Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 16181 (AP)

B. Siva Malla Reddy, v. State of Andhra Pradesh,

WP/10616/2025 · 2025-04-28

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No.: W.P.No.10616 of 2025 PROCEEDING SHEET Sl.No DATE ORDER OFFICE NOTE 01. 28.04.2025 NV, J Heard learned counsel for the petitioner and learned counsel for the respondents. The claim of the petitioner herein is that the petitioner is the absolute owner and possessor of the land to an extent of Ac.4.90 cents in Sy.No.68-2 of Gopepalli Village, Nallamada Mandal, Sri Satya Sai District, having acquired through a registered…..bearing No…… Thereafter, the petitioner has been in possession of the said subject property. Having considered the same, the petitioner was issued with pattadar passbook and title deed by declaring the petitioner as the absolute owner and possessor of the subject land. While being so, the 3rd respondent herein passed an Order dated 18.03.2025, considering the report of the Tahsildar dated 16.01.2025, exercising his power and issued orders for reversing the revenue entries made in favour of the petitioner contrary to the Section 4 of the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 (for short, the Act). The learned counsel for the petitioner submits that the 3rd respondent passed the impugned order dated 18.03.2025 without any jurisdiction and contrary to the settled preposition of law. Hence the Writ Petition. On the other hand, the learned Government Pleader for Revenue submits that the 3rd respondent has exercised his power under Section 5(2a) of the Act pursuant to the report submitted by the 4th (name) respondent herein. extract He further submits that, the impugned order dated 18.03.2025 issued by the 3rd respondent is with proper jurisdiction as provided under Section 5(2a) of the Act. He would also submit that the impugned order is an appealable order under Section 5(4) of the Act. Having regard to the submissions made by the learned counsel for the petitioner, the learned Government Pleader for Revenue and on perusal of the material available on record and since the impugned order passed by the 3rd respondent is with proper jurisdiction and was also an appealable order. In order to adjudicate the order of the 3rd respondent, a thorough enquiry and evidence is required. Hence, this Court deems it appropriate to dispose of the present Writ Petition directing the petitioner to prefer a statutory appeal canvassing whatever rights held by the petitioner and by submitting all the required documents to substantiate his title over the subject property. After preferring an appeal, the appellate authority shall consider the same and pass appropriate orders by providing an opportunity of personal hearing to the petitioner as well as the other stake holders, if any, including the 5th respondent herein within a period of three (03) months thereafter. In the meanwhile, there shall be an interim direction to maintain status-quo obtaining as on today by all the parties concerned in respect of the property admeasuring to an extent of Ac.4.90 cents in Sy.No.68-2 of Gopepalli Village, Nallamada Mandal, Sri Satya Sai District. Accordingly, the Writ Petition is disposed of. SCH