APHC010668272022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 39756/2022 Between: 1. SANKRANA JAGANNADHAM, S/O. LATE PYDITHALLI, AGED ABOUT 57 YEARS, OCC CULTIVATION, R/O. KANAPAKA AYYANNAPETA VILLAGE, VIZIANAGARAM MANDAL AND DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4. THE TAHSILDAR, VIZIANAGARAM MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring that the action of the respondents, particularly the action of the 4th respondent in issuing the Endorsement Rc. No. 1619/2022-A, dated 17.06.2022, rejecting the request of the petitioner, 2 HBKM,J W.P.No.39756 of 2022 to de-notify the land in Sy. No. 23/5 measuring an extent of Ac.10.73 cents, situated at Kanapaka Ayyannapeta Village, Vizianagaram Mandal and District, and further declaring that the action of the respondents, in including the above said lands from the prohibited list, under Section 22-A (I)(a) of the Registration Act, stating that the said lands as the Government Tank, as illegal, improper, arbitrary, unjust, violative of principles of natural justice, violative of Articles 21 and 300-A of the Constitution of India, unconstitutional and is liable to be set aside, by holding that the above said land belongs to the exclusive property of the petitioner for all purposes, and pass such IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the Endorsement Rc. No. 1619/2022-A, dated 17.06.2022, issued by the 4th respondent, with a direction to the respondents, not to dispossess or interfere with the peaceful possession and enjoyment of the petitioner, relating to land over an extent of Ac.10.73 cents in Sy.No Sy.No.23/5 of Kanapaka Ayyannapeta, (K.A.Peta), Vizianagaram Mandal, Vizianagaram District, pending disposal of the Writ Petition, in the interest of Justice and pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.39756 of 2022 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition is filed questioning the endorsement issued by the 4th respondent dated 17.06.2022 addressing to the respondent Nos.2 and 3 informing that the survey No.23/5 in an extent of Ac.10.73 cents is a government tank, which may not be de-notified from the government lands. The petitioner assailed the said proceedings on the ground that the 4th respondent is not the competent authority in the matter of deletion of the subject land from the prohibited list. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that it is an endorsement given basing upon the reference of the 2nd respondent, hence, it was addressed to the respondent Nos.2 and 3 by the 4th respondent, which cannot be assailed by the petitioner. 4. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is to be seen that even as per the impugned endorsement of the 4th respondent dated 17.06.2022, the petitioner approached the 2nd respondent to de-notify the land in survey No.23/5 in an extent of Ac.10.73 cents, situated at Kanapaka Ayyannapeta village, Vizianagaram Mandal and District. In pursuance of the same, the reference cited in the above said impugned endorsement was given by the 4 HBKM,J W.P.No.39756 of 2022 2nd respondent. Basing upon the same, the 4th respondent enquired into the matter and verified the character of the subject land and found that it is a tank and there is a CC road laid by the municipal authorities to provide approach to the burial ground from the existing built up area. He further observed that in view of the Section 2A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryothwari patta) Act, 1956, the subject land vests with the government and as such it was placed under Section 22A (1) (a) by the competent authority in the prohibited list of the government lands and accordingly the same was informed to the respondent Nos.2 and 3 for necessary action by way of an endorsement of the 4th respondent dated 17.06.2022, which was assailed in this Writ Petition as stated above. This Court does not see any infirmity or lack of jurisdiction in issuing the impugned endorsement by the 4th respondent as it was addressed to the respondent Nos.2 and 3 in pursuance of the reference proceedings of the 2nd respondent on the application made by the petitioner to the said concerned authority. If at all, the 2nd respondent has taken any final decision basing upon the above said endorsement of the 4th respondent dated 17.06.2022 and if it is otherwise affecting the petitioner in any manner and if the petitioner is aggrieved by the same, it is always open to assail the said proceedings of the 2nd respondent, for which the petitioner can approach the 2nd respondent in this regard. 5 HBKM,J W.P.No.39756 of 2022 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B.KRISHNA MOHAN Dt: 25.11.2025 sj 6 HBKM,J W.P.No.39756 of 2022 112 THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION NO. 39756 of 2022 Dt: 25.11.2025 sj