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2025 DAILYLAW 15025 (AP)

THOTI NAGARATHNAMMA v. THE STATE OF ANDHRA PRADESH

WP/9933/2025 · 2025-04-21

Venkateswarlu Nimmagadda

body2025

Judgment text

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■J^\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL . TWO THOUSAND AND TWENTY FIVE . i PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGAD WRIT PETITION NO: 9933 OF 2025 / Between: Thoti Nagarathnamma, W/o Thoti Venkatramana, Age 39 years, Cultivation, R/o. Miniki Village, Miniki Post, Ramasamudram Mandal Annamaya District. . ...PETITIONER AND The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department. Secretariat, Velagapudi, Guntur District. The District Collector and District Magistrate, Annamaya District, Rayachoti. The Sub Collector, Madanapalli, Annamaya District. The Revenue Divisional Officer, Madanapalli, Annamaya District. The Tahsildar, Ramasamudram, Annamaya District. Thoti Reddamma, W/o Late Anjappa, Aged 60 years. Miniki village, Ramasamudram mandal, Punganur Taluk, Chittor District. Thoti Ramanjulu, S/o. Thoti Tippanna, Age 57 years, Miniki Village, Ramasamudram Mandalam, Punganur Taluk, Chittor District Kotutu Narasimha Reddy, S/o T.Chinna Ramaiah, Age 57years, Cultivation, R/o. Kudurucheemanapalli Village & Post, Ramasamudram Mandal, Annamaya District. G. Basavaraj, S/o Gnadhari Munilingappa, Age 70 years. Cultivation, R/o Beside B.R Theatre, MBT Road, Punganur Town and Mandal Chittor District. 1. 2. 3. 4. 5. 6. 7. 8. 9. A 10. Neelakantam Achari, S/o not know, Age 65 years, Hindu Cultivation, R/o. Ragimakulapalli Village, Miniki Post, Ramasamudram Madal, Annamaya District. ...RESPONDENTS 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 respondent in not completing the enquiry initiated vide proceedings in ROR Aopeal No. 1194 of 2024 against the 6^^ to lO*'^ respondents in respect of the land in 1) Sy No. 147 Extent of Acre 0-43 cents', 2) Sy.No.153/4 extent of land Acre 0.15 cents, 3) Sy. No 147/1 extent of Acre 4.04 cents, 4) Sy. No. 274/1 extent of land Acre 1.61 cents 5) Sy No. 148/4 extent of Ac. 1.83 cents, 6)Sy. No. 125/11 extent of Ac.0.44 cents 7)Sy. No. 244/5 extent of Ac.0.11 cents 8)Sy. No. 244/17 extent of Ac.0.12 cents 9)Sy. No. 125/9 extent of Ac.0.36 cents 10)Sy. No. 125/8 extent of Ac.0.13 cents 11)Sy. No. 274/3 extent of Ac.0.35 cents 12) Sy. No. 138/2 extent of Ac.2.00 cents 13)Sy. No. 143/8 extent of Ac. 1.70 cents 14) Sy. No. 251/11 extent of Ac.0.35 cents 15)Sy. No. 251/3 extent of Ac.0.15 cents 16)Sy. No. 251/12 extent of Ac.0.15cents in Miniki Village, Ramasamudram Mandal, Punganuru Taluk, Chittor district in issuing the pattadar pass books and title deed 6*^ to 10*^ Respondent therefor without following the procedure contemplated under the provisions of the A.P Rights in Land and Pattadar Pass Books Act and Rules framed dostice. there under is illegal, arbitrary, violative principles of Na^tu^- violative of The Andhra Pradesh Rights in Land and Pattadar Pass Books, Act, 1971 and Rules made there under and Art 300-A of the Constitution of India and the ratio laid down in 2007(6) ALD 348 and consequently direct the respondents to complete the enquiry. lA 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’s not to interfere with the peaceful possession of the petitioner properties until disposal of the ROR Appeal No. 1194 of 2024, pending disposal of the above Writ Petition. Counsel for the Petitioner; M/s. VINODIN RUTH MADAPALLI Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent nos.6 to 10: The Court made the following: ORDER m APHC010189692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] m MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9933/2025 Between: Thoti Nagarathnamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VINODIN RUTH MADAPALLI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9933/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the respondents in not completing the enquiry initiated vide proceedings in ROR Appeal No. 1194 of 2024 against the respondent Nos. 6 to 10 in respect of subject lands In MlnikI village, Ramasamudram Mandal, Punganuru Taluk, Chittoor District In issuing the pattadar pass books and title deed to the respondent Nos. 6 to 10 without following the procedure contemplated under the provisions of A. P. Rights In Land and Pattadar Pass Books Act and Rules framed there under as illegal and arbitrary and consequently direct the respondents to complete the enquiry and pass orders restoring the name of the petitioner in the revenue records and pass such other order. ’’ Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, to issue a direction to the respondents to dispose of the ROR appeal No. 1194 of 2024 preferred by the petitioner. 2. Learned Assistant Government Pleader for Revenue agreed to dispose of the ROR appeal No. 1194 of 2024, if any pending with the respondents. 3. 4. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court 3 such direction be issued, in view of the is conscious that no judgment of the Apex Court in P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to direction to dispose of ROR appeal No. 1194 of 2024, this The Government of India v. issue a Court find no other alternative except to issue such direction. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the ROR appeal No.1194 of preferred by the petitioner, after providing opportunity of hearing to the petitioner, within a period of three(3) months from the date of receipt of copy of this order. There shall be no order as to 5. 2024, costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. 1 2019(8) SCALE 544 Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFfCER To 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector & District Magistrate, Annamaya District, Rayachoti. 3. The Sub Collector, Madanapalli, Annamaya District. 4. The Revenue Divisional Officer, Madanapalli, Annamaya District. 5. The Tahsildar, Ramasamudram, Annamaya District. 6. Thoti Reddamma, W/o Late Anjappa, Aged 60 years. Miniki village, Ramasamudram mandal, Punganur Taluk, Chittor District. 7. Thoti Ramanjulu, S/o. Thoti Tippanna, Age 57 years, Miniki Village, Ramasamudram Mandalam, Punganur Taluk, Chittor District 8. Kotutu Narasimha Reddy, S/o T.Chinna Ramaiah, Age 57years, Cultivation, R/o. Kudurucheemanapalli Village & Post, Ramasamudram Mandal, Annamaya District. 9. G. Basavaraj, S/o Gnadhari Munilingappa, Age 70 years. Cultivation, R/o Beside B.R Theatre, MBT Road, Punganur Town and Mandal Chittor District. Neelakantam Achari, S/o not know. Age 65 years, Hindu Cultivation, R/o. Ragimakulapalli Village, Miniki Post, Ramasamudram Madal, Annamaya District.. One CC to M/s. Vinodin Ruth Madapalli, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 10. 11. 12. [OUT] Three CD Copies. 13. gi HIGH COURT gi DATED;21/04/2025 ORDER ANOS^% 0\4 WP.No.9933 of 2025 55 2 9 APR 2025 ^ Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS