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2025 DAILYLAW 16132 (AP)

Dontina Prasada Reddy v. State of Andhra Pradesh

WP/12162/2021 · 2025-08-19

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010210882021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION NO: 12162 OF 2021 Between; Dontina Prasada Reddy, S/o late Kondareddy, Cultivation, aged 64 years, R/o P.Rajavaram Village, Jeelugumilli Mandal, West Godavari District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by the Principal Secretary to Government Revenue Department, A.P.Secretariat, Amaravati. 2. The Revenue Divisional officer, Jangareddy gudem. West Godavari District. 3. The Tahisidar, Jeelugumilli, West Godavari District. 4. Bommareddy Durga Prasada Reddy, S/o late Adinarayana Reddy, Cultivation, 36 years, R/o P.Rajavaram Village, Jeelugumilli Mandal, West Godavari 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 wore particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 3 respondent in not deleting in not deleting the property of the petitioner i.e., an extent of Ac.3.00 Cents in RS No.90 of P.Rajavaram Village of Jeelugumilli Mandal, West Godavari District from the Dispute Register by conducting enquiry and survey as per his Endorsement in RC No.44/55/2020(B) , dated 06/04/2020 as illegal, arbitrary, violation of Principles of Natural Justice rd m besides violation of Constitutional Guarantees and to consequently direct the respondents to delete the subject property from Dispute Register of Web Land. Prayer is amended as per the CO dt.14.10.2024 vide orders passed in lA No.01 of 2024. lA NO: 1 OF 2021 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 3''^ respondent to delete the name of the 4’^ respondent for the land of Ac.3.25cts in R.SNo.90/3N2 situated at P.Rajavaram village, Jeelugumilli Mandal, and show the same in dispute. lA NO: 2 OF 2021 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 Erect the security section to receive the following documents; I. Xerox copy of 1-B register dated 5-11-2019. 2. Xerox copy of 1-B register dated 18-12-2019 3. Xerox copy of Representation dated 19-2-2020 and kept in the above writ petition bundle for better adjudication of the case. ; lA NO: 2 OF 2024 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 this Additional Affidavit and the Additional Documents filed along with it for proper adjudication of the issue involved in the main writ petition, in the interest of justice. Counsel for the Petitioner: SRI K JYOTHI PRASAD Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI MANGENA SREE RAMA RAO The Court made the following order: APHC010210882021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 12162/2021 Between: 1.DONTINA PRASADA REDDY, S/0 LATE K-ONDAREDDY, CULTIVATION, AGED 64 YEARS, R/0 P.RAJAVARAM VILLAGE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, A.P.SECRETARIAT, AMARAVATI. 2.THE REVENUE DIVISIONAL OFFICER, JANGAREDDY GUDEM WEST GODAVARI DISTRICT. 3.THE TAHISLDAR, JEELUGUMILLI WEST GODAVARI DISTRICT. 4.BOMMAREDDY DURGA PRASADA REDDY, S/0 LATE ADINARAYANA REDDY, CULTIVATION, 36 YEARS, R/0 P.RAJAVARAM VILLAGE JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. ...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 toto issue a writ, order or direction wore particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 3rd respondent in not deleting in not deleting the property of 2 'I the petitioner i.e., an extent of Ac.3.00 Cents in RS No.90 of P.Rajavaram Village of Jeelugumilli Mandal, West Godavari District from the Dispute Register by conducting enquiry and survey as per his Endorsement in RC No.44/55/2020(B), dated 06/04/2020 as illegal, arbitrary, violation of Principles of Natural Justice besides violation of Constitutional Guarantees and to consequently direct the respondents to delete the subject property from Dispute Register of Web Land and to pass such other and further order or orders as deemed fit and proper in the circumstances of the case. Prayer is amended as per the CO dt. 14.10.2024 vide orders passed in lA No.01 of 2024. lA NO: 1 OF 2021 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 3rd respondent to delete the name of the 4th respondent for the land of Ac.3.25cts in R.SNo.90/3N2 situated at P.Rajavaram village, Jeelugumilli Mandal, and show the same in dispute and to pass lA NO: 2 OF 2021 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 Erect the security section to receive the following documents: I . Xerox copy of 1-B register dated 5-11-2019. 