Thoota Sarada Mallika v. The State of Andhra Pradesh
WP/10855/2018 · 2026-10-06
V Sujatha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13261 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13261 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010247412018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 7th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10855/2018 Between:
1. THOOTA SARADA MALLIKA, OCC-BUSINESS, R/O. FLAT NO. 203, SAI RAGHAVA TOWERS, MADINAGUDA, HYDERABAD. 2. PUTCHALA GEETHA DEVI, W/O.P.BASAVESWARA KUMAR, AGED ABOUT 48 YEARS, OCC- BUSINESS, R/O.SREEDEVI VINAYAGAR VILLA APPARTMENT, KIRLAMPUDI LAY OUT, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THOOTA.VIJAYA KUMAR, S/O. JAGAN MOHAN RAO, AGED ABOUT 42 YEARS, OCC- BUSINESS, R/O. FLAT NO. 203, SAI RAGHAVA TOWERS, MADINAGUDA, HYDERABAD. 4. MAVURI MEGHANATH SRILEK, S/O.M.RAVI KUMAR, AGED ABOUT 20 YEARS, OCC- BUSINESS, R/O.60-5-17/1, PT COLONY, EAST GODAVARI DISTRICT
5. DEVANDLA SUNIL KUMAR, S/O. D.PRASADA RAO, AGED ABOUT 37 YEARS, OCC- BUSINESS, R/O. FLAT NO.104, PLOT NO.24,S.R.ARCADE, ESHWARAPURI COLONY, SAINIKPURI, HYDERABAD-500094. 6. DEVANDLA RAJA RAO, S/O LATE D.YESAIAH, AGED ABOUT 68 YEARS, OCC- BUSINESS, R/O.26-42-269, BAJARANGA NAGAR, A.T AGRAHARAM, GUNTUR, GUNTUR DISTRICT. 7. DEVANDLA KARUNA MADHU, S/O. D. RAJA RAO, AGED ABOUT 38 YEARS, OCC- BUSINESS R/O. JMR SPRING AVENUE, PLOT NO.206, STREET NO.2, MJ COLONY, MOULAALI, HYDERABAD. 8. DEVANDLA SURESH BABU, S/O. D.PRASADA RAO, AGED ABOUT
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39 YEARS, OCC- BUSINESS, R/O. D.NO. 42-170/A, 4TH LINE, A.T.AGRAHARAM, GUNTUR, GUNTUR DISTRICT. 9. DEVANDLA RAKESH, S/O. D.BHASKAR RAO, AGED ABOUT 29 YEARS, OCC- BUSINESS, R/O. D.NO.7-3-14, SRIRAMAPURAM, GUNTUR, GUNTUR DISTRICT. 10. DEVANDLA MADHAVI, W/O. D.KARUNA MADHU, AGED ABOUT 40 YEARS, OCC- BUSINESS, R/O. DIVYA SAI RESIDENCY, SRIRAM NAGAR, A.S RAO NAGAR, HYDERABAD. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE (STAMPS AND REGISTRATION), DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT REGISTRAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE JOINT SUBREGISTRAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE TAHSIDAR, VISAKHAPATNAM RURAL MANDAL, 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 toto issue writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not releasing the sale deeds, dated 03.03.2018 bearing pending documents, P.No 268/2018, P.No 271/2018, P.No 272/2018, P.No 275/2018, P.No 276/2018, P.No 277/2018, P.No 278/2018, P.No 279/2018, presented for registration on 05/06.03.2018 relating to the part and parcel of land, admeasuring Ac.3-22 cents in Old survey No.87, R.S.No.223/2 of Madhurawada, Visakhapatnam, as wholly arbitrary, illegal unjust void, contrary to law and consequently the respondents be directed to release the sale deeds executed and presented in favour of the petitioners according to the provision of Indian Stamp Act and Registration Act and pass
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IA NO: 1 OF 2018 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 3"1 respondent to release the sale deeds, dated 03.03.2018 bearing pending documents P.No 268/2018, P.No 271/2018, P.No 272/2018,P.No 275/2018,P.No 276/2018, P.No 277/2018, P.No 278/2018, P.No 279/2018, presented for registration on 05/06.03.2018 relating to the part and parcel of land, admeasuring Ac.3-22 cents in Old survey No.87, R.S.No.223/2 of Madhurawada, Visakhapatnam, pending disposal of the writ petition and to pass Counsel for the Petitioner(S):
1. CH VENKATA CHALLA RAO Counsel for the Respondent(S):
1. GP FOR REVENUE (AP) The Court made the following
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ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking a direction to the 3rd respondent to release the sale deeds dated 03.03.2018, bearing pending document Nos. P-268/2018, P-271/2018, P-72/2018, P-275/2018, P-276/2018, P-277/2018, P-278/2018 and P-279/2018, presented for registration on 05/06.03.2018, in respect of the plots purchased by the petitioners in R.S.No.223/2 of Madhurawada Village, Visakhapatnam District. 2.
