Disposed

Konchada Appalaraju v. The state of Andhra Pradesh

Andhra Pradesh HC24 Apr 2024WP/3131/2024

Case brief

AI extract

What is this about?

Senior-citizen landowners sought directions to authorities to decide their online applications for deleting their agricultural lands from the prohibited properties list under Section 22-A(1)(c) of the Registration Act and mutating their names. Court disposed of the writ petition directing the Commissioner of Endowments to decide the applications within two months.

What did the court decide?

Direction to Commissioner of Endowments to dispose of online applications TTA012400117990 and TTA012400117989 within two months in accordance with law; no costs.

Konchada Appalaraju Vs The state of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

THURSDAY ,THE TWENTY FIFTH DAY OF APRIL

¶4

TWO THOUSAND AND TWENTY FOUR

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

¶7

WRIT PETITION NO: 3131 OF 2024

¶8

Between:

¶9

Konchada Appalaraju, s/o Late Kamesham, aged about 77 years Occ Senior citizen R/o 1-03, Main road Kanchili town and Mandal,^{SrikakulamDistrict}

¶10

Konchada Parvati, w/o Appalaraju, aged about 64 years^{OccSeniorcitizen} R/o 1-03, Main road Kanchili town and Mandal, Srikakulam^District

¶11

...PETITIONERS

¶12

AND

¶13

The state of Andhra Pradesh, Rep, by its principal secretary Revenue dept, secretariat, Velagapudi Amaravati Guntur district.

¶14

The state of Andhra Pradesh, Rep, by its principal secretary Endowment dept, secretariat, Velagapudi Amaravati Guntur district.

¶15

The Commissioner, Endowment Dept., Govt, of AP, Vijayawada^Krishna district

¶16

The District collector, Srikakulam Srikakulam District

¶17

The Assistant Commissioner, Endowment Dept., Govt, of AP, Srikakulam Srikakulam District

¶18

¶19

The Tahsildar, Sompeta Mandal Srikakulam District

¶20

The Joint Sub-Registrar, Sompeta Town and Mandal Srikakulam^Dist.

¶21

...RESPONDENTS

¶22

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewitfp,^{theHighCourtmaybe} pleased to issue an appropriate writ order or orders or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of

¶23

the Respondents to dispose of the petitioners Online applications vide applications No, TTA 012400117990 and TTA012400117989 dt.02-02-2024 • toVielete the petitioner schedule land from the Prohibited list of properties and to mutate the petitioner names in the revenue records and to issuance • of Pattadar pass books and Titie deeds in Sy. No.259/2A for an extent of Ac. 0.18 cents and for an extent of Ac. 0.09 cents at jalantara Sompeta, Sompeta town and mandal, Srikakulam district is highly iilegal arbitrary violation of Articles 14,21 and 300-A of the Constitution of India and also violation of the ROR Act and also violation of the principles of natural justice consequently direct the Respondents to dispose of the petitioners online applications vide applications NO. TTA012400117990 and TTA012400117989 dt. 02-02-2024 to delete the petitioner schedule land from the Prohibited list of properties and to mutate the petitioner names in the revenue records and to issuance of Pattadar pass books and Title deeds in Sy. N0.259/2A for an extent of Ac. 0.18 cents and for an extent of Ac. 0.09 cents at Jalantara Sompeta, Sompeta town and mandal, Srikakulam District.

¶24

lA NO: 1 OF 2n9A

¶25

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 dispose of the petitioners Online applications vide applications No.TTAO 12400117990 & TTA012400117989 dt 02.02.2024 to delete the petitioner schedule land from the Prohibited list of properties and to mutate the petitioner names in the revenue records and to issuance of Pattadar pass books and Titie deeds in Sy.no.259/2A for an extent of Ac 0.18 cents and for an extent of Ac 0.09 cents at Jalantara Sompeta'" Sompeta town and mandal, Srikakulam District.

¶26

Sr-.-

¶27

Counsel for the Petitioner(s):SRI TOTA TEJESWARA RAO Counsel for the Respondent Nos.1,4 & 6: GP FOR REVENUE

¶28

DEPARTMENT

¶29

Counsel for the Respondent No.7: GP FOR STAMPS

¶30

Counsel for the Respondent Nos.2,3,5: GP FOR ENDOWMENT DEPARTMENT

¶31

The Court made the following: ORDER

¶32

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

¶33

THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

¶34

WRIT PETITION No.3131 OF 2024

¶35

Konchada Appalaraju, S/o late Kamesham, Aged about 77 years, Senior citizen, R/o 1-03, Main Road kanchili Town and Mandal, Srikakulam District and another.

¶36

... Petitioners

¶37

Versus

¶38

The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District and six others.

