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2025 DAILYLAW 16562 (AP)

PAVULURU MOHAN RAO v. THE STATE OF ANDHRA PRADESH

WP/11000/2025 · 2025-05-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[ 3329 ] !N THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT! (Special Original Jurisdiction) WEDNESDAY .THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11000 OF 2025 Between: Pavuluru Mohan Rao, S/o Subbarayudu, Aged about 67 years. Occupation: Cultivation, R/o Hanumantharao Nagar, II Town, Gudur, Tirupathi District- 524 101. ,, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupathi District, Tirupathi. 3. The Sub-Collector, Gudur, Tirupathi District. 4. The Tahsildar, Gudur Mandal, Gudur, Tirupathi District. 5. The Special Deputy Collector, Land Acquisition, Telugu Ganga Project Rapur, Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or order, direction of directions. Writ or Writs particularly in the nature of Writ of Mandamus declare the action of the 4‘^ respondent in forwarding the report vide RC. No. 559/2015 dated 21-10-2024 to 5*^ respondent along with revenue records without making a signature and thereby not considering the request of the petitioner to send signed revenue record to the 5*^ respondent as illegal, arbitrary and in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 4‘^ respondent to forward signed revenue records to the 5th respondent pertaining to the lands in Sy. No. 1048/2 of Vinduru Village, Guduru Mandal, Tirupathi District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4**^ respondent to forward signed revenue records to the 5*^ respondent about the lands in Sy. No. 1048/2 of Vinduru Village, Guduru Mandal, Tirupathi District. Counsel for the Petitioner(s);SRI. T D PAN! KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010220382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SfflH [3329] .tTir!: WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11000/2025 Between: Pavuluru Mohan Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.T D PANI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11000 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus declaring the action of Respondent No.4 in forwarding the report vide Rc.No.559/2015 dated 21.10.2024 to respondent No.5 along with revenue records without making a signature and thereby not considering the request of the petitioner to send signed revenue record to the respondent No.5 as illegal and arbitrary. 2. The case of the petitioner in brief is that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.6.00 cents in Sy.No.1048, Khata No.506 and Ac.9.94 cents in Sy.No.1048, Khata No.633 of Vinduru Village, Guduru Mandal, Tirupathi District. Similarly Petitioner’s wife is also the absolute owner and possessor of the land admeasuring to an extent of Ac.6.50 cents in Sy.No.1048, Khata No.381 of Vinduru Village, Guduru Mandal, Tirupathi District. Considering their rights over their respective lands, the revenue authorities mutated their names at the revenue records in respect of their respective lands. While so, respondent No.5 issued a notification under the provisions of the Right to fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to acquire the lands for construction of a canal. Pursuant to the said notification, respondent No.5 notified a land to an extent of Ac.0.50 cents out of Ac. 1.34 cents in Sy.No. 1048/2 in the name of ss» Smt. Gudipati Krishnamma, who is no way concerned with the subject iand the subject land stands in the the petitioner herein submitted respondents with all title documents and as name of the petitioner. Aggrieved by the a representation dated 22.09.2023 to the revenue records. 3. The further case of the petitioner is that respondent No.5 addressed a letter to respondent No.4 during the award enquiry for the land Ac.0.50 cents in Sy.No.1048/2. In response to the said letter same to an extent of respondent No.4 forwarded his report along with all the revenue records on 21.10.2024 without making his signature on the enclosed revenue records along with the report. Aggrieved by the same, the petitioner herein filed the writ petition. On the other hand, learned Government Pleader for the ‘t. respondents also placed on record the written instructions dated 29.04.2025 issued by respondent No.4, wherein, the relevant portion of the said instructions is extracted hereunder; “In this connection, it is concluded that the history of the however shows that there case are several litigations between the petitioners and remaining pattadars pending in O.S.No.33/2016 before the VII Additional District Judge Court, Gudur and interlocutory applications are adjudicated in C.M.A. No.8/2006 and W.P.No.25361 of 2022 are pending. So, it is not possible to conclude the title over the subject land as land is purely patta land. ” 5. Learned Government Pleader for the respondents supported communication/letter dated 21.10.2024 issued by Respondent No.4 in all respects. He submits that, the Mandal Revenue Officer does not have the the authority to determine the title of the property and requested to dismiss the writ petition. 6. Heard learned counsel for the petitioner, learned Government Pleader for Stamps and Registration and perused the material available on record. The observation of the respondent vide communication/letter dated 21.10.2024 that the Mandal Revenue Officer/Tahsildar does not have the authority to determine title of the property is valid and sustainable. Moreover, it is settled law that, the Revenue authority has got no jurisdiction to decide the title of any immovable property, but a Civil Court is alone competent to resolve title disputes between individuals. Therefore, the Tahsildar is not competent authority to deal with the title of the property and Respondent No.4 rightly issued the letter dated 21.10.2024 and communicating the same. Therefore, this Court finds no ground to interfere with the letter issued by Respondent No.4 in the present case. However, the petitioner is at liberty to approach the civil court, if advised, for deciding the title in respect of the subject property within a period of two (02) months from the date of receipt of a copy of this order. With the above direction, writ petition is disposed of. No costs. Consequently, miscellaneous applications pending if any, shall stand 7. 8. 9. closed. \ Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department,State of Pradesh, Secretariat Building, Velagapudi District. [By Special Messenger] Andhra Amaravathi, Guntur 2. The District Collector, Tirupathi District, Tirupathi. 3. The Sub-Collector, Gudur, Tirupathi District. 4. The Tahsildar, Gudur Mandal, Gudur, Tirupathi District. 5. The Special Deputy Collector, Land Acquisition, Telugu Ganga Project, Rapur, Nellore District.[2 TO 5 BY RPAD] 6. One CC to SRI. T D PANI KUMAR Advocate [OPUC] I wo CCs to GP hUR KbVbNUE ,High Court Of Andhra Pradesh. [OUT] (. 8. Three CD Copies HIGH COURT \ DATED:07/05/2025 ORDER WP.No.11000 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS