Extracted from the PDF above. The PDF is authoritative.
APHC010721022025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 759/2026 Between:
1. R RAMA CHANDRA, S/O. R. GURRAPPA, AGED ABOUT 62 YEARS, OCC EX-SERVICEMAN, R/O. VENKATAPPA KOTA VILLAGE, MADANAPALLI MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 517325
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,
VELAGAPUDI, GUNTUR DISTRICT.522238
2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT.516269
3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLI, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT. 517325
4. THE TAHSILDAR, MADANAPALLI MANDAL, CHITTOOR DISTRICT, NOW ANNAMAYYA DISTRICT.517325
...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 topleased to issue writ, order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not deleting the petitioners land in Sy.No.89, to an extent of Ac.2.30 cents, situated at Venkatappa Kota Village, Madanapalle Mandal,
Chittoor District, Now Annamayya District from the list of prohibited properties U/s. 22-A(1)(b) of Registration Act, 1908 as illegal, arbitrary, unconstitutional under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent to delete the petitioners land in Sy.No.89, to an extent of Ac. 2.30 cents, situated at Venkatappa Kota Village, Madanapalle Mandal, Chittoor District, Now Annamayya District from prohibited properties list U/s. 22-A(1 )(b) of Registration Act, 1908 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 pleased to direct the 2nd respondent to consider the application dt.30.10.2025 of the petitoner for deletion of land in Sy.No.89, to an extent of Ac. 2.30 cents, situated at Venkatappa Kota Village, Madanapalle Mandal, Chittoor District, Now Annamayya District from prohibited properties list U/s. 22-A(1 )(b) of Registration Act, 1908, pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
The Court made the following ORDER:
1.
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: <to issue writ order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not deleting the petitioners land in Sy No 89 to an extent of Ac 2 30 cents situated at Venkatappa Kota Village Madanapalle Mandal Chittoor District Now Annamayya District from the list of prohibited properties U/s 22A1b of Registration Act 1908 as illegal arbitrary unconstitutional under Articles 14 19 21 and 300A of the Constitution of India and consequently direct the 2nd respondent to delete the petitioners land in Sy No 89 to an extent of Ac 2 30 cents situated at Venkatappa Kota Village Madanapalle Mandal Chittoor District Now Annamayya District from prohibited properties list U/s 22A1 b of Registration Act 1908 and to pass….=
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the action of respondent No.2, in including the petitioner’s property admeasuring Ac.2.30 cents in Sy.No.89 situated at Venkatappa Kota Village, Madanapalle Mandal, Annamayya District (erstwhile Chittoor District), in G.O.Ms.No.73, Revenue (Lands-V) Department, dated 20.02.2023, is illegal, arbitrary, and without jurisdiction. 4. The controversy involved in the writ petition is that, pursuant to the order passed by this Court in W.P.No.16458 of 2021, instead of
considering the case of the petitioner by affording an opportunity of hearing and determining whether the properties are private or Government lands, the 5th respondent, without undertaking such exercise, furnished a list as requested by the 1st respondent. Based on the said list, the 1st respondent issued G.O.Ms.No.73 dated 20.02.2023, notifying the properties under Section 22-A(1)(e) of the Registration Act, 1908, wherein the petitioner’s properties were also included. 5.
In fact, on an earlier occasion, this Court had adjudicated the matter on merits by examining the powers of the Joint Collector, including the initiation of proceedings and the exercise of revisional powers under Section 9, and ultimately allowed the writ petition by setting aside the proceedings of the Joint Collector, directing that an opportunity of hearing be afforded to the petitioner and that appropriate orders be passed. However, despite the said directions, no action has been initiated nor any orders passed. Without complying with the said directions, the respondents ought not to have included the petitioner’s subject properties in the list appended to G.O.Ms.No.73 dated 20.02.2023. 6. Considering the submissions made by the learned Senior Counsel for the petitioner, it is evident that the District Collector ought not to have forwarded a report including the petitioner’s properties without first determining the rights of the petitioner, as directed by this Court in W.P.No.16458 of 2021. However, the fact remains that the properties have
now been included in the list under Section 22-A(1)(a), (b), (c), and (d) of the Registration Act, 1908. In view of the said circumstances, this Court is not inclined to go into the merits of the case, particularly as the issue already stands settled by this Court in the aforesaid order in favour of the petitioner. 7. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to approach the 2nd respondent by filing an appropriate online application for deletion of the subject properties, as observed by this Court in W.P.No.16458 of 2021, within a period of two (02) weeks from the date of receipt of a copy of this order. Upon filing such application, the 2nd respondent shall consider the same after obtaining remarks from the concerned authorities and after affording an opportunity of hearing to the petitioner, and pass appropriate orders within a period of three (03) months thereafter. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 08.01.2026 RMD
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION No.759 of 2026
08.01.2026 RMD