APHC010101132021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6009 OF 2021 Between: 1. B. Revathi Rani, W/o. B.S.Naidu, Hindu, aged 60 Years, Housewife, R/o. 145/3, Vijayanagar Colony, Hyderabad-57 Hyderabad District. 2. G. Hemalatha Reddy, W/o. Kesava Reddy, Hindu, aged 60 Years, Housewife, R/o. 145/3, Vijayanagar Colony, Hyderabad-57 Hyderabad District. V. ,. - 3. P. Leelavathi, S/o. Sambasiva Reddy, Hindu, aged 75 years. Housewife, R/o. 145/3, Vijayanagar Colony, Hyderabad-57 Hyderabad District.. 4. Vetukuri Krishnam Raju, S/o Janakrishnama Raju, Hindu, aged 58 years. Housewife, R/o. D.No.18-177, Adarshnagar, HB Colony, Visakhapatnam District. 5. S. Panduranga Raju, S/o. Venkata Surapa Raju, Hindu, aged 61 years. Business, R/o. Kaluvapadu Village, Kallamandu Mandal, West Godavari District. 6. Mantena Venkata Raju, S/o. Narasimha Raju, Hindu, aged 80 Business R/o. Kallakuru Village, Kalla,Mandal, West Godavari District. 7. Namburi Bala Venkata Krishnam Raju, S/o. Venkataraju Hindu, aged about 50 years. Business Kolamuru village, Undi Mandal, District. years. West Godavari 8. Moro Subba Rao, S/o. Somaiah Hindu aged about 65 years. Business Indilipaka Lanka village, Krishna District. 9. Kadali Venkata Satyanarayana, S/o Venkata Tirupati Rao Hindu, aged 55 years, about Business, D.No.3D-9-2, Padamara Veedhi, Eluru West Godavari District. 10. Perecherla Venkata Satyasurya Subbaraju, S/o Buchiraju Hindu, Aged 57 years. Business R/o Kolamuru village, Undi Mandal, West Godavari District. 11. Vegesna Harerama Krishnam Raju, S/o Linga Raju Hindu, aged 42 years. Business, R/o Tadinada Village, Kalidindi Mandal, Krishna District. 12. Penmatsa Shivarama Raju, S/o Bangaraju Hindu, Aged 42 years, R/o Bujabalapatnam Village, Kaikaluru mandal, Krishna Business, District. 13. Bhupati Raju Trimurthy Raju, S/o Suryanarayana Raju Hindu, aged 51 years, Business, R/o Gundugolanu village, Bhimadolu mandal West Godavari District. 14. Namburi V.B.Prabhavati, W/o B.V.Ramakrishnam Raju Hindu, aged about 45 years. Housewife, R/o Kolamuru village, Undi Mandal, West Godavari District. 15. Penmatsa Shivaji Raju, S/o Venkata Raju Hindu, aged about 42 years. Business, R/o Tadinada'Village, Kalidindi Mandal, Krishna District. 16. Punukollu Arunasree, W/o P.V.L.Madhava Rao Hindu aged 62 years. Housewife, R/o Plot No.89, Road No.49, Jublee Hills, Hyderabad. 17. Nadimpalli Viswanadha Raju, S/o Bhupala Raju Hindu, aged about 59 years. Business, R/o State Bank Colony, Bhimunipatnam, Visakhapatnam Dist. 18. Nadimpalli Viswanadha Raju, S/o Bhupala Raju Hindu, aged about 59 years. Business, R/o State Bank Colony, Bhimunipatnam, Visakhapatnam Dist. 19. Balireddy Apparao, , S/o Tata Rao Hindu, aged about 56 years. Business, R/o. Gali Bhimavaram Village, Sabbavaram Mandal Visakhapatnam District. 20. Balireddy Govinda Rao, S/o Tata Rao Hindu, aged about 41 years, Business, R/o Gali Bhimavaram Village, Sabbavaram Mandal Visakhapatnam District. 21. Balireddy Satyanarayana, S/o Tata Rao Hindu, aged about 41 years. Business, R/o Gali Bhimavaram Village, Sabbavaram Mandal Visakhapatnam District. 22. Balireddy Demudamma, W/o Tata Rao Hindu, aged about 70 years. Housewife, Visakhapatnam District. 23. Vakada Kanaka Raju, S/o Bangarayya Hindu, aged about 40 years, R/o Gali Bhimavaram Village, Sabbavaram Mandal R/o Gall Bhimavaram Village, Sabbavaram Mandal Business, Visakhapatnam district. 24. P.B.V.S.Narayana raju, S/o Appala Raju, Hindu, Business, R/o Gali Bhimavaram Village, Sabbavaram Mandal Visakhapatnam District. 25. P.J.Anupriyanka, W/o P.B.V.S.N.Raju Housewife, Visakhapatnam District. 26. P.Parvathi Devi, W/o Appala Raju Housewife, Visakhapatnam District. 27. V.Venkata Ramana Murthy, S/o Musili Naidu Hindu, Aged about 54 years, R/o Gali Bhimavaram Village, Sabbavaram Mandal Hindu, aged about 41 years, R/o Gali Bhimavaram Village, Sabbavaram Mandal Hindu, aged about 69 years, R/o Gali Bhimavaram Village, Sabbavaram Mandal Business, Visakhapatnam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, (Revenue) Secretariat Building, Amaravathi. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam District. 4. The Tahasildar, Sabbavaram Mandal, Visakhapatnam. 5. The Sub Registrar, Sabbavaram, Visakhapatnam, Visakhapatnam 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not mutating the petitioners respective lands in Sy.Nos.22, 24, 25, 26, 27, 28, 29, 30, 15-1, 9-2, 9-3, 9-5, 8-5, 8-6 and 6 of various extents of Dongali Marri Setharama Puram Village, Sabbavaram Mandal, Visakhapatnam as per Revised List vide e.Office 29523/2017 dt.28-08-2017 issued by the District Collector is illegal, arbitrary, capricious and violative of Articles 14, 21 and 300 A of Constitution of India and also contrary to Sec.22 A (e) (2). Consequently direct the Respondents to mutate the petitioners respective lands and also direct 5*^ Respondent to Register the same as per the Revised prohibitory list in accordance with law. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct Respondents to mutate the petitioners lands in Sy.Nos.22, 24, 25, 26, 27, 28, 29, 30, 15-1, 9-2, 9-3, 9-5, 8-5, 8-6 and 6 of various extents of Dongali Marri Setharama Puram Village, Visakhapatnam as per Revised List vide e.Office 29523/2017 dt.28-08- 2017 issued by the 2”'^ Respondent and also direct 5th Respondent to Register the same as per the Revised prohibitary list pending disposal of the above writ petition. Sabbavaram Mandal, Counsel for the Petitioners: SRI N. A. RAMACHANDRA MURTHY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010101132021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6009/2021 Between: 1. B. REVATHI RANI, W/0 B.S.NAIDU, HINDU, AGED 60 YEARS, HOUSEWIFE, R/0 145/3, VIJAYANAGAR COLONY, HYDERABAD-57 HYDERABAD DISTRICT. 2. G. HEMALATHA REDDY, W/0 KESAVA REDDY, HINDU, AGED 60 YEARS, HOUSEWIFE, R/0 145/3, VIJAYANAGAR COLONY, HYDERABAD-57 HYDERABAD DISTRICT. 3. P. LEELAVATHI, S/0 SAMBASIVA REDDY, HINDU, AGED 75 YEARS, HOUSEWIFE, R/0 145/3, VIJAYANAGAR COLONY, HYDERABAD-57 HYDERABAD DISTRICT.. 4. VETUKURI KRISHNAM RAJU, S/0 JANAKRISHNAMA RAJU, HINDU AGED 58 YEARS, HOUSEWIFE, ADARSHNAGAR, HB COLONY, VISAKHAPATNAM DISTRICT. R/0 D.NO.18-177, 5. S. PANDURANGA RAJU, S/0 VENKATA SURAPA RAJU, HINDU, R/O KALUVAPADU VILLAGE, AGED 61 YEARS, BUSINESS, KALLAMANDU MANDAL, WEST GODAVARI DISTRICT. 6. MANTENA VENKATA RAJU, S/0 NARASIMHA RAJU, HINDU, AGED R/O KALLAKURU VILLAGE, 80 YEARS, BUSINESS KALLA,MANDAL, WEST GODAVARI DISTRICT. 7. NAMBURI BALA VENKATA KRISHNAM RAJU, , S/0 VENKATARAJU KOLAMURU HINDU, AGED ABOUT 50 YEARS, BUSINESS VILLAGE, UNDI MANDAL, WEST GODAVARI DISTRICT. 8. MORO SUBBA RAO, S/0 SOMAIAH HINDU AGED ABOUT 65 2 YEARS, BUSINESS INDILIPAKA LANKA VILLAGE, KRISHNA DISTRICT. 9. KADALI VENKATA SATYANARAYANA, S/0 VENKATA TIRUPATI RAO HINDU, AGED 55 YEARS, ABOUT BUSINESS, D.N0.3D-9-2, PADAMARA VEEDHI, ELURU WEST GODAVARI DISTRICT. 10.PERECHERLA VENKATA SATYASURYA SUBBARAJU, S/0 BUCHIRAJU HINDU, AGED 57 YEARS, BUSINESS R/0 KOLAMURU VILLAGE, UNDI MANDAL, WEST GODAVARI DISTRICT. 11.VEGESNA HARERAMA KRISHNAM RAJU, S/0 LINGA RAJU HINDU, AGED 42 YEARS, BUSINESS, R/0 TADINADA VILLAGE, KALIDINDI MANDAL, KRISHNA DISTRICT. 12.PENMATSA SHIVARAMA RAJU, S/0 BANGARAJU HINDU, AGED 42 R/0 BUJABALAPATNAM VILLAGE, YEARS, BUSINESS KAIKALURU MANDAL, KRISHNA DISTRICT. 13.BHUPATI RAJU TRIMURTHY RAJU, S/0 SURYANARAYANA RAJU HINDU, AGED 51 YEARS, BUSINESS VILLAGE, BHIMADOLU MANDAL WEST GODAVARI DISTRICT. R/0 GUNDUGOLANU 14.NAMBURI V.B.PRABHAVATI, W/0 B.V.RAMAKRISHNAM RAJU HINDU, AGED ABOUT 45 YEARS, HOUSEWIFE, R/0 KOLAMURU VILLAGE, UNDI MANDAL, WEST GODAVARI DISTRICT. 