Andhra Pradesh High Court - Amravati
Nirmala Society vs The State Of Ap on 1 August, 2025
APHC010388772025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
FRIDAY, THE FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 20082/2025
Between:
1. NIRMALA SOCIETY, HYDERABAD REGION, REP BY ITS VICE
PRESIDENT, SISILY MATHAI CHATHAMALA, D/O MATHAI
CHATHAMALA, AGED ABOUT 55 YEARS, R/O NIRMALA CONVENT,
BRAMHANAPALLI VILLAGE, VINUKONDA MANDAL, PALNADU
DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL
SECRETARY, REVENUE DEPARTMENT SECRETARIAT,
VELAGAPUDI, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE,
PALNADU DISTRICT, NARASARAOPET.
3. THE JOINT DISTRICT COLLECTOR, PALNADU DISTRICT,
NARASARAOPET.
4. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET,
NARASARAOPET.
5. THE TAHSILDAR, VINUKONDA MANDAL VINUKONDA, PALANADU
DISTRICT.
6. THE SUBREGISTRAR, VINUKONDA, PALANADU DISTRICT.
...RESPONDENT(S):
2
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, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the Respondents No.1 to 5 herein in not changing the classification of petitioner land from Vagu Poramboke, in the Revenue Record pertaining to the land to an extent of Ac.24.82.cts in S.No.285/9, 295/6, 302/6 and 302/8 (L.P No. 1989, 1990, 1991 and 2308) of Bramhanapalli Village, Vinukonda Mandal, Palnadu District (erstwhile Guntur District), as A.W.D and also not deleting the said lands from the prohibited list, u/s 22(A)(1)(b) of The Registration Act, 1908, basing on the report of the 5th Respondent dt. 19-03-2025, is illegal, arbitrary and contrary to Principles of Natural Justice and the Arts 14, and 300-A of the Constitution of India and consequently direct the Respondents No.1 to 5 to change the classification of the land from Vagu Poramboke to A.W.D in the Revenue Records and also to delete from prohibited list, u/s 22(A)(1)(b) of The Registration Act, 1908 for the land stated supra and 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 to direct the Respondent No.1 to 5, to consider the representation/petition dt.25-10-2024 made by the petitioner society by changing the classification of petitioner land from Vagu Poramboke, in the Revenue Record pertaining to the land to an extent of Ac.24.82.cts in S.No.285/9, 295/6, 302/6 and 302/8 (L.P No. 1989, 1990, 1991 and 2308) of Bramhanapalli Village, Vinukonda Mandal, Palnadu District (erst while Guntur District), as A.W.D and also to delete the said lands from the prohibited list, u/s 22(A)(1)(b) of The Registration Act, 1908, basing on the report of the 5th Respondent dt. 19-03- 2025, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:
1. T V JAGGI REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR REGISTRATION AND STAMPS 3 The Court made the following ORDER:
Heard Sri T V Jaggi Reddy, learned counsel for the petitioner and Sri B V Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 6.
2. (a) Learned counsel for the petitioner would submit that the petitioner's society is an absolute owner and possessor of land to an extent of Ac.24.82 cents in S.No.285/9, 295/6, 302/6 and 302/8 (L.P.Nos.1990, 1991, 1989, 2303 and 2308) of Brhamhanapalli Village, Vinukonda Mandal, Palnadu District. An extent of Ac.50-16 cents in Sy.Nos.285/1, 285/5, 285/7, 285/9, 287/2, 290/1-2, 279, 295/6, 302/6 and 302/8 of Brahmanapalli Village, Vinukonda Taluk, Guntur District belonged to the Government. The Diocese of Guntur Society, represented by its Bishop, was given the land on payment of Rs.2,508/- by the Board of Revenue, Andhra Pradesh, Hyderabad on 21.05.1966. The lands were allotted for construction of Schools and Hospital buildings etc.
(b) Learned counsel for the petitioner would further submit that the Bishop, the Diocese of Guntur Society, paid the amount of Rs.2,508/- to the then Tahsildar, Vinukonda and the said land was handed over to him. The Bishop gifted an extent of Ac.24.82 cents (referred supra) including the private land purchased by him, to the Society of the Missionary Sisters of the Immaculatae, Vijayawada for use and development of the good of the Church and the congregation. The 5th respondent issued a certificate dated 08.06.2023 that Ac.22-95 cents in Sy.Nos. 285/9, 295/6, 302/6 and 302/8 of Brahmanapalli Village were classified as G.P (Stream), G.D (dotted land). Subsequently, the classification is changed as 'Vaagu Poramboke'. The petitioner made a representation dated 25.10.2024 to the 2nd respondent to change the classification in their possession and enjoyment as per the Board of Revenue orders and also requested to delete the lands from the Prohibited Properties list under Section 22-A(1)(b) of the Registration Act, 1908.
4(c) The 5th respondent submitted a detailed report to the 4th respondent to issue necessary orders regarding the change of classification of L.P.Nos.1825, 1839, 1847, 1848, 1849, 1989, 1990, 1991, 2302, 2303, 2305 and 2308. A copy of the report is marked for the petitioner's Society. However, the 2nd respondent has not passed any orders so far.
3. Learned Assistant Government Pleader for Revenue submitted instructions of the 5th respondent. The operative portion of the instructions reads as under:
"Further it is submitted that on representation filed by the then Vice President, Loyola School Society, Vinukonda and the Vice President, Nirmala Society (Missionary Sisters of the Immaculate), Vinukonda on 25.10.2024 the Tahsildar, Vinukonda has sent a proposals for change the classification of alienated land from Mandabayalu, Vagu, Konda/Gutta to A.W.D in Revenue Records measuring an extent of Ac.50.16 cents in Sy.Nos.285/9, etc. (lP Nos.1989, 1990, 1991 and 2308 etc.) of Brahmanapalli Village, Vinukonda Mandal vide this office Rc.NO.277/2023-A, dated 19.03.2025. However, it is noted that the applicants did not furnish the copy of the payment of the market value of Rs.2,508/- during the revenue enquiry. Additionally, it has been submitted that the relevant particulars are not available in this office for further reference."
4 In the instructions, it was further mentioned that the petitioner's representation regarding re-classification of the land from Mandabayalu, Vagu etc., to A.W.D is under active verification and further, the issue of deletion of such alienated lands from the Prohibited Properties list is under consideration at the Government level and following the petitioner's application, necessary steps have been initiated, and the matter is under active consideration of higher officials.
5. Thus, as seen from the instructions of the 5th respondent, the authorities acted upon the representation of the petitioner, and the said representation is under consideration.
56. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the respondents 1 and 2 to consider the representation dated 25.10.2024 (Ex.P.4) by duly considering the report dated 19.03.2025 submitted by the Tahsildar (Ex.P.5) and pass appropriate orders, strictly as per law, as expeditiously as possible, preferably within two (2) months from the date of receipt of copy of this order. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date: 01.08.2025 KA 6 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20082/2025 Date:01.08.2025 KA