Extracted from the PDF above. The PDF is authoritative.
APHC010173752025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9056/2025 Between: P Papanasamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. P SARASWATHI Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9056/2025
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to issue a writ or orders or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the Respondents Nos.2 to 4 in not considering the Petitioner’s representation dated 27.01.2025 for remove the petitioner land in dispute register and enter the petitioner’s name in web land revenue records respect of the petitioner’s land admeasuring an extent of Ac.0.92 cents in Sy.No.206/2 situated at Agram Revenue Village, Gudipalle Mandal, Chittoor District and take appropriate action against the 5th respondent (VRA) who encroached my land by using his official powers as illegal, irregular, arbitrary and violative of the provisions of the A.P.State Rights in Land and Pattadar Pass Book Act, 1971 and Rules framed there under and also offends Article 14, 21 and 300-A of Constitution of India and consequently direct the Respondents Nos.2 to 4 to considering the Petitioner’s representations dated 27.01.2025 for remove the petitioner land in dispute register and enter the petitioner name in web land revenue records in respect of my land admeasuring an extent of Ac.0.92 cents in Sy.No.206/2 situated at Agram Revenue Village, Gudipalle Mandal, Chittoor District in the interest of justice and pass such other order or orders ….”
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.92 cents in Sy.No.206/2 situated at Agram Revenue Village, Gudipalle Mandal, Chittoor District, having acquired the same through an assignment patta granted in her favour in the year 1993. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. For which, the respondent authorities mutated the name of the petitioner in the revenue records i.e adangals, 1B register and also issued pattadar pass book and title deed in her favour. While things stood thus, respondent No.5 herein is trying to interfere with the petitioner’s possession in respect of the subject property. Aggrieved by the same, the petitioner herein filed a suit in O.S.No.76 of 2015 on the file of Principal Junior Civil Judge, Kuppam seeking permanent injunction. Pending suit, the subject property was entered as disputed property in the dispute register. She further submits that said suit was decreed in favour of the petitioner on 30.12.2022. Even after suit was decreed in favour of the petitioner, still the property of the petitioner is continuing as disputed property in the land dispute Register. For which, the petitioner herein submitted an application dated 27.01.2025 requesting for deletion of the subject property from the
disputed register. Even after receipt of the said representation, the respondents neither considered the same nor issued any other proceedings. Hence, the writ petition. 4. On the other hand, learned Government Pleader appearing for the respondents furnished written instructions dated 03.04.2025 issued by respondent No.4, wherein, the relevant portion of the said instructions reads as follows:
“In view of the above circumstances vide this office reference ROC.A/97/2024 dated 21.09.2024 a proposal were submitted to the District Collector, Chittooor via., through the Revenue Divisional Officer, Kuppam again sent report vide Roc.C/27/2025 dated 31.01.2025 to the Revenue Divisional Officer, Kuppam. The same was escalated to the District Collector, Chittoor for necessary orders pertaining to the land in Sy.No.206/2 extent 0.92 cents of Agaram Village of Gudupalle Mandal for removal from the dispute register. 5.
Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that, once suit is decreed and it became final, continuation of the subject property as disputed property at the disputed register is contrary to the settled proposition of law and even after representation of the petitioner, keeping the same is nothing but an action of “Red Tapism” on the part of the respondents. Hence, the
present writ petition can be disposed of, directing respondent Nos. 3 and 4 herein to consider the representation dated 27.01.2025 submitted by the petitioner after getting permission from the district collector/ respondent No.2 pursuant to the letter addressed by the respondent No.4 dated 20.09.2024 and pass appropriate orders, within a period of three (03) months from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 07.04.2025 BSP
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.9056 of 2025
07.04.2025 BSP