15.PENMATSA SHIVAJI RAJU, S/0 VENKATA RAJU HINDU, AGED ABOUT 42 YEARS, BUSINESS, R/0 TADINADA VILLAGE, KALIDINDI MANDAL, KRISHNA DISTRICT. 16.PUNUKOLLU ARUNASREE, W/0 P.V.L.MADHAVA RAO HINDU AGED 62 YEARS, HOUSEWIFE, R/0 PLOT N0.89, ROAD N0.49, JUBLEE HILLS, HYDERABAD. 17.NADIMPALLI VISWANADHA RAJU, S/O BHUPALA RAJU HINDU, AGED ABOUT 59 YEARS, BUSINESS, R/0 STATE BANK COLONY, BHIMUNIPATNAM, VISAKHAPATNAM DIST. 18.NADIMPALLI VISWANADHA RAJU, S/O BHUPALA RAJU HINDU, AGED ABOUT 59 YEARS, BUSINESS, R/0 STATE BANK COLONY, BHIMUNIPATNAM, VISAKHAPATNAM DIST. 19.BALIREDDY APPARAO, , S/O TATA RAO HINDU, AGED ABOUT 56 R/0 GALI BHIMAVARAM VILLAGE, YEARS, BUSINESS, 3 y SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. 20.BALIREDDY GOVINDA RAO,, S/0 TATA RAO HINDU, AGED ABOUT 41 YEARS, BUSINESS, R/0 GALI BHIMAVARAM VILLAGE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. 21.BALIREDDY SATYANARAYANA,, S/0 TATA RAO HINDU, AGED ABOUT 41 YEARS, BUSINESS, R/0 GALI BHIMAVARAM VILLAGE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. 22.BALIREDDY DEMUDAMMA,, W/0 TATA RAO ABOUT 70 YEARS, HOUSEWIFE VILLAGE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. HINDU, AGED R/0 GALL BHIMAVARAM 23.VAKADA KANAKA RAJU, S/0 BANGARAYYA ABOUT 40 YEARS, BUSINESS, R/0 GALI BHIMAVARAM VILLAGE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. HINDU, AGED 24.P.B.V.S.NARAYANA RAJU, S/0 APPALA RAJU BUSINESS, R/0 GALI BHIMAVARAM VILLAGE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. HINDU 25.P.J.ANUPRIYANKA, W/0 P.B.V.S.N.RAJU, HINDU, AGED ABOUT 41 YEARS, HOUSEWIFE, R/0 GALI BHIMAVARAM VILLAGE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. 26.P.PARVATHI DEVI, W/0 APPALA RAJU HINDU, AGED ABOUT 69 R/0 GALI BHIMAVARAM VILLAGE, YEARS, HOUSEWIFE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. 27.V.VENKATA RAMANA MURTHY, S/0 MUSILI NAIDU HINDU, AGED ABOUT 54 YEARS, BUSINESS, R/0 GALI BHIMAVARAM VILLAGE, SABBAVARAM MANDAL VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, (REVENUE) SECRETARIATE BUILDING, AMARAVATHI. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, 3.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DISTRICT. 4 4.THE TAHASILDAR, SABBAVARAM MANDAL, VISAKHAPATNAM. 5. THE SUB REGISTRAR, SABBAVARAM, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. ...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 topleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not mutating the petitioners respective lands in Sy.Nos.22, 24, 25, 26, 27, 28, 29, 30, 15-1, 9-2, 9-3, 9-5, 8-5, 8-6 and 6 of various extents of Dongali Marri Setharama Puram Village, Sabbavaram Mandal, Visakhapatnam as per Revised List vide e.Office 29523/2017 dt.28-08-2017 issued by the District Collector is illegal, arbitrary, capricious and violative of Articles 14, 21 and 300 A of Constitution of India and also contrary to Sec.22 A (e) (2). Consequently direct the Respondents to mutate the petitioners respective lands and also direct 5th Respondent to Register the same as per the Revised prohibitory list in accordance with law and to pass lA NO: 1 OF 2021 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 Respondents to mutate the petitioners lands in Sy.Nos.22, 24, 25, 26, 27, 28, 29, 30, 15-1, 9-2, 9-3, 9-5, 8-5, 8-6 and 6 of various extents of Dongali Marri Setharama Puram Village, Sabbavaram Mandal, Visakhapatnam as per Revised List vide e.Office 29523/2017 dt.28-08- 2017 issued by the 2nd Respondent and also direct 5th Respondent to Register the same as per the Revised prohibitary list pending disposal of the above writ petition and to pass Counsel for the Petitloner(S): 