IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3231 OF 2025 Between: Shaik Habeebulla, S/o Shaik Inulla Aged about 47 years, Door No. 17-388-04, NVR Street Near Urdu High School,' Madanapalle Village and Mandal Chittoor District Now Annammaya District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat Buildings Secretariat, Velagapudi, Amaravathi 2. The District Collector, Annamayya District (Old Chittoor) 3. The Tahsildar, Madanapalle Mandal, Annamayya Dist 4. The District Registrar (Stamps and Registration), Department Annamayya District (Old Chittoor) 5. The Joint Sub Registrar, Madanapalli, Annamayya District (Old Chittoor) 6. The Commissioner, Endowments Department, Gollapudi, Vijayawada. A.P 7. The Special Deputy Collector, Land Protection Cell, Endowment Department MZ-ll, Tirupathi. The District Endowment Officer, Endowment Department, Rayachoti Annamayya Dist ...Respondents 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 the action of the 2nd Respondent in continuing the land in Prohibitory list under Section 22(A)(a)(c) of the Registration Act 1908 to an extent of Ac.0-50 cents in Sy.No. 296 of Madanapalle Village and Madanapalle Mandal, Annamayya District(Old Chittoor) is illegal arbitrary and quite contrary to the proceedings of the 7th Respondent bearing Rc.No.80/2022 Dated 10.7.2023 apart from being violating of the fundamental and constitutional rights guaranteed to the petitioner under Article 14,19,21 and 300A of the Constitution of India and consequently to direct the 5th Respondent to receive and register the conveyance deeds to be presented by the petitioner, forthwith lA NO: 1 OF 2025 Petition under Section 15T CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.5 to forthwith to register and release the document to be presented by me or my vendee in respect of the Land admeasuring Ac.0-50 cents in Sy.No.296 of Madanapalli Village and Mandal, Annamayya District(Old Chittoor), pending disposal of the above writ petition Counsel for the Petitioner: SRI S SYAMSUNDER RAO Counsel for the Respondents No.1, 4, 5: GP FOR REGISTRATION AND STAMPS Counsel for the Respondents Nd.2V 3: GP FOR REVENUE n Counsel for the Respondents No.6 to 8: GP FOR ENDOWMENTS The Court made the following: Order APHC010059452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 3231/2025 Between; ...PETITIONER Shaik Habeebulla AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.S SYAMSUNDER RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR ENDOWMENTS 3.GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER:- This petition is filed under Article 226 of the Constitution of India for the following relief:- pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2"'^ Respondent in continuing the land in Prohibitory list under Section 22(A)(a)(c) of the Registration Act, 1908 to an extent of Ac.0-50 cents in Sy.No.296 of Madanapalle Village and Madanapalle Mandal, Annamayya District (Old Chittoor) is illegal, arbitrary and quite contrary to the proceedings of the Respondent bearing 2 Rc.No.80/2022, Dated 10.07.2023 apart from being violating of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to direct the 5'^ Respondent to receive and register the conveyance deeds to be presented by the petitioner, forthwith and pass ” The case of the petitioner in brief is that the petitioner is the lawful owner and possessor of Ac.5-03 cents in Sy.No.296, Madanapalli Village and Mandal, Chittoor District, including the house bearing Door No.17-388-C-4 in the area of nearly 272 cents (121 Sq. yards) which was purchased from their vendors vide Registered Sale Deed bearing Document No.9369 of 2021, dated 23.10.2021 with valuable sale consideration. But the Joint Sub- Registrar registered the said extent of land by deleting the land to an extent of Ac.0-50 cents on the ground that the land is under the prohibitory list under Section 22A(1)(c) of the Registration Act, 1908. Thereafter, petitioner made an application through Mee Seva vide Application No.TTAOl 2200100778, dated 02.12.2022 to remove the land from the prohibitory list, but the respondent Nos.6 to 8 claimed that the land was Endowment land belonging to Sri Bonthala Vari Choultry, Madanapalli. Then, a joint inspection was conducted by the Tahsildar, Madanapalli, and the District Endowment Officer confirmed that the Ac.0-50 cents in Sy.No.296 does not belong to the Endowments Department. Official communications from the Tahsildar vide Roc.B/202/2019, dated 17.10.2019 and vide Roc.A/35/2020, dated 12.02.2020 and the District Endowment Officer vide Lr.No.A1/700/2022, dated 08.12.2022 led to the Special Deputy Collector vide Roc.No.80/2023, dated 10.07.2023 confirming 2. 