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APHC010135582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]
(Special Original Jurisdiction)
TWENTY FOURTH DAY OF DECEMBER, TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 6835/2023 Between:
1. C VENKATA JYOTHI, W/O. DAMODARA REDDY, AGED ABOUT 49 YEARS, PRESENTLY RESIDING AT USA, REP. BY HER GPA HOLDER SMT.KAVYA REDDY, W/O. K.ANKI VENUMADHAVA REDDY, AGED ABOUT 42 YEARS, R/O. FLAT NO.302, LAW ELITE, H.NO.199/5/12, ANJANI NAGAR, MADHAPUR SHAIKPET, HYDERABAD ...PETITIONER AND
1. T HE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
REP. BY ITS PRINCIPAL SECRETARY.
2. T HE COMMISSIONER OF ENDOWMENTS, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT.
3. T HE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT.
4. T HE ASSISTANT COMMISSIONER OF ENDOWMENTS, KURNOOL, KURNOOL DISTRICT.
5. T HE DISTRICT REGISTRAR, KURNOOL, KURNOOL DISTRICT.
6. T HE SUB REGISTRAR, KURNOOL, KURNOOL DISTRICT.
7. S RI VEERABHADRA SWAMY TEMPLE, KALLUR VILLAGE AND MANDAL, KURNOOL DISTRICT. REP. BY ITS EXECUTIVE OFFICER.
...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in including the land in Sy.No.608/ 2 admeasuring an extent of Ac.6-00 cents of Kallur Village and Mandal, Kurnool District in the prohibited list and the memo issued by the 2nd respondent in Memo RC.No.M1/COE-19025(35)/21/2019 dated 16.04.2021 as illegal, arbitrary and contrary to the provisions of Section 22A(1)(c) of the Registration Act and consequently direct the 2nd respondent to delete the land in Sy.No.608/ 2 admeasuring an extent of Ac.6-00 cents of Kallur Village and Mandal, Kurnool District from the prohibited list and pass Prayer is amended as per the Court's Order dt.03.12.2025 in I.A.No.01 of 2025. 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 to direct the 5th respondent to receive and register the documents submitted by the petitioner for registration in respect of land in Sy.No.608/ 2 of Kallur Village and Mandal, Kurnool District without reference to its inclusion in the prohibited list, pending disposal of the WP and pass IA NO: 2 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 to grant leave to the petitioner herein respondent No. 6 to file counter affidavit in the above writ petition and pass IA NO: 3 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 to receive the counter of the 2nd respondent on record by allowing the leave petition in the above writ petition and pass IA NO: 4 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 grant leave for filing of this Counter Affidavit dated 02-10-2023 in W.P.No.6835 of 2023, in the interest of justice, and to pass IA NO: 1 OF 2025 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 permit the petitioner to amend the prayer by adding the following words after the word prohibited list and the memo issued by the 2nd respondent in Memo RC.No.M1/COE- 19025(35)/21/2019 dated 16.04.2021 as illegal, arbitrary and one without jurisdiction and pass Counsel for the Petitioner:
1. O M R LAW FIRM Counsel for the Respondent(S):
1. GP FOR REVENUE
2. G RAMANA RAO (SC FOR ENDOWMENTS RAYALASEEMAREGION)
3. GP FOR ENDOWMENTS The Court made the following:
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 respondents in including the land in Sy.No.608/2 admeasuring an extent of Ac.6-00 cents of Kallur Village and Mandal, Kurnool District in the prohibited list and the memo issued by the 2nd respondent in Memo RC.No.M1/COE- 19025(35)/21/2019 dated 16.04.2021 as illegal, arbitrary and contrary to the provisions of Section 22A(1)(c) of the Registration Act and consequently direct the 2nd respondent to delete the land in Sy.No.608/ 2 admeasuring an extent of Ac.6-00 cents of Kallur Village and Mandal, Kurnool District from the prohibited list and pass….”
2. Heard Sri O.Manohar Reddy, learned senior counsel appearing on behalf of learned counsel for the petitioner, learned standing counsel for Endowments of Rayalaseema Region and learned Assistant Government Pleader appearing for respondents.
3. The issue involved in the present Writ Petition is pertaining to a piece of land admeasuring an extent of Ac.6.00cents in Sy.No.608/2 of Kallur Village and Mandal, Kurnool District. The said land was purchased by the petitioner by way of a registered sale deed bearing document nos.5023 to 5028/2003 on 08.12.2003. Ever since from the date of purchase, the petitioner was in possession and enjoyment of the said property.
4. Initially one Labba Shaik Ahmed mortgaged the property in favour of Narayana Kistappa and others in respect of the land in Sy.No.608 of Kalluru Village. When the mortgagee failed to pay the amount, the mortgager filed a suit on the file of the District Court vide O.S.No.8 of 1877 and the said suit was decreed on 25.01.1878. For realization of the decree, the decree holders filed Execution Petition and in pursuance of the execution proceedings, the property was sold by way of public auction on 14.05.1880. One Ulachala Bala Yellaiah has participated in the said auction and purchased the land in Sy.No.608 admeasuring an extent of Ac.22.99 cents and an extent of Ac.0.50 cents in Sy.No.572, an extent of Ac.9.93 cents in Sy.No.743, an extent of Ac.4.62 cents in Sy.No.678 and an extent of Ac.21.50 cents in Sy.No.715 of Kallur Village and Mandal, Kurnool District through registered sale deed No.26/1880. Subsequently, number of sale transactions were taken place, those are in the years 1889, 1904, 1907, 1961 and 1982 and finally the petitioner has purchased in the year 2003 through registered sale deeds.
5. In fact, in the year 1957, the trustee of Sri Veerabhadra Swamy Temple, Kurnool filed an application u/Sec.87 of the Hindu Religious and Charitable Endowments Act for issuance of certificate that the properties mentioned in the schedule appended to the petition schedule belong to Sri Veerabhadra Swamy Temple, Kurnool Town. Reply to the said application, the predecessors in title of the petitioner filed their counter stating that the land in Sy.No.608 was called as Mondivani Chenu and prior to 1874 it was in possession and enjoyment of one Labbe Shaik Ahmed and the property was brought to sale in the Court auction held in execution of the decree passed in O.S.No.8 of 1877 and the transaction was taken place in the year 1880. The Deputy Commissioner, after considering the entire record, passed an order on 26.7.1957 holding that the respondents therein i.e. predecessors of the petitioner’s claim their title on the basis of sale certificate issued by the Court and it cannot be said that their claim is not bonafide, and accordingly directed the temple to agitate the matter in civil Court and dismissed the application. But for the reasons best known the respondent temple has not initiated any proceedings before the civil Court seeking declaration of title.
6. Subsequently, the predecessors of the title of the petitioner have partitioned their properties by means of a regis
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