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE 5 The Court made the following order: The petitioners claim that they are the absolute owners and possessors of their respective extents of lands in Sy.Nos.22, 24, 25, 26, 27, 28, 29, 30 15-1, 9-2, 9-3, 9-5, 8-5, 8-6 of Dongalamarri Setharama Puram Village, Sabbavaram Mandal, Visakhapatnam District. It is further case of the petitioners that, they have purchased their respective lands from their vendors during the year 2006, by virtue of registered sale deeds for valuable consideration and have been in uninterrupted possession and enjoyment of the said lands from the date of purchase. It is further stated that, the petitioners’ vendors’ names were mutated in the revenue records and they were also issued pattadar passbooks. It is further case of the petitioners that. they could not mutate their names in the revenue records, as the survey numbers of the property they purchased were inadvertently included in the prohibited properties list issued under Section 22A of the Registration Act, 1908. It is further case of the petitioners that, their adjacent land owners approached this Court by filing a writ petition vide WP No. 1164 of 2012, seeking to mutate their names in the revenue records and also to permit them to alienate their lands. The said writ petition was disposed of by order dated 03.09.2012, directing the 2"^ respondent, District Collector therein, to pass appropriate orders on the letter dated 24.12.2007 addressed by the Sub- Registrar, Sabbavaram, Visakhapatnam District, within a period of six (06) weeks from the date of the order, after verifying the relevant records. It is further stated that, pursuant to the said order, mutation was effected in favor 6 of the petitioners therein and subsequently they have alienated their respective lands in favor of the third parties. It is further case of the petitioners that, in view of the orders passed by this Court, the 2"*^ respondent herein addressed a letter dated 28.08.2017 to 2. the Commissioner & Inspector General of Stamps & Registration, to issue necessary instructions to the Sub-Registrar concerned and to communicate the revised prohibited properties list under Section 22A of DMS Puram Sabbavaram Mandal, by duly informing that the revised list will supersede the earlier furnished list of DMS Puram Village. In furtherance thereto, the revised list was prepared enumerating the list of prohibited properties under Section 22A of the Registration Act, 1908. 3. It is further case of the petitioners that, since the properties purchased by them do not form part of the prohibited list furnished by the 2^"^ respondent along with letter dated 28.08.2017, they made representations to the respondents seeking to mutate their name in revenue records. Since there is no action from the respondents’ end, the present writ petition is filed. On the other hand, the 4**^ respondent filed counter affidavit stating that. 4. a complaint was filed by one Sri I.Surya Narayana of East Godavari District, alleging that illegal transactions and registrations of government lands are taking place in Dongalamarri Setharama Puram Village. It is further stated that, Lokayukta issued orders directing the Revenue Divisional Officer to examine the said issue and in furtherance thereto, a report dated 09.09.2008, th was submitted to Lokayuktha by the Revenue Divisional Officer. The 4 respondent also filed additional counter affidavit stating that, the Chairman of Bhoodan Yagna Board, Hyderabad, through his letters dated 13.05.2023 and 29.05.2023, informed that the lands claimed by the petitioners belong to Bhoodan Yagna Board. Since there is no clarity with regard to lands gifted by Vedula family to Bhoodan Yagna Board, the