APHC010643432023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 33159/2023 Between: 1. CHEBROLU PADMAVATHI, W/O. CHEBROLU BALA KRISHNA, AGED 47 YEARS, OCC HOUSE HOLD, R/O. LANE, SUJATHA NAGAR, ONGOLE TOWN, PRAKASAM DISTRICT. 2. CHEBROLU BALA KRISHNA,, S/O. CHEBROLU ANJAIAH, AGED 51 YEARS, OCC GOVT. EMPLOYEE, R/O. LANE, SUJATHA NAGAR, ONGOLE TOWN, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, , PRAKASAM, ONGOLE, PRAKASAM DISTRICT. 3. THE TAHSILDAR, SANTHANUTHALAPADU MANDAL, PRAKASAM 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 tomay be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondentNo.3 in not entering the names of the petitioners in web land in respect of the property in extent of Ac. 2.82 cents in Sy. No. 15/1, Ac. 2.04 cents in Sy. No. 15/2, Ac. 3.00 cents in Sy. No. 20, Ac. 2.70 cents in Sy.No. 485, Ac. 2.50 cents in Sy.No.486, Ac. 2.30 cents in Sy.No. 489, Ac. 2.80 cents in Sy.No. 490, Ac. 2.42 cents in Sy. No. 22, Ac. 2.36 cents in Sy.No. 485, Ac. 1.16 cents in Sy.No. 487, Ac. 2.54 cents in Sy.No. 489 and Ac. 5.06 2 cents in Sy. No. 493 situated in Mattepadu Village hamlet of Vemulapadu Village, Sanhanuthalapadu Mandal, Prakasam District is arbitrary, illegal and in violation of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents 2 and 3 to enter the names of the petitioners in the web land in respect of the lands in an extent of Ac. 2.82 cents in Sy. No. 15/1, Ac. 2.04 cents in Sy. No. 15/2, Ac. 3.00 cents in Sy. No. 20, Ac. 2.70 cents in Sy.No. 485, Ac. 2.50 cents in Sy.No.486, Ac. 2.30 cents in Sy.No. 489, Ac. 2.80 cents in Sy.No. 490, Ac. 2.42 cents in Sy. No. 22, Ac. 2.36 cents in Sy.No. 485, Ac. 1.16 cents in Sy.No. 487, Ac. 2.54 cents in Sy.No. 489 and Ac. 5.06 cents in Sy. No. 493 situated in Mattepadu Village hamlet of Vemulapadu Village, Sanhanuthalapadu Mandal, Prakasam District and pass such IA NO: 1 OF 2023 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 may be pleased to direct the respondent No.3 to enter the names of the petitioners in the revenue records in view of the proceedings of the 2nd' respondent in E.No. E5/228413/2019, dated 29-01 -2020, pending disposal of the above writ petition and pass such IA NO: 1 OF 2024 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 pleased to grant leave to the Respondent No. 3 in the WP No. 33159/2023 to file the counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. PRABHU NATH VASIREDDY Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT 2. GP FOR REVENUE 3 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 2. This Writ Petition was filed questioning the action of the 3rdrespondent in not entering the names of the petitioners in the web land in respect of the property in an extent of Ac.2.82 cents in Sy.No.15/1, Ac.2.04 cents in Sy.No.15/2, Ac.3.00 cents in Sy.No.20, Ac.2.70 cents in Sy.No.485, Ac.2.50 cents in Sy.No.486, Ac.2.30 cents in Sy.No.489, Ac.2.80 cents in Sy.No.490, Ac.2.42 cents in Sy.No.22, Ac.2.36 cents in Sy.No.485, Ac.1.16 cents in Sy.No.487, Ac.2.54 cents in Sy.No.489 and Ac.5.06 cents in Sy.No.493 situated in Mattepadu Village hamlet of Vemulapadu Village, Sanhanuthalapadu Mandal, Prakasam District. 3. 3. The learned counsel for the petitioners submits that the subject lands were removed from the list of prohibited properties as per the letter addressed by the 2nd respondent to the District Registrar, Ongole dated 29.01.2020, enclosing the survey numbers, extents, notification numbers, notification dates and other references to the registered letter. As per the contention of the learned counsel for the petitioners, the subject lands do not form part of the said prohibited list enclosed with the said letter of the 2nd respondent dated 29.01.2020, except to an extent of Ac.0.27 cents in Sy.No.15/1. 4. In view of the said situation, the respondent authorities ought to have considered the prayer of the petitioners in respect of the remaining extent of the lands, as the other extents were already deleted from the list of prohibited properties. 4 5. