B Hazarath Reddy Vs the State of Andhra Pradesh

“to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in issuing Go.Ms.No.216 dt.13.05.2016 and the Gazette Notification No.373 dt.08.04.2023, placing the lands of petitioners an extent of Ac.2.25 Cents in Sy.No.1952 of Atmakur Revenue Village, Atmakur Mandal, SPSR Nellore District, in the prohibited properties list, despite the order passed by this Hon'ble Court in W.P.No. 19230 of 2011 dt.26.07.2019, as illegal, arbitrary, unconstitutional, unjust, violative of, Article 14, 21 and 300-A of the Constitution of India, and consequently set-aside the Go.Ms.No.216 dt.13.05.2016 and the Gazette Notification No.373 dt.08.04.2023, by directing the respondents to remove the lands of petitioners in

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an extent of Ac.2.25 Cents in Sy.No.1952 of Atmakur Revenue Village, Atmakur Mandal, SPSR Nellore District, from the prohibited properties list, by considering the Representation 06.02.2024 and Online Application dt.07.02.2024 and to pass

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The case of the petitioners is that the petitioners are the absolute owners and possessors of the subject properties admeasuring to an extent of Ac.1.00 cents, Ac.0.66½ cents, Ac.0.33½ cents, Ac.0.12½ cents, and Ac.0.12½ cents in Survey No.1952 of Atmakur Village, SPSR Nellore District. The petitioners have been in continuous possession and enjoyment of the subject lands. While so, the respondents issued G.O.Ms.No.216, dated 13.05.2016, placing the subject lands under the prohibited list under Section 22-A(1)(e) of the Registration Act, 1908. Subsequently, the respondents published a Gazette notification dated 08.04.2023 transferring the subject lands from the list of prohibited properties under Section 22-A(1)(e) of the Registration Act to the list of prohibited properties under section 22(A)(1)(a) of the Registration Act, 1908.

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He further submits that on perusal of G.O.Ms.No.216, dated 13.05.2016, it is evident that Survey No.1952 is shown as "Dotted lands." He further submits that dotted lands does not belong to the

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Government land, and those who can prove and substantiate their possession and enjoyment over such dotted lands are entitled for regularization. Under these circumstances, the petitioners submitted representations dated 06.02.2024 and 07.02.2024 to the 2^nd respondent, requesting for removal of the subject lands from the list of prohibited properties under Section 22-A(1)(a) of the Registration Act, 1908. Even after receipt of the representations of the petitioners, the 2^nd respondent neither considered nor passed any proceedings. Hence, the present writ petition.

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On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that, the respondent authorities will consider the representations/applications of the petitioners dated 06.02.2024 and 07.02.2024 and pass appropriate orders in accordance with law within a reasonable time.

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Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and on perusal of the material available on record, this Court is of the considered view that the present writ petition can be disposed of by directing

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the respondent authorities to consider the

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applications/representations of the petitioners, dated 06.02.2024 and 07.02.2024, for deletion of the subject property from the list of prohibited notified under Section 22-A(1)(a) of the Registration Act, 1908 as expeditiously as possible, strictly in accordance with the law, preferably within a period of four (04) months from the date of receipt of this order after providing an opportunity of hearing to all the parties concerned.

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6. With the above observation, the writ petition is disposed of.

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There shall be no order as to costs.

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As a sequel, interlocutory applications if any pending, shall stand

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closed.

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_____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

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17.06.2025 klk