APHC010560412022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34154/2022 Between: 1. SYED ABDUL RAWOOF, S/O. SYED ABDUL GAFFFOR SAHED, AGED ABOUT 70 YEARS, OCC ADVOCATE, R/O.D.NO.1-1190, OPPOSITE POWER HOUSE, KADIRI, ANANTAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI, SRI SATYA SAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, , KADIRI, SRI SATYA SAI DISTRICT. 4. THE TAHSILDAR, KADIRI 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 to issue writ of mandamus or any other writ or direction or order declaring the action of the respondent No.2 in not deleting the lands in 1 Sy.No.229-A2 having Ex.Ac.0-78 Cents, 2 Sy.No.229-A4 having Ex.Ac.1-97 Cents, 3 Sy.No.231-1 having Ex.Ac.1-09 Cents, 4 Sy.No.231-2 having Ex.Ac.0- 10 Cents, 5 Sy.No.230-A having Ex.Ac.0-13 Cents, 6 Sy.No.233- A2A1 having Ex.Ac.0-44 Cents, 7 Sy.No.229-A1B having Ex.Ac.1-02 Cents, 8 2 Sy.No.229-A2B having Ex.Ac.0-39 Cents and 9 Sy.No.229-A4B having Ex.Ac.0-75 Cents situated at Sydapuram village, Kadiri mandal, Sri Satya Sai District, from prohibitory list prepared under Sec 22(A) of Registration Act, 1908 Registration (Andhra Pradesh Amendment) Act, 1999 without considering the report submitted by Respondent No.4 in from of Proceedings vide Rc.No.46/2019/date 04-11-2019 as illegal and arbitrary and consequently direct the respondents to forthwith delete the petitioners land in 1 Sy.No.229- A2 having Ex.Ac.0-78 Cents, 2 Sy.No.229-A4 having Ex.Ac.1-97 Cents, 3 Sy.No.231-1 having Ex.Ac.1-09 Cents, 4 Sy.No.231-2 having Ex.Ac.0-10 Cents, 5 Sy.No.230-A having Ex.Ac.0-13 Cents, 6 Sy.No.233-A2A1 having Ex.Ac.0-44 Cents, 7 Sy.No.229-A1B having Ex.Ac.1-02 Cents, 8 Sy.No.229- A2B having Ex.Ac.0-39 Cents and 9 Sy.No.229-A4B having Ex.Ac.0-75 Cents situated at Sydapuram village, Kadiri mandal, Sri Satya Sai District, from prohibitory list prepared under Sec 22(A) of Registration (Andhra Pradesh Amendment) Act, 1999 and to pass IA NO: 1 OF 2022 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 2ndrespondent to take action regarding the report submitted by Respondent No.4 in from of Proceedings vide Rc.No.46/2019/date:04-11- 2019, pending disposal of this writ petition pending disposal of the above writ petition and to pass IA NO: 1 OF 2026 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 grant leave to the petitioner herein/ Respondent No.4 in the Writ Petition No. 34154 of 2022 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34154/2022 The Court made the following Order: Heard Sri Kristam Sakthi Niranjan Guptha, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 2. The grievance of the petitioner is that the respondents failed to pass orders on the application filed by the petitioner requesting the deletion of the subject lands admeasuring to an extent of Ac.0.78 cents in Sy.No.229-A2, Ac.1.97 cents in Sy.No.229-A4, Ac.1.09 cents in Sy.No.231-1, Ac.0.10 cents in Sy.No.231-2, Ac.0.13 cents in Sy.No.230-A, Ac.0.44 cents in Sy.No.233- A2A1, Ac.1.02 cents in Sy.No.229-A1B, Ac.0.39 cents in Sy.No.229-A2B and Ac.0.75 cents in Sy.No.229-A4B situated at Sydapuram Village, Kadiri Mandal, Sri Satya Sai District, from the list of prohibited properties from registration, issued under Section 22A(1)(a) & (b) of the Registration Act, 1908. 3. It is contended that pursuant to the application of the petitioner, a report was called for from the Tahsildar. The Tahsildar submitted his report recommending the deletion of the subject property from the category of prohibited properties issued under Section 22(A)(1)(a) & (b) of the Registration Act, 1908, vide report dated 04.11.2019. Despite the report submitted, the District Collector did not pass any order. Hence, the instant Writ Petition is filed. . 4 4. The respondent No.4 – Tahsildar has filed counter affidavit. It is stated that following the report of the Tahsildar, the District Collector issued proceedings, dated 18.10.2023 to the Revenue Divisional Officer, as follows: 1. Original DA file not enclosed. 2. Original RH, & EC not enclosed. 3. Genealogy of Assignee not enclosed. 4. Statement of the Applicant, Adjacent farmer and Village elders not enclosed. 5. No attestations done in the enclosures attached to the file. 6. No mutation done in the above survey numbers i.e., above survey numbers in webland adangal are showing, vaagu, forest, railway bhoomi. 5. It is further stated that, as the documents have not been submitted, no further action has been taken so far. It has been further stated in the counter affidavit of the Tahsildar that at present nearly 200 residential houses have been constructed, and they have been in possession of the subject land, and the petitioner has no right, title or possession over the subject lands upon which the residential houses have been constructed. It is further submitted that large-scale unauthorised sale transactions have taken place in square yards, and houses have been constructed without converting the land from agricultural into non-agricultural land. After selling the subject lands, the petitioner had applied for deletion. It is further contended that pursuant to the proceedings of the Collector, dated 18.10.2023, the petitioner was informed to rectify the deficiencies. Thus, the Tahsildar has stated in the counter-affidavit that the petitioner has sold the subject properties, residential 5 houses have come up on the subject lands. Having regard to the same, the petitioner is not entitled to any relief. 6. Be that as it may, considering that the petitioner's application seeking deletion from the list issued under Section 22A(1)(a) & (b) Registration Act, 1908 was filed as far back as 2019, no final orders have been passed, even after calling for reports and their submission to the District Collector. In view of the same, this Court is of the view that respondent No.2 is obliged to pass an appropriate order, in accordance with law, on the petitioner's application. 7. Having regard to the same, this Court deems it appropriate to dispose of the Writ Petition directing the respondent No.2 – District Collector to pass appropriate orders on the application filed by the petitioner, after giving due opportunity of hearing to the petitioner, within a period of three (03) months from the date of receipt of this order. 8. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 10.02.2026 Note: Furnish CC by one week B/o. MSI 6 50 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 34154/2022 Dated: 10.02.2026 Note: Furnish CC by one week B/o. MSI