APHC010830132018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 39983/2018 Between: 1. PENUMASTA SATISH KUMAR, S/O.SIVAJI RAJU, AGED ABOUT 42 YEARS R/O.D.NO.1-205, NEAR SRI VENKATESWARA SWAMY TEMPLE, VALAMARRU VILLAGE, PALAKOLE MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU, A.P. 3. THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, NARSAPUR DIVISION, NARSAPUR, WEST GODAVARI DISTRICT, A.P. 4. THE TAHSILDAR, PALAKOLE MANDAL, WEST GODAVARI DISTRICT, A.P. ...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 2 JS,J W.P.No.39983 of 2018 be pleased to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the 4th respondent in interfering, without initiating any proceedings known to law, with the petitioners peaceful possession and enjoyment of his agricultural land, an extent of Ac.1.89 cts of agricultural land in Sy.No.314/3 of Kapavaram village, Palakole Mandal, West Godavari District and in making efforts to dispossess the petitioner there from, as illegal, arbitrary, without jurisdiction, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 4th respondent to refrain from doing so, and pass 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 3rd respondent not to interfere in any manner with the petitioners peaceful possession and enjoyment of his agricultural land, an extent of Ac.1.89 cts of agricultural land in Sy.No.314/3 of Kapavaram village, Palakole Mandal, West Godavari District, pending disposal of writ petition and pass IA NO: 1 OF 2019 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 orders dated: 06.11.2018 passed in IA No.1/2018 in WP No.39983/2018 and dismiss the writ petition Counsel for the Petitioner: 1. P ROY REDDY Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) This Court made the following: 3 JS,J W.P.No.39983 of 2018 ORDER: Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Revenue appearing on behalf of the respondents. 2. The writ petition is filed seeking deletion of land from the prohibited properties list under Section 22-A of the Registration Act, 1908 and protection of peaceful possession. 3. The petitioner’s paternal grand-father was issued patta No.G5/498/4D/71 dated 07.10.1961. The said land totaling Ac.1.89 cents in Sy.No.314/3 of Kapavaram Village, Palakole Mandal, West Godavari District, was subsequently settled in favour of the petitioner vide a registered Family Settlement vide registered document No.45/2014 dated 01.01.2014. Following this, the petitioner’s name was mutated in the records of rights and pattadar passbook and title deed were issued. 4. The subject land of the petitioner was erroneously included in the list of prohibited properties under Section 22-A of the Registration Act, 1908. As a result, the 4th respondent has been interfering with the petitioner’s peaceful possession and enjoyment of the property. 5. In the counter affidavit, it was admitted that the land was erroneously noted in the list of prohibited properties. Consequently, a letter was addressed to the Commissioner and Inspector General of Registration seeking deletion/omission of the petitioner’s land from the list of prohibited properties vide Roc.No.893/2017(B) dated 22.11.2017. The respondents are waiting for final orders. Furthermore, the 4th respondent stated that they are not interfering with the petitioner’s land. 6. Therefore, the prayer is limited to non-interference with the peaceful possession of the property. 4 JS,J W.P.No.39983 of 2018 7. The Writ Petition is disposed of by recording the statement of the 4th respondent. Regarding the deletion of land from 22-A list, liberty is granted to the petitioner to approach the appropriate forum/authorities. No order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM 17th February, 2026 cbs 5 JS,J W.P.No.39983 of 2018 THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.39983 of 2018 17th February, 2026 cbs