Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 10863 (AP)

M R NAYUDU v. THE STATE OF AP

WP/1689/2019 · 2026-09-15

V Sujatha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010036022019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1689/2019 Between: 1. M R NAYUDU, S/O MOTUPALLY NARAPPA NAYUCLU, AGE. 57 YEARS, RIO H.NO.2-85RU, SRINIVASAPURAM GRAMPANCHAYAT, TIRUCHANURU POST, TIRUPATHI RURAL MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE (ENDOWMENTS) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, SRI BALAJI REGISTRATION DISTRICT, TIRUPATI, CHITTOOR DISTRICT 3. THE SUBREGISTRAR, RENIGUNTA, CHITTOOR DISTRICT 4. THE COMMISSIONER OF ENDOWMENTS, GOVT. OF A.P., ONE CENTER, OPP. S GRAND RESTAURANT, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH - 521225 5. SRI SWAMY HATHIRAMJEE MUTT, TIRUPATI, CHITTOOR DISTRICT REPRESENTED BY ITS MAHANTH 6. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT TIRUPATHI. CHITTOOR DISTRICT AT TIRUPATHI. CHITTOOR DISTRICT AT 2 VS,J W.P.No.1689 of 2019 TIRUPATHI. CHITTOOR DISTRICT AT TIRUPATHI. CHITTOOR DISTRICT AT TIRUPATHI. CHITTOOR DISTRICT AT TIRUPATHI ...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 to to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents Nos.1 and 4 issuing the proceedings No.Rc.No.M1/9580/2016, dated 05.07.2016 over the properties of the petitioner in respect of the land in the Plot No.369/P, 370/P, in Sy.No.242, situated at Srinivasapuram Residential Area, New Padmavathipuram Grampanchayat, Tiruchanuru, Tirupathi Rural Mandal, Renigunta, Sri Balaji registration District, Tirupathi, Chittoor District as prohibited property for registration under section 22-A of Registration Act, 1908, as illegal, arbitrary, unreasonable, abuse of their power, without issuance of notice to the petitioner and contrary to the provisions of the Registration Act, and also against to the principles of natural justice and rights guaranteed by the Constitution of India and issue a consequently declare that the properties of the petitioners are alienable and further directing the Respondents Nos.2 and 3 to receive, register and release the document presented by the petitioner and pass such further order or other orders as this Honble High Court deems fit and proper in the circumstances of the case IA NO: 1 OF 2019 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 Nos.2 and 3 to receive and register the documents in respect of the Plot No.369/P, 370/P, in Sy.No.242, situated at Srinivasapuram Residential Area, New Padmavathipuram Grampanchayat, Tiruchanuru, Tirupathi Rural Mandal, Renigunta, Sri Balaji registration District, Tirupathi, Chittoor District, pending disposal of the writ petition and pass such further order or other orders as this Honble Court may deems fit and proper in the circumstances of the case. pending disposal of the above writ petition IA 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 3 VS,J W.P.No.1689 of 2019 may be pleased to grant leave to the Petitioner herein/ Respondent No.3 in the Writ Petition No. 1689 of 2019 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. CH VENKAT RAMAN Counsel for the Respondent(S): 1. SRINIVAS BOBBILI 2. GP FOR REGISTRATION AND STAMPS (AP) 3. GP FOR ENDOWMENTS (AP) The Court made the following: 4 VS,J W.P.No.1689 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents Nos.1 and 4 issuing the proceedings No.Rc.No.M1/9580/2016, dated 05.07.2016 over the properties of the petitioner in respect of the land in the Plot No.369/P, 370/P, in Sy.No.242, situated at Srinivasapuram Residential Area, New Padmavathipuram Grampanchayat, Tiruchanuru, Tirupathi Rural Mandal, Renigunta, Sri Balaji registration District, Tirupathi, Chittoor District as prohibited property for registration under section 22-A of Registration Act, 1908, as illegal, arbitrary, unreasonable, abuse of their power, without issuance of notice to the petitioner and contrary to the provisions of the Registration Act, and also against to the principles of natural justice and rights guaranteed by the Constitution of India and issue a consequently declare that the properties of the petitioners are alienable and further directing