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2025 DAILYLAW 15471 (AP)

CHABOLU MADDAMMA v. THE STATE OF ANDHRA PRADESH

WP/9985/2024 · 2025-02-17

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9985 OF 2024 Between: Chabolu Maddamma, W/o. Chabolu Pakkiraiah, Aged about 74 years, Occ- Properties, R/o. 22-332, Velgode Village, Mandal, Nandyala District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nandyala District. 3. The Revenue Divisional Officer, Velgode Mandal, Nandyala District. 4. The Tahsildar, Velgode Village ,Mandal, Nandyala District. 5. The Mandal Surveyor, Velgode Mandal, Nandyala District. ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith be pleased to issue the High Court may a Writ of Mandamus or any other appropriate Writ Direction deciaring the action of the Respondents in not any action on the Spandana application dated or 22/05/2023 and representation dated 03/01/2024 submitted by the Petitioner herein requesting to upload the name of the Petitioner in the Mee Bhoomi online and to issue new Pattadar passbooks and title deed in the name of the Petitioner land in Sy. No.652 to an extent of Ac. 1.00 cents and in Sy. No.653 to an extent of Ac.0.69 ’/j cents situated at Velgode Village, Mandal, Nandyala arbitrary and consequently direct the District, as illegal. Respondents to consider the Petitioners representation dated 03/01/2024 dated 22/05/2023 to mutuate the Bhoomi and also to issue of the agricultural land in Sy. No.652 to No.653 to an extent of Ac.0.69!4 Mandal, Nandyala District. and the Spandana application name of the Petitioner in online Mee * « , new Pattadar passbooks and title deeds i - in respect an extent of Ac. 1.00 cents and in Sy 1 cents situated at Velgode Village and lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the Respondents to consider the Spandana appiication representation dated 03/01/2024, to mutate the on online Mee Bhoomi and also to issue new Pattadar passbooks and title deeds in favour of the Petitioner in respect of the agricultural land in Sy. No.652 to an extent of Ac. No.652 to an extent of Ac. 1.00 cents and in Sy No.653 to an extent of AC.0.69'/. cents situated at Velgode Village & Mandal, Nandyala District. dated 22/05/2023 and the name of the Petitioner Counsel for the Petitioner: M/s. KALLA Counsel for the Respondent Nos.1 TULASI DURGAMBA to 5: SRI K.ARJUN CHOWDARY, AGP FOR REVENUE The Court made the following: ORDER APHC010198422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] r MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9985/2024 Between: 1.CHABOLU MADDAMMA, W/0. CHABOLU PAKKIRAIAH, AGED ABOUT 74 YEARS, OCC-PROPERTIES, R/0. 22-332, VELGODE VILLAGE, MANDAL, NANDYALA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NANDYALA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, VELGODE MANDAL, NANDYALA DISTRICT. 4. THE TAHSILDAR, VELGODE VILLAGE ,MANDAL, NANDYALA DISTRICT. 5.THE MANDAL SURVEYOR, VELGODE MANDAL, NANDYALA DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 2 1.GPF0R REVENUE The Court made the following ORAL ORDER: Heard Ms. Kalla Tulasi Durgamba, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration. 2. Basing on the Written Instruction furnished by the Tahsildar, Velgode Mandal along with the copy of the Order passed by the Tahsildar dated 20.06.2023 (which is an Order of Rejection), this Court had directed the Tahsildar, Velgode Mandal, to furnish proof of evidencing the fact that the said Order of the Tahsildar dated 20.6.2023 has, in fact, been served on the Writ Petitioner or not. 3. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration has submitted a photograph which indicates that a person is holding a loose strip of paper against the wall of the house belonging to the Writ Petitioner. The said photograph does not indicate the Rejection Order is in fact pasted with glue on the wall of the house of the Writ Petitioner. that 4. In this view of the matter, this Court is of the opinion that the Tahsildar did not take steps to effectively serve a copy of the Rejection Order dated 20.6.2023 in a proper manner. The least that the Tahsildar done to ensure that the Rejection Order i could have IS served on the Writ Petitioner is that he could have pasted with glue or gum on the wall of the house of the Writ Petitioner rather than clicking a photo with a person holding a loose sheet against a wall, which is a reflected in the photograph. Since the Tahsildar has passed the Order dated 20.06.2023 without serving a copy on the Writ etitioner, this Court is of the opinion that the said Order is not sustainable for want of adherence to the Principles of Natural Justice, dated 20.06.2023, that Accordingly, the Order was never served on the Writ Petitioner, is set aside. The Tahsildar, Velgode Mandal (Respondent No.4) is once again directed to \ 3 de novo consider the Spandana Application submitted by the Writ Petitioner dated 22.05.2023 (Ex.P.4) and the Representation dated 03.01.2024 (Ex.P.1) afresh and pass a Speaking Order in accordance with law within a period of six weeks from today and furnish a copy of such Order to the Writ Petitioner forthwith. Writ Petitioner is directed to submit a copy of this Order along with the photocopy of the Spandana Application and Representation (mentioned supra) to the Respondent No.4 within a period of one week from today for effective compliance. S.With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR <5™J^fficer //TRUE COPY// SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The District Collector, Nandyala District. The Revenue Divisional Officer, Velgode Mandal, Nandyala District. The Tahsildar, Velgode Village ,Mandal, Nandyala District. The Mandal Surveyor, Velgode Mandal, Nandyala District. One CC to M/s. Kalla Tulasi Durgamba, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED:17/02/2025 ORDER WP.No.9985 of 2024 1 'h 21| FEB 2025 . Current Section DISPOSING OF THE W.P. WITHOUT COSTS