subject lands were not included in the prohibited properties list. The counter affidavit further reads that, merely because the lands are not included in the prohibited properties list, the petitioners cannot claim right over the same. Heard Sri K.S. Murthy, learned Senior Counsel appearing for Sri N.A.Ramachandra Murthy, learned counsel for the petitioner and learned Government Pleader for Revenue. Perused the material available on record. The only grievance of the petitioners is that, despite the fact that the subject lands are not included in the prohibited properties list furnished by the concerned under Section 22A of the Registration Act, 1908, and in spite of representations made by the petitioners, seeking to mutate their names in revenue records, the respondents have not taken any action in the matter. The learned Senior Counsel would strenuously contend that, as per letter dated 28.08.2017, addressed by the District Collector, Visakhapatnam District, to the Commissioner & Inspector General of Stamps and Registration, along with the prohibited properties list, the lands claimed by the petitioners do not form part of the same, therefore, there is no impediment for the respondents to consider the representations made by them and to take further action in the 5. 6. 7. 8 matter. On the contrary, the learned Government Pleader for Revenue would submit that, the respondents have received representations/complaint from the Chairman, Bhoodan Yagna Board, Hyderabad on 13.05.2023 and 29.05.2023, stating that there is no clarity with regard to lands donated by Vedula family and upon publishing gazette notification by the Bhoodan Yagna Board, necessary action will be initiated with regard to the petitioners claim. It is not in dispute, that the lands claimed by the petitioner do not form part of the prohibited properties list, furnished by the 2"^ respondent through letter dated 28.08.2017. As long as the lands claimed by the petitioners are not included in the prohibited properties list, it is incumbent on the part of the respondents to take necessary action in the matter. Further, as rightly pointed out by the learned Senior Counsel, similarly situated persons like that of petitioners approached this court by filing a writ petition vide WP No. 1164 of 2012 and the same was disposed of directing the 2"^^ respondent therein to pass appropriate orders. Following the said order, mutation was effected in favor of the petitioners therein and subsequently they have alienated the lands to the third parties. In that view of the matter, there is no impediment for the respondents to consider the case of the petitioners as well. In view of the same, the present writ petition is disposed of directing the respondents to consider the case of the petitioners and pass appropriate orders for mutating their name in the revenue records in respect of the subject lands as the same are not included under prohibited properties list furnished through letter dated 28.08.2017 by the 2"'^ respondent. 8. 9. 9 10. It is needless to mention that after such mutation the petitioner are at liberty to deal with the subject lands including alienation. There shall be order as to costs. no As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, (Revenue), State of Andhra Pradesh, Secretariat Building, Amaravathi. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam District. 4. The Tahasildar, Sabbavaram Mandal, Visakhapatnam. 5. The Sub Registrar, Sabbavaram, Visakhapatnam, Visakhapatnam District. 6. One CC to Sri N. A. Ramachandra Murthy, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Cnr • K HIGH COURT DATED:30/06/2025 ORDER WP NO. 6009 OF 2021 i k JUL 2025 ^ . Current Secuon £ m Co DISPOSING OF THE W.P. WITHOUT COSTS