the Respondents Nos.2 and 3 to receive, register and release the document presented by the petitioner and pass such further order or other orders as this Honble High Court deems fit and proper in the circumstances of the case…” 2. The petitioner claims to be the absolute owner and possessor of the land bearing plot Nos.369/P, 370/P situated in Sy.No.242 of Srinivasapuram residential area, new Padmavathipuram gram panchayat, Tiruchanuru, Chittoor district, having purchased the same in the year 5 VS,J W.P.No.1689 of 2019 2009. Ever since, the petitioner has been in continuous possession of the same, without there being any intervention. 3. While the matter stood thus, the 4th respondent, vide proceedings dated 05.07.2016, directed respondent Nos.2 and 3 not to entertain any registration of the subject land situated in Sy.No.242 of Srinivasapuram residential area, new Padmavathipuram gram panchayat, Tiruchanuru, Chittoor district on the ground that the same is mentioned in the list of prohibited properties under Section 22-A of the Registration Act, 1908. Aggrieved by the same, the present writ petition is filed. 4. The 3rd respondent filed a detailed counter affidavit stating that in view of the law laid down by the full bench judgment of this Court in W.A.No.343 of 2015 and batch, dated 23.12.2015, if the petitioner has any grievance, he has to approach the Commissioner, Endowments for deletion of the subject property from the list of prohibited properties under Section 22-A of the Registration Act, 1908. Hence, requested to dismiss the writ petition. 5. Heard Sri. B. Manjeet, learned counsel representing Sri. Ch. Venkat Raman, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration. 6. Perused the entire material available on record. During the course of arguments, learned Assistant Government Pleader stated that the 6 VS,J W.P.No.1689 of 2019 Government constituted a Committee to consider the grievances of persons affected by the Notifications under Section 22-A of the Registration Act, 1908 regarding registration of prohibited properties, as per the orders dated 23.12.2015 passed in W.A.Nos.232 of 2012, 352 of 2013 and 343 of 2015, keeping in view of the G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016. It is further stated that the Government of Andhra Pradesh has also issued G.O.Ms.No.444 Revenue (Registration-I) Department, dated 22.07.2026 by way of which, the Government superseded a few circulars, instructions, clarifications and guidelines issued by the Inspector General of Registration and Stamps previously, relating to the maintenance, updation and operation of the list of prohibited properties under Section 22-A of the Registration Act, 1908. In the said G.O., the Government issued 16 instructions and the 4th instruction deals with „Category Wise Instructions for Prohibited Lands‟ and 4.3.A deals with Section 22-A(1)(c) – Endowment Lands wherein, the procedure adopted for removal of all duplicate entries in the list of prohibited properties falling under the category of „Endowment Lands‟ has been mentioned. 7. On perusal of the contents of the writ petition, it appears that the petitioner has neither made any application as required under G.O.Ms.No.300, dated 05.07.2016 nor G.O.Ms.No.444, dated 22.07.2026, seeking deletion of 7 VS,J W.P.No.1689 of 2019 the subject property from the list of prohibited properties under Section 22 A of the Registration Act. 8. In view of the above, without going into the merits of the case, this writ petition is disposed of directing the petitioner to submit an application as required under G.O.Ms.No.300, dated 05.07.2016, before the Grievance Redressal Committee seeking deletion of the subject property from the list of prohibited properties notified under Section 22-A of the Registration Act, 1908, by enclosing all relevant documents in support of his claim. Upon such application, the respondents shall consider the same and pass appropriate orders, in accordance with law keeping in view the instructions issued by the Government vide G.O.Ms.No.444 Revenue (Registration-I) Department, dated 22.07.2026. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 16.09.2026 Gss