APHC010189882020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12205/2020 Between: 1. PALLAPATI VENKATA SUBRAHMANYAM, S/O ANJANEYULU, AGED 48 YRS, OCCUPATION AGRICULTURE, R/O D.NO.14/122-8-6-1, EDEPALLI, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPT. SECRETARIAT VELLAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, AT MACHILIPATNAM 3. THE REVENUE DIVISIONAL OFFICER, GUDIVADA DIVISION, KRISHNA DISTRICT. 4. THE TAHSILDAR, KALIDINDI MANDAL, KRISHNA DISTRICT. 5. THE DISTRICT REGISTRAR, MACHILIPATNAM KRISHNA DISTRICT, AT MACHILIPATNAM ...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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the 2nd Respondent in preparation to 22-A lists in file No. REV - ESECOLAS (REP) / 2 6 /2015 - TAH (SUPDT-E)- KCO dt.02.06.2020 addressed to the 5th Respondent wherein the Petitioner's lands admeasuring Ac.1-00 cents in R.S.No.507/1, Ac.O-28cents in R.S.No.529/1, Ac.1- 50cents in R.S.No.529/2, Ac.0-18cents in R.S.No.530/1, Ac.1-20cents in R.S.No.530/2, Ac.0-63cents in R.S.No.546/1, Ac.0-25cents in R.S.No.546/3 and Ac.1-24cents in R.S.No.547/4 totally admeasuring Ac.6-28 cents of Chilakalapudi Village, Machilipatnam Mandal, Krishna District are included in the 22-A list without considering the Petitioners representation dt.12.03.2018 as illegal, arbitrary, colourable exercise of power, violation of principles of natural justice, violation of Articles 14 and 300-A and consequently seeking a direction to the Respondents to remove the Petitioners lands admeasuring Ac.1-00 cents in R.S.No.507/1, Ac.O-28cents in R.S.No.529/I, Ac.1- 50cents in R.S.No.529/2, Ac.0-18cents in R.S.No.530/1, Ac.1-20cents in R.S.No.530/2, Ac.O-63cents in R.S.No.546/1, Ac.0-25cents in R.S.No.546/3 and Ac.1-24cents in R.S.No.547/4 totally admeasuring Ac.6-28 cents of Chilakalapudi Village, Machilipatnam Mandal, Krishna District from the 22-A register being maintained by the 5th Respondent and pass IA NO: 1 OF 2020 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 be pleased to direct the Respondents not to interfere with the Petitioner's lands admeasuring Ac.1-00 cents in R.S.No.507/1, Ac.0-28cents in R.S.No.529/1, Ac.1-50cents in R.S.No.529/2, Ac.0-18cents in R.S.No.530/1, Ac.1-20cents in R.S.No.530/2, Ac.0-63cents in R.S.No.546/1, Ac.0-25cents in R.S.No.546/3 and Ac.1-24cents in R.S.No.547/4 totally admeasuring Ac.6-28 cents of Chilakalapudi Village, Machilipatnam Mandal, Krishna District without following the due process of law, without following principles of natural justice and pass IA NO: 2 OF 2020 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 vacate the interim order granted on 24.07.2020 in WP. No. 12205/2020 and dismiss the writ petition and to pass. Counsel for the Petitioner: 1. MALLAVOLU NIKITHA Counsel for the Respondent(S): 3 1. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following Order: Heard Ms. Mallavolu Nikitha, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 2. The instant Writ Petition is filed challenging the action of the respondents in issuing impugned Notification, dated 02.06.2020 forwarding the list of properties to the Registrar of Stamps And Assurances, to keep the properties under the list of prohibited category under Section 22-A(1)(a) of the Registration Act, 1908. 3. The petitioner’s claim is that he is the absolute owner of the subject lands of total extent in Ac.6.28 cents situated in R.S.Nos.507/1, 529/1, 529/2, 530/1, 530/2, 546/1, 564/3 & 547/4 of Chilakalapudi Village, Machilipatnam Mandal, Krishna District. It is contended that the petitioner has made a representation, dated 12.03.2018, to the District Collector seeking deletion of the subject property from the category of the prohibited list. However, no orders on the said representation were passed by the respondents. Again a revised list of properties which are prohibited from registration under Section 22-A(1)(a)of the Registration Act, 1908 was communicated to the District Collector, Krishna District vide the impugned proceedings, dated 02.06.2020. The petitioner contends that the subject lands are forming part of 1st notification issued in April, 2016. In response to the same, the petitioner has already made a representation in 2018 seeking 4 deletion of the subject properties. However without passing any orders, the District Collector has issued the impugned proceedings. Thus filed the instant Writ Petition seeking a direction to the respondents to pass appropriate orders on the representation which has been pending before the authority as on the date of the issuance of the impugned notification itself. 4. The learned Assistant Government Pleader for Revenue has placed before the Court a copy of instructions received by him from the Tahsildar-respondent No.4. A perusal of the same would reflect that while stating petitioner has not submitted the application for deletion of subject land under provisions of Section 22-A(1)(a) category, if any such application is filed along with supporting documents appropriate orders would be passed in accordance with law. 5. Considered the rival submissions. From perusal of the material papers it appears that the petitioner has addressed a letter to the District Collector seeking deletion of the properties from the prohibited list prepared under Section 22-A(1)(c) of the Registration Act, 1908. However no orders on the said application have been passed by the respondents. Having regard to the same, this Court in the interests of justice deems it appropriate to direct the District Collector, Krishna District to pass appropriate orders on the application of the petitioner, dated 12.03.2018, within a period of three (03) months from the date of receipt of the order. 5 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 06.03.2026 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12205/2020 Dated: 06.03.2026 MSI