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 3rd respondent submits that the entire extent of Ac.61.15 cents was assigned to different individuals during the Fasli 1325 (01.07.1925 to 30.06.1916) by the then Tahsildar, Ongole Taluk, as seen from the entries made in the RSR. So also, extents in Sy.No.15/1 and 15/2 were also assigned on 04.06.1915. But, no mention was made regarding the assignment of land in Sy.No.20 of M.Vemulapadu Village as on date. The Sy.No.15/1, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494 (old Sy.No.13) situated at M. Vemulapadu Village of Santhanuthalapadu Mandal were initially assigned waste lands as per RSR and were assigned prior to coming into force of the G.O.Ms.No.1142, dated 18.06.1954 i.e., before the condition of non-alienability was incorporated in the D-Form pattas. In respect of Sy.No.20, registered sale transactions took place at Sub-Registrar’s Office, Santhanuthalapadu vide Doc.No.1199/97, dated 19.06.1967. It is evident that the lands in Sy.No.15/1, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494 were assigned prior to the year 1954 and registered sale transactions of different extents in Sy.No.20 took place in the year 1947 and TD and PPBs were issued depicting the land as patta land, while making entries in the revenue records. Connected D.K. files and other relevant records are not available in the Tahsildar’s Office, Santhanuthalapadu to verify whether the assignment was made on conditional basis or not. 6. He further submits that these lands were assigned to the vendors of one Sri Srikantam Raghavaiah, their names ought to have been mentioned against 5 the Sy.No.13 of RSR, but no names were found place against the Sy.No.13 of RSR. Hence, it is not an assigned land, moreover, the petitioners also not claimed that it is an assigned land and they stated that it is a patta land by taking all these circumstances into consideration. The lands in question in new survey number from 485 to 495 of M. Vemulapadu Village are Government lands and rights are only vested with the Government. With regard to the land in Sy.No.22, to an extent of Ac.2.30 cents, the names of Batchu Raghavulu is found place against the said Sy.No.22, as such, it is treated as patta land, the subsequent registrations stated to be carried out are from the rightful owner as such, it is required to be deleted from the list of lands furnished by the Tahsildar to the Sub-Registrar duly treating it as patta land. Subsequent representations were made by the petitioners requesting to delete the lands in an extent of Ac.13.42 cents of the 2nd petitioner and Ac.17.86 cents of the 1st petitioner in respect of survey numbers from 485 to 495, Sy.No.22 and Sy.No.15/1 and 15/2 of M. Vemulapadu Village of Santhanuthalapadu Mandal from the list communicated to the Sub-Registrar, S.N.Padu is rejected on 05.04.2014. Except the land in Sy.No.22 in an extent of Ac.2.30 cents the orders were issued to delete this land in Sy.No.22 from the lands entered in 22-A of Registration Act, 1908 vide proceedings of the 2nd respondent dated 05.04.2014. 7. In view of the above said facts and circumstances, as the counter affidavit of the 3rd respondent was referring to the possession as on 05.04.2014 only and in view of the subsequent developments and in the light 6 of the issuance of the letter addressed by the 2nd respondent to the District Registrar, Ongole dated 29.01.2020, the case of the petitioners ought to have been considered by the respondent Nos.2 and 3 herein. For the said purpose, the petitioners are permitted to make a representation to the respondent Nos.2 and 3, enclosing all the necessary documents in support of their claim within a period of three (03) weeks from the date of receipt of copy of this Order. On receipt of such representation from the petitioners, the respondent Nos.2 and 3 are directed to consider and dispose of the same strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and in the light of the letter of the 2nd respondent addressed to the District Registrar dated 29.01.2020 and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably within a period of three (03) months thereafter. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 04.02.2026 SCH 7 299 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.33159 of 2023 Date: 04.02.2026 SCH