RACHAVALI MOHAMMED RAFI vs THE STATE OF AP

APHC010110172023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5559/2023 Between: 1.

RACHAVALI MOHAMMED RAFI, S/O LATE RACHAVALI DADA SAHEB, AGED ABOUT 50 YEARS, R/O D.NO.20-88, PRABHAKAR STREET, ANANTHAPURAM, ANANTHAPURAM DISTRICT ...PETITIONER AND 1.

THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE (ASSN.I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2.

THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT, AT ANANTHAPUR.

3.

THE TAHSILDAR, ANANTHAPURAM MANDAL, ANANTHAPUR DISTRICT.

4.

THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, ANANTHAPUR DISTRICT, AT ANANTHAPURAM.

5.

THE JOINT SUBREGISTRARI, REGISTRATION AND STAMPS DEPARTMENT, ANANTHAPURAM RO, ANANTHAPURAM, ANANTHAPUR DISTRICT.

2 ...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 to issue any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in issuing G.O.

Ms .

No .201 Revenue (Assn.

I) Department, dated 5.5.2016 in so far as the land in Sy.

No.113-1A1 admeasuring Ac.1.15 cents in Somuladoddi Village, Ananthapuramu Mandal, Ananthapuram District, out of which Ac.0.571/2 cents is concerned and the consequential intimation of the 5th respondent dated 14.10.2019 in refusing to register document (P.No.899/2018) as illegal, violative of Articles 14 and 300-A of the Constitution of the India and set-aside the said GO in so far as the above land is concerned and consequently direct the 5th respondent to register and release the sale deed P.No. deed P.No.899/2018 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 pleased to direct the 5th respondent to process and release the pending document "P.No.899/2018" forthwith, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1.

KOCHIRI RAJA SHEKAR Counsel for the Respondent(S): 1.

GP FOR REVENUE 2.

GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the 1st respondent in issuing G.O.Ms.No.201 Revenue (Assn.

I) Department, dated 5.5.2016 in so far as the land in Sy.No.113-1A1 admeasuring Ac.1.15 cents in Somuladoddi Village, Ananthapuramu Mandal, Ananthapuram District, out of which Ac.0.571/2 cents is concerned and the consequential intimation of the 5th respondent dated 14.10.2019 in refusing to register document (P.No.899/2018) as illegal, violative of Articles 14 and 300-A of the Constitution of the India and set- aside the said GO in so far as the above land is concerned and consequently direct the 5th respondent to register and release the sale deed P.No.899/2018 and pass….” 2.

Heard Mr.

Kochiri Rajashekar, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.

The contention of the petitioner is that, the respondents ought not to have included the properties of the petitioner u/Sec.22A(1)(e) of the Registration Act (for short the Act) without passing any reasoned order.

But in this, no such reason is mentioned and however the rejection order of respondent no.5 is also contrary, as the properties were included under G.O.Ms.No.201 Revenue dated 05.5. ated 05.5.2016 under Section 22A(1)(e) of the Act.

But respondent no.5 has rejected on the ground that the properties were included under Section 22A(1)(e) of the Act.

4 4.

Reply to the said submissions, learned Assistant Government Pleader appearing for respondents has made his submissions in the counter.

But the counter is silent as to why respondent no.5 has rejected the case mentioning that the properties are under Section 22A(1)(e) of the Act.

As per G.O.Ms.No.201, the properties were kept under Section 22A(1)(e) of the Act and no clarification is forthcoming in the counter.

Basing on the same, learned Assistant Government Pleader, on instructions, has placed G.O.Ms.No.59 dated 16.02.2023.

According to the said G.O., the properties which were placed under prohibitory list under Section 22A(1)(e) of the Act were moved to Section 22A(1)(a) of the Act vide order dated 16.02.2023.

In view of the said Government orders, now all the properties more specifically subject properties of the petitioner are under prohibitory list under Section 22A(1)(a) of the Act.

Accordingly, respondent no.5 has rejected the document submitted by the petitioner.

If the petitioner has any grievance with regard to listing of the properties under Section 22A(1)(a) of the Act, the petitioner has remedy by filing of an on-line application to the District Collector.

If any such application is filed, the same would be considered by the District Collector by obtaining report from the concerned.

Considering the said submissions, without going in to the merits of the case, liberty is given to the petitioner, that if the petitioner has 5 any grievance, the petitioner may choose to file an on-line application for deletion of subject property from Section 22A(1)(a) of the Act, within a period of one (01) month, and if any such application is filed, the respondent concerned is directed to consider the same after obtaining report from the concerned authorities and pass appropriate orders within a pe ithin a period of three (03) months thereafter.

6.

With the above observation, the Writ Petition is disposed of.

No costs.

As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 22.12.2025 RD 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.5559 of 2023 22.12.2025 RD