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2025 DIGILAW 876 (AP)

Yalamanchili Tarakeswara Krishna Prasad, S/O Anjaneya Swamy v. State of Andhra Pradesh, rep. By its PRL secretary to the Government Revenue Assn. I)

2025-07-21

T.C.D.SEKHAR

body2025
ORDER : T.C.D.SEKHAR, J. It is the case of the petitioners that, they are the absolute owners and possessors of land admeasuring a total extent of Ac.24.07 cents situated at Bommulur Kandrika Village, Bapulapadu Mandal, in various survey numbers, having purchased the same through various registered sale deeds. 2. It is further case of the petitioners that, after due enquiry, their names were mutated in the revenue records and they were issued pattadar passbooks. While so, the 3 rd respondent included the subject lands in the prohibited properties list furnished under Section 22A of Registration Act , 1908, though the subject lands are private patta lands belonging to the petitioners. On coming to know about the same, the petitioners made separate representations dated 25.09.2021, to the 3 rd respondent, seeking to delete the subject lands from the prohibited properties list. When the request of the petitioners were not considered, they approached this Court by filing a writ petition vide WP No.5482 of 2022. The said writ petition was disposed of by order dated 04.03.2022, giving liberty to the petitioners to submit an online application for deleting the subject lands from the prohibited properties list, within a period of fourteen (14) days from the date of order, and directed the respondents to consider the same in terms of GO.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016 and to conduct enquiry and pass appropriate orders in accordance with law. 3. It is further case of the petitioners that, in pursuance of the said order, the 3 rd respondent issued impugned endorsement dated 23.09.2022 stating that, as per FLR of Bommuluru Khandrika Village, the subject lands are classified as Government Dry and noted as Gayallu. The impugned endorsement further reads that, the entries made in favour of private persons against the subject lands are cancelled/striked off during the year 2017, and the lands vest with the government. It is further stated that, the petitioners did not produce any documentary evidence in support of their claim and if any documentary evidence and settlement patta (originals) are produced, the same will be considered for taking further action as per the records available in the office. Questioning the same, the present writ petition is filed. 4. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 5. Perused the material available on record. 6. Questioning the same, the present writ petition is filed. 4. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 5. Perused the material available on record. 6. This Court, while disposing of the writ petition vide WP No.5482 of 2022, categorically directed the 3 rd respondent to consider the case of the petitioners after conducting due enquiry and pass appropriate orders within a period of six (06) weeks. On perusal of the impugned endorsement dated 23.09.2022, it is clear that, the order of this Court in the said writ petition was not followed in its letter and spirit and the same is apparent from the impugned endorsement. Further, neither notice is given nor any enquiry is conducted in the matter. The reasoning given by the 3 rd respondent while rejecting the case of the petitioners is not sustainable under law, inasmuch as it is stated therein that, if the applicants produce any documentary evidence in support of their claim, the same will be considered for taking further action in the matter. 7. From the above observations made in the impugned endorsement, it is succinctly clear that, the 3 rd respondent did not undertake any enquiry as per the directions of this Court. 8. For the reasons recorded supra, the impugned endorsement dated 23.09.2022 is hereby set aside and accordingly the writ petition is allowed. 9. The 3 rd respondent is further directed to issue a fresh notice to the petitioners and pass appropriate orders strictly in terms of order in WP No.5482 of 2022, any deviation will be viewed seriously. 10. It is needless to mention that the said exercise shall be completed within a period of two (02) months from the date of receipt of copy of this order. There shall be no order as to costs.