3 that Sy.No.296 was mistakenly notified as Endowment land. Further by the Commissioner of Endowments vide Memo lnR.cno.M1/COE-19024(35)/24/2023, dated 05.11.2023 resulted in a joint physical inspection by the Tahsildar and Municipal Surveyor. Their Joint Survey Report confirmed that Sy.No.296 (Ac.5-20 cents) is classified as Government Dry Patta land, whereas the actual Endowment land (Ac.1-25 cents) is in Sy.No.296/1 of Kammapalli Village, and also confirmed by O.S.No.291 of 1982 of the Principal District Munsiff Court, Madanapalli. It is found that the prohibitory list mistakenly included Ac.0-50 cents from Sy.No.296, Madanapalli. Despite these findings, the 6^^ respondent failed to take action, keeping the Ac.0-50 cents under the prohibitory list and preventing the petitioner from registering the property. Aggrieved by the same, the present writ petition is filed. verification Heard Mr. S.Syam Sunder Rao, learned counsel for the petitioner and the learned Government Pleaders appearing for the respondents. 3. 4. On hearing, learned counsel for the petitioner submits that the respondent is not discharging the roles and duties assigned to him under the provisions of the Registration Act and thereby committing illegality. It is further submitted that the 6^'' respondent is not taking further action as per the Joint Survey Report for deleting of the subject land in Sy.No.296 to an extent of Ac.0-50 cents of Madanapalli Village and Mandal, Annamayya District (Old Chittoor) and also not entertaining the registration of documents submitted by the petitioner in respect of the subject-prcperty, which is arbitrary and illegal. 4 Hence, the learned counsel for the petitioner requests to pass appropriate orders. Learned Government Pleader has furnished a copy of instructions Endowments Department issued vide Lr.in Rc.No.M1/COE-19025(3)/1/2025, dated 11.02.2025, and submits that the land in Sy.No.296 with an extent of Ac.5.20 cents of Madanapalle Village covered with houses and house sites. Whereas, the lands in Sy.No.296/1A to an extent of Ac.1.37 cents and Sy.No.296/1B to an extent of Ac.0.42 cents of Kammapalle Village are covered with buildings, Gullam Alisha Durga and Bonthalavari Choultry etc., and the matter was under examination in the Office of the Commissioner, Endowments Department, Andhra Pradesh. Learned Government Pleader further submits that, if any application of the petitioner is pending, the respondents shall consider the same. 5. of the Commissioner, was 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleaders for the respondents, respondent No.6- Commissioner is directed to dispose of the application dated 10.07.2023 made by the petitioner and pass appropriate reasoned orders, in accordance with law, within a period of two (02) weeks, from the date of receipt of copy of this order. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. 5 % As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, State, of Andhra Pradesh, Revenue (Stamps and Registration) Department, Secretariat Buildings Secretariat Veiagapudi, Amaravathi 2. The District Collector, Annamayya District (Old Chittoor) 3. The Tahsildar, Madanapalle Mandal. Annamayya Dist 4. The District Registrar (Stamps and Registration), Department Annamayya District (Old Chittoor) 5. The Joint Sub Registrar, Madanapalli, Annamayya District (Old Chittoor) 6. The Commissioner, Endowments Department, Gollapudi, Vijayawada M. r 7. The Special Deputy Collector, Land Protection Cell Department MZ-II, Tirupathi. 8. The District Endowment Officer, Endowment Department, Rayachoti Annamayya Dist > y . 9. One CC to SRI S SYAMSUNDER RAO Advocate [OPUC] 10. Two CCS to GP FOR REGISTRATION AND STAMPS, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] ^^ [OUrf^^ endowments. High Court of Andhra Pradesh 13. Three CD Copies To, Endowment gsg % HIGH COURT DATED: 11/02/2025 ORDER WP.No.3231 of 2025 ■gf amdh: SP r 07 MM 2025 . Cyrwnt Section ^ ^£..o«spatcW^ DISPOSING THE WP WITHOUT COSTS