IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH ^ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGA^ WRIT PETITION NO: 5602 OF 2025 Between: Raga Peeraiah. S/o. Subbaiah, aged about 58 years, R/o. Sankavaram village, Kalasapadu Mandal, YSR Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, YSR Kadapa District, Kadapa. 3. The Tahsildar, Sri Avadhutha Kasinayana Mandal, YSR Kadapa District. 4. The Sub-registrar, Badvel, YSR Kadapa 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 more particularly the 2"'^ respondent in not deleting the land admeasuring extent of Ac.5.00cts in Sy.No.141 of Akkemgundia Revenue village, Sri Avadutha Kasinayana Mandal from the prohibited list under 22-A(1)(a) of Registration Act, 1908 as illegal, arbitrary and G.O.Ms.No.279, Revenue (Assigned-I) Department, dated04.07.2016 and also Circular issued by the Chief Commissioner of Land Administration Vide CCLAs Lr.No. Assn. 1(1) /350/2022, dated 04.05.2022 and also violation of Article 300-A of an Constitution of India and consequently direct the 2"^^ respondent to delete the subject land to an extent of Ac.S.OOcts in Sy.no. 141 of Akkemgundia Revenue village, Sri Avadutha Kasinayana Mandal from the prohibited list under 22-A(1 )(a) of Registration Act, 1908. lA NO: 1 OF 2025 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 the 2'"'^ respondent to consider and dispose of the application submitted by the petitioner vide TTA012300113683 dated;09- 10-2023 through Mee Seva for deletion of subject land admeasuring Ac.S.OOcts in Sy.no.141 of Akkemgundia Revenue village, Sri Avadutha Kasinayana Mandal from the prohibitory list under Section 22-A of the Registration Act, 1908 pending disposal of the above writ petition. Counsel for the Petitioner: Mrs. Counsel for the Petitioner: Mrs. G. SREE DEEPTHI Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent No.4 : GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER APHC010104262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY .THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5602/2025 Between: ...PETITIONER Raga Peeraiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SREE DEEPTHIG Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the foljowing: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ of mandamus or any other appropriate writ or direction declaring the action of respondents more particularly the 2"^^ respondent in not deleting the land admeasuring an extent of Ac.5-00 cents in Sy.No.141 of Akkemgundia Revenue Village, Sri Avadutha Kasinayana Mandal from the prohibited list under Section 22-A(1)(a) of Registration Act, 1908 as illegal, arbitrary and contrary to G.O.Ms.No.279 Revenue (Assigned-I) Department dated 04.07.2016 and also circular issued by the Chief Commissioner of Land Administration vide CCLA lr.No.Assn.l(1)/350/2022 dated . 04.05.2022 and also violation of Article 300-A of Constitution of India and consequently direct the 2",^ respondent to delete the subject land to an extent of Ac.5-00 cents in Sy.No.141 of Akkemgundia Revenue Village, Sri Avadutha Kasinayana Mandal from the prohibited list under 22-A(1)(a) of Registration Act, 1908.” It is the case of the petitioner that, petitioner was assigned land of an extent of Ac.5-00 cents in Sy.No.141 of Akkemgundia Revenue Village, Sri Avadutha Kasinayana Mandal, YSR Kadapa District under Ex-servicemen quota and he was granted D-Form Patta vide DKT No.52/1413 dated 10.08.2004. Thereafter, the petitioner has been in peaceful possession and enjoyment of the subject property. After conducting re-survey by the revenue authorities in the year 2022, the extent of land of the petitioner was adjusted to Ac.5-07 cents instead of Further, the petitioner intended to sell the said property for his Ac.5-00. financial and family purposes, but the intending purchasers did not come forward to purchase the property on the premise that the land is included in the list of prohibited properties since the land was allotted to the petitioner under ex-serviceman quota and cannot be alienated. Though the petitioner made representations dated 09.10.2023, 10.10.2024 to delete the subject land from the list of prohibited properties, no action was taken by the respondents. Therefore, the petitioner questioned the inaction of respondents in not deleting the subject land from the list of prohibited properties. Learned Government Pleader appearing Revenue furnished written instructions dated 07.03.2025 issued by Respondent No.4 - Tahsildar, Sri Avadhuta Kasinayana Mandal, YSR Kadpaa District stating that, the grant of assignment made under Ex-servicemen quota to the writ petitioner is suspicious. Several complaints have been filed by the public alleging that many non residents are in the possession and enjoyrTtqnt of Government lands by illegal entries made in webland and by way of encroachment. In this regard, three Special Teas consisting of Tahsildar, Dy. Tahsildar, VRO has been constituted by the Revenue Divisional; Officer on the allegation raised regarding irregular assignment of Government lands and also illegal entries made in webland and stated that the enquiry is in process. He also submits that, at present the subject land is under possession and enjoyment of one Manapati Sreenivasulu and enquiry has to be conducted regarding genuinity of issuance of DKT patta. G.O.Ms.No.279 dated 04.07.2016, one of the No doubt, as per condition is that the lands assigned to the Ex-Serviceman shall not be sold or r otherwise alienated for a period of ten years and the Ex-Serviceman are free to sell away their assigned lands after a period of ten years. However, In respect of cases in which there is a dispute with Government about the genuineness of the assignment or otherwise, a list of such cases shall be prepared by District Collector and furnished to Registration Department by following the procedure under Section 22-A. As G.O.Ms.No.279, dated 04.07.2016, the Government clarified in sixth para per of G.O as follows: (iii) In respect of cases in which there is a dispute with Government about the genuineness of the assignment or othenwise a list of such cases shall be prepared by District Collector and furnished to Registration Department by following the procedure under Section 22-A. The Sub- Registrar shall enter the details of such disputed lands in the online records deleting all other lands in which there is no dispute. instructions furnished by the Tahsidlar, the Tahsildar In the written opined that the grant of assignment made to the petitioner under Ex-Servicemen quota is suspicious and disputed about the genuineness of the assignment. In view of guidelines in G.O.Ms.No.279 dated 04.07.2016, when there is a dispute about the genuineness of the assignment, the property was included in the list of prohibited properties. However, the respondents are directed to complete the contemplated enquiry by the Special Teams, after giving notice and after affording an opportunity of hearing to the petitioner and thereafter pass speaking orders, in accordance with law, within a period of four (04) months from the date of receipt of copy of this order. With the above direction, the writ petition is disposed of. There shall be no costs. Consequently miscellaneous petitions pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT.REGISTRAR //TRUE COPY// FFICER SE To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, YSR Kadapa District, Kadapa. 3. The Tahsildar, Sri Avadhutha Kasinayana Mandal, YSR Kadapa District. 4. The Sub-registrar, Badvel, YSR Kadapa District. 5. One CC to Mrs. G. Sree Deepthi, Advocate [OPUC] 6 Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr HIGH COURT DATED:07/03/2025 ORDER WP.No.5602 of 2025 I 2 I MAR 2025 Current Section DISPOSING OF THE W.P. WITHOUT COSTS