2. Xerox copy of 1-B register dated 18-12-2019 3. Xerox copy of Representation dated 19- 2-2020 and kept in the above writ petition blundle for better adjudication of the case and to pass such lA NO: 1 OF 2024 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 inserting the following sentences Writ Of Mandamus declaring the action of the respondents particularly the 3rd respondent in not deleting the property of the petitioner i.e., an extent of Ac.3.00 Cents in RS.No.90 of P. Rajavaram Village of Jeelugumilli Mandal, West Godavari District, from the Dispute Register by conducting enquiry and survey as per his Endorsement in RC.No.44/55/2020(B), dated 06/04/2020, as illegal, arbitrary, violation of Principles of Natural Justice besides violation of Constitutional Guarantees 3 4 and to consequently direct the respondents to delete the subject property from the Dispute Register of Web Land and to pass lA NO: 2 OF 2024 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 receive this Additional Affidavit and the Additional Documents filed along with it for proper adjudication of the issue involved in the main writ petition, in the interest of justice and to pass Counsel for the Petitioner: 1.KJYOTHI PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE 2.MANGENA SREE RAMA RAO 4 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 3 and the learned counsel appearing for the respondent No.4. This writ petition was filed questioning the action of the 3'^'^ respondent in not deleting the property of the petitioner i.e., an extent of Ac.3.00 cents in 2. R.S. No.90 of P.Rajavaram Village of Jeelugumilli Mandal, West Godavari District from the Dispute Register by conducting enquiry and survey as per his Endorsement in RC. No.44/55/2020(B), dated 06.04.2020. The respondent filed counter affidavit and additional counter 3. affidavit and the District Collector also submitted a report. As per the said report, the petitioner also filed I.A. No.3 of 2021 in O.S. No.2 of 2021 before the Special Assistant Agent to Government and Revenue Divisional Officer Jangareddigudem against Pitchukula Srinu S/o Abbulu and Pitchukula Abbulu S/o Sri Ramulu with respect to the subject land in an extent of Ac.03.00 cents in R.S.No.90 of P.Rajavaram Revenue Village of Jeelugumilli Mandal, West Godavari District and the same is pending before the Special Assistant Agent to Government and Revenue Divisional Officer Jangareddigudem and hence the Revenue Divisional Officer has not taken any action regarding the cancellation of mutation done in favour of the writ petitioner over the subject land though it was recommended by then Tahsildar, Jeelugumilli vide Roc.No.687/2019, dated 24.05.2021. 5 This writ petitioner intentionally filed the above said suit against other persons who are not cultivating the said land in a fraudulent manner. This writ petition was filed with a malafied intention to grab the scheduled land. Because of the various cases filed by the petitioner herein as stated above, the Revenue Divisional Officer could not cancel the mutation in spite of the 4. recommendations of the Tahsildar, Jeelugumilli for the subject land. After issuing endorsement to the writ petitioner dated 06.04.2020, enjoyment survey conducted by the concerned Mandal Surveyor. It reveals that the writ petitioner is suppressing the actual fact that his mother already sold away the said disputed land in the year 1968, but he intentionally applied for mutation in his name for the subject land by misleading the authorities concerned. On coming to know, the then Tahsildar, Jeelugumilli submitted a report to the Revenue Divisional Officer, Jangareddigudem requesting to cancel the mutation in favour of the writ petitioner for the above said disputed land. But the Revenue Divisional Officer, Jangareddigudem has not passed any orders so far on the report of the then Tahsildar, Jellugumilli for cancellation of mutation done in favour of the writ petitioner over the subject land in view of the pendency of the above said civil suit initiated by the writ petitioner herein to protract the revision and to grab the subject land without therebeing any right over it. 5. 6 6. In view of the above said facts and circumstances, upon consideration of the rival submissions made and upon perusal of the report of the District Collector, this court does not find any merit in this writ petition. 7. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand Sd/- K TATA RAO depujy registrar <, SECTION OFFICER //TRUE COPY// (v To, 1. One CC to Sri K Jyothi Prasad, Advocate [OPUC] 2. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 4. Two CD Copies RAM 1 HIGH COURT DATE 0:20/08/2025 ^2 0 SEP 2025 ^S*£uffentSeg ORDER WP.NO. 12162 OF 2021 O CO 03 DISMISSING THE WP WITHOUT COSTS