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2025 DAILYLAW 6909 (AP)

P V RAMANAMMA v. THE STATE OF AP

WP/3945/2025 · 2025-02-18

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) ' TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE '' PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 394fi HF onon f PRASAD Between: p. V. Ramanamma, W/o Late Sanjeva Reddy, Aged Cheruvukommupalem Village, Ongole Mandal, Prakasam about 51 years, R/o District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Registration and Stamps) Department, Secretariat, Velagapudi, Amaravathi, A.P. 2. The Commissioner and Inspector General of Stamps and Registration, Andhra Pradesh, Secretariat, Gollapudi, Guntur District, Andhra Pradesh-5220 004. 3. The District Registrar, Department of Registration AND Stamps, Prakasam District, A.P. 4. The Joint Sub-Registrar, Ongole, Prakasam District 5. The District Collector, Ongole District. 6. The Revenue Divisional Officer, Ongole Revenue Division, District. 7. The Tahsildar, Ongole Revenue Division and Mandal Revenue A.P. Ongole , Ongole District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the of Respondent authorities property admeasuring 572 Sq. Yards nature of writ of Mandamus to declare the action in inclusion of Petitioners house site D.No.37-1-413(26) of L.P.No.28/81 in Sy.No.60/1A situated at Arinavarapadu Village, Ongole Sub-Division, Prakasam District in prohibitory list notified under S.22-A of Registration Act, 1908 through Proceedings vide bearing RC/E5/490/2016 dated 18.04.2017 issued by the Respondent No.5 as per se illegal, manifestly arbitrary, dehors jurisdiction and contrary to the provisions of Registration Act, 1908 and Rules made thereunder besides being violative of Articles 14, 21 and 300-A of Constitution of India and consequently to direct the Respondent authorities to exclude the same. lA 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 the Respondent authorities to consider and dispose of Petitioner’s Meeseva Application vide bearing No.TTAOl2400123381 dated 30.10.2024 in accordance with law, pending disposal of writ petition. lA 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 to direct the Respondent authorities to suspend the prohibitory list circulated under S.22-A of the Registration Act, 1908 through Proceedings vide bearing RC/E5/490/2016 dated 18.04.2017 issued by the Respondent No.5 to the extent of including Petitioner’s house site property admeasuring 572 Sq. Yards near D.No.37-1-413(26) of L.P.No.28/81 in Sy.No.60/1A situated at Annavarapadu Village, Ongole Sub-Division, Prakasam District, pending disposal of writ petition. Counsel for the Petitioner: SRI AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent Nos.1 to 7: SRI K. ARJUN CHOWDHARY, AGP FOR STAMPS AND REGISTRATION & REVENUE The Court made the following: ORDER 1 i APHC010066892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3945/2025 Between: 1.P V RAMANAMMA, W/0 LATE SANJEVA REDDY, AGED ABOUT 51 YEARS, R/0 CHERUVUKOMMUPALEM VILLAGE, ONGOLE MANDAL, PRAKASAM DISTRICT, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATION AND STAMPS) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P, 2.THE COMMISSIONER AND INSPECTOR GENERAL OF STAMPS AND REGISTRATION, ANDHRA PRADESH, SECRETARIAT, GOLLAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-5220 004. 3.THE DISTRICT REGISTRAR, DEPARTMENT OF REGISTRATION AND STAMPS, PRAKASAM DISTRICT, A.P. 4.THE JOINT SUBREGISTRAR, ONGOLE, PRAKASAM DISTRICT, A.P. 5.THE DISTRICT COLLECTOR, ONGOLE DISTRICT. 6.THE REVENUE DIVISIONAL OFFICER, , ONGOLE REVENUE DIVISION, ONGOLE DISTRICT. 7.THE TAHSILDAR, ONGOLE REVENUE DIVISION AND MANDAL, ONGOLE DISTRICT ...RESPONDENT(S); Counsel for the Petitioner: 1.AKULASRI KRISHNA SAI BHARGAV 2 Counsel for the Respondent(S): 1.GPFOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following; ORAL ORDER: Heard Sri A.S.K.S. Bhargav, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Stamps & Registration and Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Application dated 30.10.2024 made before the Competent Authority namely the District Collector (Respondent No.5), for deletion of the subject property from the Prohibited Properties List under Section 22A-(1) (A) of the Registration Act (Ex.P.9). Learned Counsel would submit that despite this Application having been made in the month of October, 2024, there is no progress in the enquiry that is required to be conducted by Respondent No.5. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the District Collector, Ongole (Respondent No.5) to consider the Application submitted by the Writ Petitioner dated 30.10.2024 (Ex.P.9) and pass a Speaking Order in accordance with law within a period of 14 weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. 2. 3. Needless to state that the Respondent No.5 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to the Writ Petitioner, consider her submissions/objections and documents, if any, before passing the final order. Writ Petitioner is directed to submit a copy of this Order along with the photocopy of the Application dated 30.10.2024 (Ex.P.9) to Respondent No.5 within one week from today, for effective compliance. 4. 5. 3 \ With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO deputy registrar 6. 7. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue (Registration and Stamps) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, A.P. 2. The Commissioner and Inspector General of Stamps and Registration, Andhra Pradesh, Secretariat, Gollapudi, Guntur District, Andhra Pradesh-5220 004. 3. The District Registrar, Department of Registration AND Stamps, Prakasam District, A.P. 4. The Joint Sub-Registrar, Ongole, Prakasam District, A.P. 5. The District Collector, Ongole District. 6. The Revenue Divisional Officer, Ongole Revenue Division, Ongole District. 7. The Tahsildar, Ongole Revenue Division and Mandal, Ongole District 8. One CC to Sri Akula Sri Krishna Sai Bhargav, Advocate [OPUC] 9. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb / HIGH COURT DATED:18/02/2025 0 7 M** ?07S s ORDER WP.No.3945 of 2025 0> Co . Curreiu oeciion ^ DISPOSING OF THE W.P. WITHOUT COSTS