Kudum Galeti Padmavathamma @ Kudum Padmavathamma v. The State of Andhra Pradesh

Judgment

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravati.

2. The State of Andhra Pradesh, Rep. by its Principal Secretary,Registration and Stamps Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District, A.P.

7. The Joint Collector, Annamayya District, Rayachoti, A.P. The Sub-Collector, Madanapalle, Annamayya District, A.P. The Tahsildar, Nimmanapali, Annamayya District, A.P. The District Registrar, Rayachoti, Annamayya District, A.P. The Sub-Registrar, Vayalpadu, Annamayya District, A.P. ...RESPONDENTS 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 a Writ or Order or Direction more particularly one in the nature of \NR\T OF MANDAMUS to declare the action of the respondents in not entertaining Registrations of my owned private patta lands viz., Mandal, Annamayya Nimmanapalli Sub-Division, Vaylpadu District, 4 Vengamvaripalle Gram Panchayat - Sy.No.103/3 - Ac.0.3600 cents, Sy.No.lll - Ac. 0.4500 cents, Sy.No.112/1 - Ac.0.1750 cents, Sy.No.113/1 - Ac. 0.0800 cents, Sy.No.115/3 - Ac. 0.4300 cents, Sy.No.116/3 - Ac. 0.8200 cents, Sy.No.117/4 - Ac. 0.2850 cents, Sy.No.118/2 - Ac. 0.6200 cents - Totalling to Ac.3.22 cents Paiki Ac.2.25 cents landed property Full vide Khata No. 1306. lA 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 to direct the respondents to entertain registrations by issuing NOC relating to my scheduled properties viz., Annamayya District, Vaylpadu Sub-Division, Nimmanapalli Mandal, Vengamvaripalle Gram Panchayat - Sy.No.103/3 - Ac.0.3600 cents, Sy.No.lll - Ac. 0.4500 cents. Sy.No. 112/1 - Ac.0.1750 cents, Sy.No. 113/1 - Ac. 0.0800 cents, Sy.No. 115/3 - Ac.

0.4300 cents, Sy.No.116/3 - Ac. 0.8200 cents, Sy.No.117/4 - Ac. 0.2850 cents, Sy.No. 118/2 - Ac. 0.6200 cents - Totalling to Ac.3.22 cents Paiki Ac.2.25 cents landed property Full vide Khata No. 1306, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI P.VASU SEKHAR Counsel for the Respondent Nos. 1, 3 to 7: GP FOR REVENUE Counsel for the Respondent No.2: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER APHC010478922024 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25004/2024 Between:

1.KUDUM GALETI PADMAVATHAMMA @ KUDUM PADMAVATHAMMA, K.VENKATA SWAMY, AGED ABOUT 82 YEARS, NIMMANAPALLI W/0. CULTIVATION, MAJRA KOTHAPALLI MANDAL, ANNAMAYYA DISTRICT VILLAGE, LATE AND ...PETITIONER

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, DEPARTMENT, A.R SECRETARY, REVENUE VELAGAPUDI, AMARAVATI.

2.THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARYREGISTRATION AND STAMPS DEPARTMENT, A.R SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.R

3.THE JOINT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTI, A.P

4.THE SUBCOLLECTOR, MADANAPALLE, ANNAMAYYA DISTRICT, A.P

5.THE TAHSILDAR, NIMMANAPALI, ANNAMAYYA DISTRICT, A.P.

6.THE DISTRICT REGISTRAR, RAYACHOTI, ANNAMAYYA DISTRICT, A.P.

7.THE SUBREGISTRAR, VAYALPADU, ANNAMAYYA DISTRICT, A.P. ...RESPONDENT{S): Counsel for the Petitioner:

1.P VASU SEKHAR Counsel for the Respondent(S): h 2

1.GP FOR REVENUE 2,GP FOR REGISTRATION AND STAMPS The Court made the following: ORAL ORDER: Heard Sri Jitendra Kanyalur, Learned Counsel appearing on behalf of Sri Vasusekhar Peravali, Learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue.

2. The prayer made in the present Writ Petition is as under: respondents “It is prayed that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of entertaining Registrations of my owned private patta lands viz Annamayya District, Vaylpadu Sub-Division, Nimmanapalli Mandal, Vengamvaripalle Gram Panchayat - Sy.No.103/3 - Ac.0.3600 cents, Sy.No.111 -Ac.0.4500 cents, Sy.No.112/1 -Ac. 0.1750 cents, Sy.No.113/1 - Ac.0.0800 cents, Sy.No.115/3 - Ac.0.4300 cents, Sy.No.116/3 - Ac.0.8200 Sy.No.117/4 - Ac.0.2850 cents, Totalling to Ac.3.22 cents Paiki Ac.2.25 cents landed property Full vide Khata No. 1306 and to pass such other order or orders as this Hon’ble Court may deem fit just and proper in the circumstances of the case.” cents, Sy.No. 118/2 Ac.0.6200

3. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Nimmanapalle dated 28.10.2024. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. The relevant portion of the Written Instruction is usefully extracted hereunder; 3 cents, Sy.No.116/3 “In this connection, it is submitted that, the cents, Sy.No.111 lands in Sy.No.103/3 Ext:0.36 Ext:0.45 cents, Ext:0.175 Sy.No.112/1 Sy.No.113/1 Ext:0.08 cents, Sy.No.115/3, Ext:0.43 Sy.No.117/4 Ext:0.82 cents, Ext:0.285 cents and Sy.No.118/2 Ext:0.62 cents of Vengamvaripalle Settlement Patta lands according to A Register. The writ petitioner was also granted pattadar pass book the said lands vide ROR1B Khata No.1306. The writ petitioner name was also recorded in revenue records and also uploaded portal against the petition schedule lands. in webland classified Village cents, J \ Further, submit that the petition schedule lands are not included in prohibited properties list of Vengamvaripalle Village notified U/s Section 22A of 1908. Hence, the question of Registration Act, granting NOC does not petition schedule lands are settlement patta lands and not covered under prohibited properties list. Further, it is submitted that the writ petitioner has to approach the District Registrar, Annamayya/Sub Registrar, Vayalpad for registration of the petition schedule lands instead of filing this writ petition.” arise,

4. It is clearly stated by the Tahsildar in the above extract that the subject lands are patta lands and they are classified as Settlement Patta Lands according to A-Register. It is also stated that the Writ Petitioner was also granted Pattadar Passbook in NO.ROR1B Khata No. 1306. respect subject lands vide Khat It is also stated that the subject lands are not of the notified under Section 22A of the Registration Act and that the question of granting NOC does not arise as the Petitioner’s schedule lands are settlement patta lands and that the said lands are not covered under prohibited properties It is stated by the Tahsildar that the Petitioner may approach the District list. Registrar, Petitioner’s schedule lands. Annamayya/Sub-Registrar, Vayalpad registration

5. Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition in terms of the Written Instructions. No order as to costs. 4

6. The present Writ Petition is disposed of with the above observations. No order as to costs.

7. Interlocutory Applications, if any, stand closed in terms of this order. //TRUE COPY// Sd/- K. TATA RAO DEPUTY REGISTRAR /^SECTION OFFICER To

1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District.

2. The Principal Secretary, Stamps & Registration Department, State of Andhra PradeshSecretariat, Velagapudi, Amaravati, Guntur District.

9. The Joint Collector, Annamayya District, Rayachoti, A.P. The Sub-Collector, Madanapalle, Annamayya District, A.P. The Tahsildar, Nimmanapali, Annamayya District, A.P. . The District Registrar, Rayachoti, Annamayya District, A.P. The Sub-Registrar, Vayalpadu, Annamayya District, A.P. One CC to Sri P.Vasu Sekhar, Advocate [OPUC Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT

10. Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] Three CD Copies.

11. HIGH COURT DAT£D:05/11/2024 •i \ \ ORDER WP.No.25004 of 2024 oF X o 16 NOV 202^1 ^ Current beciion ^ , DISPOSING OF THE WRIT PETITION WITHOUT COSTS