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2025 DAILYLAW 8015 (AP)

I SUNIL KUMAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/4552/2025 · 2025-02-24

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY;:^^''^S^ TWO THOUSAND AND TWENTY FIVE oM PRESENT U THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 4552 OF 2025 -- i -f * Between: I.Sunil Kumar Reddy, S/o I. Nagi Reddy, Aged about 39 years, Occ; Business, R/o 6-5-472, Andhra Bank Colony, Ram Nagar, Anantapur Town and District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Anantapuramu District at Anantapur. 3. The Revenue Divisional Officer, Anantapuramu District, at Anantapur. 4. The Tahsildar, Atmakur Mandal, Anantapuramu District. 5. The Sub-Registrar (Rural), Anantapuramu 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 may be pleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not removing the petitioner's property in Sy.No.736-2 to the extent of Ac.20.00 cents located in Atmakuru Village and Mandal, Anantapuramu District from the category of Dotted Lands in spite of the application made by the petitioner dated 22.06.2023 seeking removal of his land from the category of dotted lands as arbitrary, illegal, contrary to Sec tion 4, 6 and 7 of A.P. Dotted Lands (Updation in Re-Settlement Register) Act, 2017 besides being unconstitutional and violative of the rights guaranteed under Articles 21 and 300-A of the Constitution of India and consequently direct the respondents to dispose of the application/claim dated 22.06.2023 made by the petitioner and delete his land in Sy.No.736-2 to the extent of Ac.20.00 cents located in Atmakuru Village and Mandal, Anantapuramu District from the category of “Dotted Lands” and also from the prohibited property list. 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 respondents to dispose of the application/claim dated 22.06.2023 made by the petitioner seeking deletion of his land in Sy.No. 736-2 to the extent of Ac.20.00 cents located in Atmakuru Village and Mandal, Anantapuramu District from the category of “Dotted Lands”. Counsel for the Petitioner; SRI SAI MANOJ REDDY L Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER 1 APHC010084312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4552/2025 Between; 1.1 SUNIL KUMAR REDDY, S/0 I. NAGI REDDY AGED ABOUT 39 YEARS. OCC BUSINESS, R/0 6-5-472, ANDHRA BANK COLONY, RAM NAGAR ANANTAPURTOWN AND DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANANTAPURAMU DISTRICT AT ANANTAPUR. 3.THE REVENUE DIVISIONAL OFFICER, ANANTAPURAMU DISTRICT, AT ANANTAPUR. 4.THE TAHSILDAR, ATMAKUR MANUAL, ANANTAPURAMU DISTRICT. 5.THE SUBREGISTRAR RURAL, ANANTAPURAMU DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner; I.SAI MANOJ REDDY L Counsel for the Respondent(S); 1.GP FOR REVENUE 2.GP FOR REGISTRATI^NAND STAMPS 2 ✓ The Court made the following: ORAL ORDER: Heard Sri L. Sai Manoj Reddy, learned Counsel for the Writ Petitioner and Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Application submitted by the Writ Petitioner for removal of the subject property from the Prohibited Properties List under Section 22A of the Registration Act, on 11.08.2022 (Ex.P.8). Learned Counsel would submit that the said property was purchased by the Writ Petitioner in an Auction conducted by the Official Liquidator on 06.07.2022. He would submit that the Writ Petitioner was also granted Sale Certificate on 10.08.2022 (Ex.P.7). Sri T. Sanjeeva Rao, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Atmakur Mandal dated 18.02.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. 2. 3. The Written Instruction would clearly indicate that the request of the Writ Petitioner is under process. 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, Anantapuramu District (Respondent No.2) to consider the Application of the Writ Petitioner dated 11.08.2022 (Ex.P.8) 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. 4. 5. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to the 6. 3 Writ Petitioner herein, consider his 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 11.08.2022 (Ex.P.8) to Respondent No.2 within one week from today, for effective compliance. With these observations and directions disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 7. 8. this Writ Petition stands 9. Sd/-M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// ■Ff^ToFFICER SEC To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Anantapuramu District at Anantapur. 3. The Revenue Divisional Officer, Anantapuramu District, at Anantapur. 4. . The Tahsildar, Atmakur Mandal, Anantapuramu District. 5. The Sub-Registrar (Rural), Anantapuramu District. 6. One CC to Sri Sai Manoj Reddy L, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT 8. Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:24/02/2025 ORDER WP.No.4552 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS