APHC010559822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29175/2025 Between: 1. AISHWARYAA HOMES PVT LTD, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT D. NO. 3-10/3, PLOT NO. 57, OCEAN DRIVE, GUDLAVANI PALEM, SAGAR NAGAR, VISAKHAPATNAM VISHAKHAPATNAM REP. BY ITS MANAGING DIRECTOR, JASTI VIJAYA SANKAR S/O LATE KRISHNAJEE RAO, R/O SAGARNAGAR, VISAKHAPATNAM (RURAL) MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 2. M/S SRUTHI DEVELOPERS,, A REGD. PARTNERSHIP FIRM, HAVING REGISTERED OFFICE AT D.NO. 3274, FLAT NO 401, VIJAYA KRISHNA RESIDENCY, NARASINGARAO PETA, ANAKAPALLI 531001, REP BY ITS MANAGAING PARTNER, K SWAMI NAIDU, R/O 496/A, MINDIVALASA, MANGALAP 31, RAMACHANDRAPURAM, KOTHAVALASA, VIZIANAGARAM - 535 183. 3. M/S SWAMI NAIDU CONSTRUCTIONS,, A REGD. PARTNERSHIP FIRM, HAVING REGISTERED OFFICE AT D.NO. 429. MANGALAPALEM POST. KOTHAVALASA VIZIANAGARAM, REP BY ITS MANAGING PARTNER K SWAMI NAIDU, R/O 496/A, MINDIVALASA MANGALAP 31, RAMACHANDRAPURAM, KOTHAVALASA, VIZIANAGARAM - 535 183. ...PETITIONER(S) AND -2- W.P. No.29175 of 2025 Date of order:29.12.2025 1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY TO GOVT., REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, A.P SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR OF VIZIANAGARAM, VIZIANAGARAM. 3. THE DISTRICT REGISTRAR OF VIZIANAGARAM, STAMPS AND REGISTRATION DEPARTMENT, VIZIANAGARAM. 4. THE JOINT SUBREGISTRAR, KOTHAVALASA, VIZIANAGARAM. ...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 of Mandamus or any other appropriate Writ, order or direction, declaring the action of the Respondents more particularly Respondent No.2 herein in issuing proceedings vide RC No. 2707/2024/E2 dated 15.04.2025 communicating that the lands of the Petitioners herein admeasuring Ac.9.52 cents in Sy.No.102, AC.4.28 cents in Sy.No.281-7 and Ac.2.58 cents in Sy.No.285-1 of Chinthalapalem Village, Kothavalasa Mandal, Vizianagaram as Government lands and the said properties continue to be in the list of prohibited properties under Section 22A of Registration Act, 1908 and the Respondent Nos.3 and 4 herein in not registering the documents with respect to the said lands as being illegal, arbitrary. without jurisdiction, and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and Consequently to set aside the proceedings in RC No. 2707/2024/E2 dated 15.04.2025 issued by the Respondent No.2 and further direct the Respondent Nos.3 and 4 to register the documents with respect to the lands of the Petitioners admeasuring Ac.9.52 cents in Sy.No.102, AC.4.28 cents in Sy.No.281-7 and Ac.2.58 cents in Sy.No.285-1 of Chinthalapalem Village, Kothavalasa Mandal, Vizianagaram 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 suspend the proceedings in RC.No.2707/2024/E2 dated 15.04.2025 issued by the Respondent No.2 with respect to the lands of the Petitioners admeasuring Ac.9.52 cents in Sy.No.102, Ac.4.28 cents in Sy.No.281-7 and Ac.2.58 cents in Sy.No.285-1 of Chinthalapalem Village, Kothavalasa Mandal, Vizianagaram and pass such -3- W.P. No.29175 of 2025 Date of order:29.12.2025 IA NO: 2 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 Respondent Nos.3 and 4 to register the documents with respect to the lands of the Petitioners admeasuring Ac.9.52 cents in Sy.No.102, AC.4.28 cents in Sy.No.281-7 and Ac.2.58 cents in Sy.No.285-1 of Chinthalapalem Village, Kothavalasa Mandal, Vizianagaram and pass Counsel for the Petitioner(S): 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS The Court made the following: -4- W.P. No.29175 of 2025 Date of order:29.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 29175 OF 2025 ORDER: 1. The writ petition, under Article 226 of the Constitution of India, has been filed for the following relief: “issue a Writ of Mandamus or any other appropriate Writ, order or direction, declaring the action of the Respondents more particularly Respondent No.2 herein in issuing proceedings vide RC No. 2707/2024/E2 dated 15.04.2025 communicating that the lands of the Petitioners herein admeasuring Ac.9.52 cents in Sy.No.102, AC.4.28 cents in Sy.No.281-7 and Ac.2.58 cents in Sy.No.285-1 of Chinthalapalem Village, Kothavalasa Mandal, Vizianagaram as Government lands and the said properties continue to be in the list of prohibited properties under Section 22A of Registration Act, 1908 and the Respondent Nos.3 and 4 herein in not registering the documents with respect to the said lands as being illegal, arbitrary. without jurisdiction, and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and Consequently to set aside the proceedings in RC No. 2707/2024/E2 dated 15.04.2025 issued by the Respondent No.2 and further direct the Respondent Nos.3 and 4 to register the documents with respect to the lands of the Petitioners admeasuring Ac.9.52 cents in Sy.No.102, AC.4.28 cents in Sy.No.281-7 and Ac.2.58 cents in Sy.No.285-1 of Chinthalapalem Village, Kothavalasa Mandal, Vizianagaram and pass such other order or orders…” 2. Pending disposal of the writ petition, the learned counsel for the petitioner has submitted that in view of the subsequent developments, the petitioner not willing to pursue the present writ petition and to that effect a memo has been filed seeking permission of this Court to withdraw the writ petition with a liberty to approach this Court in the -5- W.P. No.29175 of 2025 Date of order:29.12.2025 event of any further grievance or adverse action arising in respect of the subject lands. 3. Considering the Memo filed by the petitioner, permission is accorded and the writ petition is dismissed as withdrawn with a liberty to file fresh writ petition in the event of any further grievance arising in respect of the subject lands. No costs. 4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV