1 KM,J WP No. 31458 of 2025 APHC010605212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 31458/2025 Between: 1. UPPALA SRINIVAS, UPPALA SRINIVAS, S/O.BHASKARA RAO, AGED ABOUT 63 YEARS, 2. UPPALA RAGHU, S/O.BHASKARA RAO, AGED ABOUT 61 YEARS. 3. NUNNA SRINIVASA GUPTA, S/O.LATE VENKATRAJU, AGED ABOUT 65 YEARS. ALL ARE R/O.D.NO.58-17-50/6, BEHIND RELIANCE PETROL BUNK, OPP. NSTL, VISAKHAPATNAM - 530 009. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, NTR DISTRICT. 3. SRI VARAHA LAKSHMI NARASIMHA SWAMY VARI DEVASTHANAM, SIMHACHALAM, VISAKHAPATNAM 2 KM,J WP No. 31458 of 2025 DISTRICT, A.P., REP. BY ITS EXECUTIVE OFFICER. ...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 toPleased to issue a Writ, Order or direction more particularly one in the nature of mandamus, declaring the inaction of the Respondents 2 and 3 in considering the representation of the petitioners, dt.26.06.2025 for deletion of the petitioners land an extent of Ac.1.00 cts in Sy.No.24/3D2 of Cheemalapalli Village, Pendurthi Mandal, Visakhapatnam District, from the prohibited list maintained under Section 22A (1) (c) of the Registration Act, 1908, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent to delete of the petitioners land an extent of Ac. 1.00 cts in Sy.No.24/3D2 of Cheemalapalli Village, Pendurthi Mandal, Visakhapatnam District, from the prohibited list maintained under Section 22A (1) (c) of the Registration Act,1908, and pass IA NO: 1 OF 2025 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 Pleased to direct the 2nd respondent, to consider the Representation of the Petitioners, dt.26.06.2025 for deletion of the petitioners land an extent of Ac.1.00 cts in Sy.No.24/3D2 of Cheemalapalli Village, Pendurthi Mandal, Visakhapatnam District, from the prohibited list maintained under Section 22A (1) (c) of the Registration Act,1908, pending disposal of writ petition and pass Counsel for the Petitioner(S): 1. V SURYA KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS 3 KM,J WP No. 31458 of 2025 The Court made the following Order: 1. The present writ petition is filed challenging the action of the respondent Nos.2 and 3 in not considering the representation of the petitioners dated 26.06.2025 for deletion of the petitioners’ land an extent of Ac.1.00 cents in Sy.No.24/3D2 of Cheemalapalli Village, Pendurthi Mandal, Visakhapatnam District from the prohibited list of properties under section 22 A (1) (c) of the Registration Act, 1908 2. Heard Sri. Surya Kiran Kumar, the learned counsel for the petitioners and the learned Standing Counsel for the respondent no.3 temple and the learned Assistant Government Pleader for the Stamps and Registration Department. 3. It is stated by the learned counsel for the petitioners that the subject property has been kept under prohibitory list under section 22 A (1) (c) of the Registration Act, 1908 which is private patta land of the petitioner. The petitioners have purchased the subject property through the registered sale deed dated 26.12.1980 vide document bearing no.8511/1980, since then the petitioners have been in occupation and enjoyment over the subject property. The municipal authorities have also assessed the property vide Assessment No.1086532210, for payment of Property Tax. However, when the 4 KM,J WP No. 31458 of 2025 petitioners have proposed to sell the subject land, the petitioner came to know that the said land is placed under Section 22-A(1)(c) of the Registration Act, 1908. Thus, the petitioners made a representation dated 26.06.2025 before the 2nd respondent-The Commissioner, Endowments Department requesting him to delete the same from the prohibition list explaining as to how the subject property would not belonging to the Endowment property. However the 2nd respondent had not pass any orders on the representation made by the petitioners. On the same, the petitioners approached this court and filed the instant writ petition. 4. When the matter has been taken up for consideration, the learned Standing Counsel appearing for 3rd respondent placed the copy of letters of relevant proceedings of the District Registrar placing the subject lands under Section 22-A(1)(c) of the Registration Act, 1908. 5. The learned counsel for the petitioners relied upon the decision of this court in Anakapalli Vijayalakshmi & Another Vs. State of A.P.,1 as follows: “16. The entry in the Gillman Register, filed by the Petitioners before this court, shows that the entire extent of Ac.52.56 cents of land in Sy.No.24 of Cheemalapally village 1 High Court of Andhra Pradesh, W.P.No.17359 of 2008, dated 21.10.2021 5 KM,J WP No. 31458 of 2025 has been categorized as “Zeroyati” land. The entries in the Gillman register have been made under the provisions of the Madras Survey and Boundaries Act, 1897. In Pogaru Ramamurthi Vs. Sri Raja Mirja Sri Pushavati Alaka Narayana Gajapathiraju Maharaju Maharaju Manya Sulatan Bahadur2, the Hon’ble Madras High Court had held that the classification of the land is also an issue which can be dealt with by the survey officer under the provisions of the Madras Survey and Boundaries Act, 1897. Incidentally, this judgement came to be delivered on the basis of the same survey conducted at the instance of Mr. H.F.W. Gillman in 1904. Accordingly, it would have to be accepted, prima facie, that the land in Survey no.24 is Zeroyati land and not Inam land.” 6. In view of the above judgments and as the representation of the petitioners has not been considered, this court deems it is appropriate to dispose of this writ petition directing the 2nd respondent to pass orders on the representation of the petitioners within four (04) weeks from the date of receipt of copy of this order by giving opportunity to hear the petitioners. 7. With the above observation, the writ petition is disposed of. There shall be no order as to costs. 2 ILR Vol.LVI 366 (Madras) 1933 6 KM,J WP No. 31458 of 2025 Consequent thereto, miscellaneous petition pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 01-12-2025. JAK 7 KM,J WP No. 31458 of 2025 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA 136 WRIT PETITION NO: 31458 / 2025 Date: 01.12.2025 JAK