¶39

... Respondents

¶40

Counsel for the petitioners : Sri T.Tejeswara Rao

¶41

Counsel for respondents : GP for Revenue and GP for Stamps & Registration

¶42

ORDER

¶43

Heard learned counsel for the petitioners, learned^Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1, 4, 6 and 7 and learned Assistant Government^Pleader for Endowments appearing on behalf of respondent Nos.2,^3and5.

¶44

Page 2 of 5

¶45

SRS, J WP No.3131/2024

¶46

The writ petition is filed to declare the inaction of the respondents in disposing the petitioners’ online applications NOS.TTA012400117990 and TTA012400117989 dated 02.02.2024 requesting the authority to delete an extent of Ac.0-18^centsand Ac.0-09 cents respectively in Sy.No.259/2A of Jalantara Sompeta, Sompeta Town and Mandal, Srikakulam District, as illegal and arbitrary.

¶47

Learned counsel for the petitioners would submit that the petitioners are the absolute owners of the property^ofanextentof Ac.0-18 cents and Ac.0-09 cents respectively. However, the said properties are included in the prohibited properties^{listunderSection} 22-A(1)(c) of Registration Act, 1908. Hence, the petitioners^made online applications to delete the subject properties from the prohibited properties list. However, the authorities are not considering the online applications. Hence, the writ petition.

¶48

Counter-affidavit was filed on behalf of respondent^No.7. It was contended, inter alia, that as per the latest list notified by Revenue authorities, Sy.No.259-2A in an extent of Ac.5-84^centsof Jalantrasompeta revenue village is classified as “Endowment^Land

¶49

Page 3 of 5

¶50

SRS, J WP No.3131/2024

¶51

owned by Sri Kodanda Rama Swamy Temple prohibited under Section 22-A(1)(c) of Registration Act, 1908. Unless the petitioner’s property is not deleted from the prohibited list under^Section 22A(1)(c) of Registration Act by the competent authority, the authority has no power to receive and register the document.

¶52

Learned Assistant Government Pleader for Endowments on instructions would submit that the 3'^'^ respondent/Commissioner^will pass appropriate orders in accordance with law.

¶53

In view of the submission of learned Assistant Government Pleader for Endowments and in view of the facts and circumstances of the case, without going into other facts of the^case,theWrit Petition is disposed of directing the 3'^'^ respondent^{-Commissioner} of Endowment Department to consider and dispose of^the online applications submitted by the petitioner bearing Nos.TTAOl2400117990 and TTA012400117989 dated 02.02.2024 requesting to delete their property of an extent of^{Ac.0-18centsand} Ac.0-09 cents respectively in Sy.No.259/2A of Jalantara^Sompeta, Sompeta Town and Mandal, Srikakulam District, within^aperiodof two (2) months from the date of receipt of a copy of^{theorder,strictly}

¶54

Page 4 of 5

¶55

SRS, J WP No.3131/2024

¶56

in accordance with law, and communicate the same to the

¶57

petitioners. No order as to costs.

¶58

As a sequel, pending miscellaneous petitions, if any, shall

¶59

stand dismissed.

¶60

Sd/- U. SRIDEVI ASSISTANT REGISTRAR

//TRUE COPY//

Cl\

SECTION OFFICER

To,

The principal secretary. Revenue dept, secretariat, Velagapudi Amaravati Guntur district.

¶66

The Principal secretary. Endowment dept, secretariat, Velagapudi Amaravati Guntur district.

¶67

The Commissioner, Endowment Dept., Govt, of AP, Vijayawada Krishna district

¶68

The District collector, Srikakulam Srikakulam District

¶69

The Assistant Commissioner, Endowment Dept., Govt, of AP, Srikakulam Srikakulam District

¶70

The Tahsildar, Sompeta Mandal Srikakulam District

¶71

The Joint Sub-Registrar, Sompeta Town and Mandal Srikakulam Dist.

¶72

One CC to SRI. TOTA TEJESWARA RAO Advocate [OPUC]

¶73

TwoCCsto GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT]

¶74

Two CCS to GP FOR STAMPS, High Court Of Andhra Pradesh . [OUT]

¶75

Two CCS to GP FOR ENDOWMENT ,High Court Of Andhra Pradesh. [OUT]

¶76

THREE CD Copies

HIGH COURT

SRS,J

DATED:25/04/2024 ...If

¶83

ORDER

¶84

WP.No.3131 of 2024

¶85

DISPOSING OF WP WITHOUT COSTS

Konchada Appalaraju v. The state of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Konchada Appalaraju v. The state of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T Jayamma Vs the State of Andhra Pradesh

M Venkateswara Rao Vs the State of Andhra Pradesh

Pothula Subba Rao Vs the State of Andhra Pradesh

Muppidi Mangamma Vs the State of Ap

Bathula Kalyani Vs the State of Ap

P.Usha Rani Vs The State ofAndhra Pradesh