The brief facts of the case are as follows:
a) The petitioners stated that the subject land, admeasuring Ac.3.22 cents in Old Sy.No.87, correlated to R.S.No.223/2 of Madhurawada Village, originally belonged to Karamchetti Subbaraidu, who sold the land to Pilla Pothanna under registered document No.193/1876. Subsequently, the land was transferred to Pilla Atchanna under registered document No.216 dated 25.03.1911 and later sold to Baipalli Ram Murthy under registered document No.1161/1920 dated 04.10.1920. It is stated that the family of Baipalli Venkata Thataji and their predecessors-in-title have been in continuous possession and enjoyment of the land since 1920. b) It is further stated that, on an application made by their predecessor- in-title, the Settlement Officer, Visakhapatnam, granted ryotwari patta in favour of Baipalli Tata Rao, vide proceedings dated 01.08.1986 in S.R.No.11(a)/2/86- VSP. The said order was subjected to suo motu revision by the Director of Survey and Settlements, who dropped the revision on 15.06.1995. A further
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revision filed by the Mandal Revenue Officer was dismissed by the Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, on 11.06.2003. The petitioners contended that the orders granting and confirming the ryotwari patta have attained finality and that the subject land is private patta land and not Government land. c) The petitioners further stated that, in earlier cases relating to the same land, this Court, vide orders dated 07.12.2010 in W.P.No.30561 of 2010 and 15.09.2011 in W.P.No.14109 of 2011, granted relief with the regard to the registration and release of sale deeds relating to the same survey number. d) The petitioners contended that they purchased different plots in R.S.No.223/2 of Madhurawada Village from Baipalle Padmavathi and other persons claiming to be the lawful owners and their successors-in-title, under sale deeds dated 03.03.2018. The plots purchased by the petitioners measure between 225 square yards and 268.7 square yards, as stated in the affidavit.
The sale deeds were presented before the registering authority on 05/06.03.2018, and the requisite stamp duty and registration charges were paid. e) However, it is the case of the petitioners that, despite presenting the sale deeds for registration and paying the requisite stamp duty and registration charges, the 3rd respondent has kept the documents pending without releasing them since March 2018. Hence, the petitioners have approached this Court seeking a direction to the 3rd respondent to register and release the sale deeds. 6 VS,J W.P.No.10855 of 2018
3. Learned Assistant Government Pleader for Revenue has furnished a copy of the endorsement dated 16.04.2018 issued by the 3rd respondent, pending the writ petition, informing the petitioners that the subject land is included in the list of prohibitory properties under Section 22-A(1)(a) of the Registration Act, 1908 and is classified as Assessed Waste Dry (AWD). 4. Head learned counsel for the petitioners and the learned counsel appearing for the respondents. Perused the entire material available on record. 5. During the course of arguments, learned Assistant Government Pleader stated that the 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. 7 VS,J W.P.No.10855 of 2018
6.
On perusal of the contents of the writ petition, it appears that the petitioners have not made any application as required under G.O.Ms.No.300, dated 05.07.2016, seeking deletion of the subject property from the list of prohibited properties under Section 22 A of the Registration Act. 7. In view of the above, without going into the merits of the case, this writ petition is disposed of directing the petitioners to submit an application, before the Grievance Redressal Committee, as contemplated under G.O.Ms.No.300, dated 05.07.2016, 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 their claim, along with a copy of the order passed in W.P.No.31953 of 2018. Upon receipt of such application, the 3rd respondent shall consider the same on part with the case of the petitioner in W.P.No.31953 of 2018 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. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 07.10.2026 KGR