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2026 DAILYLAW 4695 (AP)

M. SIVA v. The State of A.P.

WP/47411/2018 · 2026-06-30

V Sujatha

body2026

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Date of reserved for orders : Date of pronouncement : 01.07.2026 Date of uploading : APHC010986812018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 47411/2018 Between: 1. M. SIVA, S/O.NARSIMHULU, W/O. PENCHALIAH, OCC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT. 2. CHENNA LAKSHUMMA,, W/O.MUNNAIAH, OCC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S. R. DISTRICT. 3. AWARU LAKSHMI DEVI,, W/O. VENKATA SUBBAIAH, OCC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT. 4. AWARU PARVATHAMRNA,, W/O.PRASAD, 0CC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT. 5. CHENNA BHASKAR,, S/O.MUNNAIAH 0CC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT 6. CHENNA VENKATA SUBBAMMA,, W/O.BHASKAR, OCC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT. 7. MAMILLA PARVATHAMMA,, W/O.SIVA, OCC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT. 2 VS,J W.P.No.47411 of 2018 8. CHENNA SUBBAMMA,, W/O.MUNIAH, OCC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT. 9. MAMILLA SUBBALAKSHUMMA,, W/O.NARSIMHULU, OCC AGRICULTURE, R/O. PEDDAPALLI VILLAGE, SIDDAVATAM MANDAL, Y.S.R.DISTRICT ...PETITIONER(S) AND 1. THE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,.AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R.DISTRICT, KADAPA, 3. THE REVENUE DIVISIONAL OFFICER, RAJAMPET REVENUE DIVISION, RAJAMPET, Y.S.R. DISTRICT 4. THE TAHSILDAR, SIDHOUT MANDAL, Y.S.R. DISTRICT 5. THE SUBREGISTRAR, SIDHOUT, Y.S.R. 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 toto issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in including the land in an extant of Ac.1-50 Cents in Sy.No.893/5, Ac.1- 50 Cents in Sy.No.893/8, Ac.1-50 Cents in Sy.No.893/12, Ac.1-50 Cents in Sy.No.900/2, Ac.1-50 Cents in Sy.No.900/3, Ac.1-50 Cents in Sy.No.900/4, Ac.1-50 cents in Sy.No.893/9, Ac.1-50 Cents in Sy.No.893/7, Ac.1-50 Cents in Sy.No.893/6, Ac.1-50 Cents in Sy.No.893/3, Ac.1-50 Cents in Sy.No.893/11 of Peddapalli Village fields, Sidhout Mandal, Y.S.R.District in the list of Assigned/Government lands basing on dots in Resurvey and Re-Settlement Register and the consequential action of the respondent No.5 in refusing to entertain the Sale Deed for registration basing on the list of Assigned/Government lands furnished by the respondent No.4 as arbitrary, illegal, contrary to the provisions of the Registration Act, 1908 and settled principles of legal position and voilative of the fundamental and Constitutional rights guaranteed to petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the list of 3 VS,J W.P.No.47411 of 2018 Assigned/Government lands insofar as the land in an extant of Ac.1- 50 Cents in Sy.No.893/5, Ac.1-50 Cents in Sy.No.893/8, Ac.1-50 Cents in Sy.No.893/12, Ac.1-50 Cents in Sy.No.900/2, Ac.1-50 Cents in Sy.No.900/3, Ac.1-50 Cents in Sy.No.900/4, Ac.1-50 cents in Sy.No.893/9, Ac.1-50 Cents in Sy.No.893/7,- Ac.1-50 Cents in Sy.No.893/6, Ac.1-50 Cents in Sy.No.893/3, Ac.1-50 Cents in Sy.No.893/11 of Peddapalli Village fields, 5idhout Mandel, Y.S.R.District furnished by the respondent No.4 and also direct the respondent No.5 to entertain the Sale Deeds for registration for the same 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 respondent No.5 to entertain the Sale Deeds for registration for the land in an extant of Ac.1-50 Cents in Sy.No.893/5, Ac.1-50 Cents in Sy.No.893/8, Ac.1-50 Cents in Sy.No.893/12, Ac.1-50 Cents in Sy.No.900/2, Ac.1-50 Cents in Sy.No.900/3, Ac.1-50 Cents in Sy.No.900/4, Ac.1-50 cents in Sy.No.893/9, Ac.1-50 Cents in Sy.No.893/7, Ac.1-50 Cents in Sy.No.893/6, Ac.1-50 Cents in Sy.No.893/3, Ac.1-50 Cents in :Ty.No.893/11 of Peddapalli Village fields, Sidhout Mandal, Y.S.R.District without referring to the list of Assigned/Government lands furnished by the respondent No.4, pending disposal of the above Writ Petition and pass 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 to grant leave to the petitioner herein/Respondent No.5 to file counter affidavit and pass Counsel for the Petitioner(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 4 VS,J W.P.No.47411 of 2018 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in including the land in an extant of Ac.1-50 Cents in Sy.No.893/5, Ac.1-50 Cents in Sy.No.893/8, Ac.1-50 Cents in Sy.No.893/12, Ac.1-50 Cents in Sy.No.900/2, Ac.1-50 Cents in Sy.No.900/3, Ac.1-50 Cents in Sy.No.900/4, Ac.1-50 cents in Sy.No.893/9 Ac.1-50 Cents in Sy.No.893/7, Ac.1-50 Cents in Sy.No.893/6, Ac.1-50 Cents in Sy.No.893/3, Ac.1-50 Cents in Sy.No.893/11 of Peddapalli Village fields, Sidhout Mandal, Y.S.R. District in the list of Assigned/Government lands basing on “dots” in Resurvey and Re-Settlement Register and the consequential action of the respondent No.5 in refusing to entertain the Sale Deed for registration basing on the list of Assigned/Government lands furnished by the respondent No.4 as arbitrary, illegal, contrary to the provisions of the Registration Act, 1908 and settled principles of legal position and violative of the fundamental and Constitutional rights guaranteed to petitioners under Articles 14 19 21 and 300A of the Constitution of India and consequently set aside the list of Assigned/Government lands insofar as the land in an extant of Ac.1- 50 Cents in Sy.No.893/5, Ac.1-50 Cents in Sy.No.893/8, Ac. 1-50 cents in Sy.No.893/12, Ac.1-50 Cents in Sy.No.900/2, Ac.1-50 Cents in Sy.No.900/3, Ac.1-50 Cents in Sy.No.900/4, Ac.1-50 cents in Sy.No.893/9, Ac.1-50 Cents in Sy.No.893/7, Ac.1-50 Cents in Sy.No.893/6, Ac.1-50 Cents in Sy.No.893/3, Ac.1.50 Cents in Sy.No.893/11 of Peddapalli Village fields, Sidhout Mandel, Y.S.R. District furnished by the respondent No.4 and also direct the respondent No.5 to entertain the Sale Deeds for registration for the same and pass ….” 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. 3. The case of the petitioners is that they are the absolute owners and possessors of the lands in an extent of Ac. 1- 50 Cents in Sy.No.893/5, Ac.1- 50 Cents in Sy.No.893/8, Ac.1-50 cents in Sy.No.893/12, Ac.1-50 Cents in 5 VS,J W.P.No.47411 of 2018 Sy.No.900/2, Ac.1-50 Cents in Sy.No.900/3, Ac.1-50 Cents in Sy.No.900/4, Ac.1-50 cents in Sy.No.893/9, Ac.1-50 Cents in Sy.No.893/7, Ac.1-50 Cents in Sy.No.893/6, Ac.1-50 Cents in Sy.No.893/3, Ac.1.50 Cents in Sy.No.893/11 of Peddapalli Village fields, Sidhout Mandel, Y.S.R. District. It is their case that the subject lands are their ancestral property and private patta lands and that their predecessors in title were in possession of the same from time immemorial, from whom they acquired right and title over the said lands and are continuing in possession of the same. 4. It is the grievance of the petitioners that they intended to sell the subject lands for family necessities and approached respondent No.5 to furnish market value particulars to proceed with registration formalities, but respondent No.5 refused to furnish the same, stating that the lands were classified as Assigned/Government lands and are not registerable. The inclusion of the subject lands in the list of Assigned/Government lands was made by respondent No.4 solely based on entries marked as "dots" in the RSR records. The petitioners contend that such classification is illegal as the lands are private patta property supported by valid title documents. Hence, the petitioners have filed the present writ petition seeking the relief as stated supra. 5. Today, when the matter came up for hearing, learned Assistant Government Pleader for Revenue has furnished a copy of instructions furnished by the Tahsildar/respondent No.4 vide Ref.No.B/420/2026, dated 6 VS,J W.P.No.47411 of 2018 24.06.2026, wherein it is stated that, upon verification of records, it was noticed that the land in Sy.Nos.893 and 900 is notified in the prohibited properties list under Section 22(A)(1)(a) of the Registration Act, 1908 and their classification is shown as DKT. The instructions further state that, as per the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and the entries reflected in the records maintained under Section 22(A)(1)(a) of the Registration Act, the subject lands are prohibited from being transferred, alienated, or registered and therefore, any document relating to the transfer of the said lands cannot be entertained for registration by the registering authority. 6. Respondent No.5/Sub-Registrar has also filed counter, stating that the subject lands are notified under Section 22(A)(1)(a) of the Registration Act and are, therefore, any documents for registration in respect of the said lands cannot be entertained. It is further stated that the petitioners have to approach the Grievance Committee constituted under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016, for deletion of the subject lands from the prohibited properties list. It is, therefore, prayed to dismiss the writ petition. 7. Though the petitioners claim that the subject lands are their private patta lands, as can be seen from the written instructions furnished by respondent No.4 as well as the counter-affidavit of respondent No.5, it is evident that the subject lands are classified as assigned lands in the revenue records and are, therefore, included in the prohibited properties list under Section 22(A)(1)(a) of the Registration Act. In view of the same, since the 7 VS,J W.P.No.47411 of 2018 Government has already constituted a Grievance Committee vide G.O.Ms.No.300 dated 05.07.2016 to deal with the requests for deletion of properties from the prohibited properties list, the petitioners have to approach the said Committee for deletion of the subject lands from the prohibited properties list. 8. Accordingly, instead of touching the merits of the matter, the writ petition is disposed of giving liberty to the petitioners to make an application before the Grievance Committee constituted under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016, seeking deletion of the subject lands from the prohibited properties list, in accordance with law. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. No costs. __________________ JUSTICE V.SUJATHA Dated: 01.07.2026 Pmk Whether the order is: Speaking  Reasoned Reportable Non-reportable  8 VS,J W.P.No.47411 of 2018 212 THE HON’BLE SMT JUSTICE V.SUJATHA W.P.No.47411 OF 2018 01.07.2026 Pmk