APHC010668652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36298/2025 Between: 1. SREENIVASAPURAM SREENIVASA SREEDHAR, S/O. RAMACHARAYULU, AGED ABOUT 59 YEARS, OCC IFS R/O.D/O.49- 53-3, BASTHI 13, BALAYYASHASHTRI LAYOUT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REVENUE DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT.53002 3. THE TAHSILDAR, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 351022 ...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 a) Declare The action of the respondents in including and continuing to retain the petitioner's land in Sy.No.59-8, to an extent of Ac.3.00 cents situated at Palavalasa Village, Anandapuram Mandal, Visakhapatnam District, in the prohibitory list under Section 22-A(1)(e) of the Registration Act, 1908 as illegal, arbitrary, contrary to the CCLA Circular Lr.No.Assn.l(1)/350/2022 dated 04.05.2022, violative of principles of natural 2 justice, and unconstitutional being in violation of Articles 14 and 300-A of the Constitution of India and b) Direct the respondents to forthwith delete the petitioner's land in Sy.No.59-8, Ac.3.00 cents, from the prohibitory list notified under Section 22-A(1)(e) of the Registration Act, 1908 and c) 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 to direct Suspend the operation of the impugned inclusion of the petitioner's land in Sy.No.59-8, Ac.3.00 cents, in the prohibitory list under Section 22-A(1)(e) of the Registration Act, 1908, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. C SRINIVASA BABA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36298 of 2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief: “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus a) Declare The action of the respondents in including and continuing to retain the petitioner's land in Sy.No.59-8, to an extent of Ac.3.00 cents situated at Palavalasa Village, Anandapuram Mandal, Visakhapatnam District, in the prohibitory list under Section 22-A(1)(e) of the Registration Act, 1908 as illegal, arbitrary, contrary to the CCLA Circular Lr. No. Assn. l(1)/350/2022, dated 04.05.2022, violative of principles of natural justice, and unconstitutional being in violation of Articles 14 and 300- A of the Constitution of India and b) Direct the respondents to forthwith delete the petitioner's land in Sy.No.59-8, Ac.3.00 cents, from the prohibitory list notified under Section 22-A(1)(e) of the Registration Act, 1908 and c) Pass…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. The grievance of petitioner is that, despite the clarification issued by the Chief Commissioner of Land Administration (CCLA) in circular dated 04.05.2022, the respondents have not considered his case. As per Annexure-I to the said circular, Sl.No.1 clearly describes that the District Collector is required to verify only the following aspects: (a) if the assignee is truly an Ex-Serviceman, (b) if assignment was genuine. Once these two facts are established, the Ex-Serviceman assignee is allowed to sell the land after completion of ten (10) years from the date of assignment. 4 4. In view of the said circular, the petitioner’s property ought not to be treated as assigned land and it should be deleted from the list maintained under Section 22-A(1)(e) of the Registration Act. Further, he also relied on the report submitted by the Revenue Divisional Officer dated 27.11.2018. Despite having the report from the Revenue Divisional Officer, the District Collector has neither considered the same nor passed any order. Hence, the writ petition. 5. Considering the submissions, this Court is not inclined to go into the merits of the case, the writ petition is disposed of, directing the respondent, more particularly the District Collector/Respondent No.2, to consider the representation made by the petitioner based on the report submitted by the Revenue Divisional Officer dated 27.11.2018, and, if required, by obtaining an additional report from the said authority and to pass appropriate orders within a period of three (03) months from the date of receipt of copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D.RAMESH Dt.30.12.2025 Pmk 5 147 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36298/2025 Dt.30.12.2025 Pmk