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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITION Nos: 11174 of 2022 & 24994 of 2022 and CRP No.1072 of 2022 WRIT PETITION NO: 11174 OF 2022 Between: 1) Tonangi Nandodu, S/o Late Asirappayya, aged about 64 Hindu, Cultivation, resident of Door No. 1-155/A, Chilakapalemjillage, Etcherla Mandal, Srilcakulkm District. Tonangi Adinarayana, S/o Mahalakshmi, aged 50 years, Hindu, R/o Yadava Street, R/o Chilakapalem \allage, Etcherla Mandal,’ Srikakhlarn District. Tonangi Surodu, w/o Sureedu, aged 41 years, Hindu, R/o Yadava Street, R/o Chilakapalem village, Etcherla Mandal Srikakulam District. Landa Appalanarasamma, w/o Eswara Rao, aged 48 years, Hindu R/o Samvanipeta village, Etcherla mandal, Srikakulam District. ’ ‘ Pesala Raju, w/o Appanna, aged 38 years, Hindu, R/o Yadava veedhi, . Chilakapalem village, Etcherla mandal, Srikakulam District. Tonangi Asirinaidu, S/o Asiriappayya, aged 58 years, Hindu, R/oYadava veedhi, Kajipeta village, Ponduru mandal, Srikakulam District. Tonangi Ramalakshmi, w/o Adinarayana, aged 45 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla Mandal Srikakulam District. Tonangi ganesh, S/o Asiriappayya, aged 46 years, Hindu, R/o Yadava veedhi, Cbilakapalem village, Etcherla Mandal, Srikakulam District. Korada Ainmanna, w/o Asirodu, aged 61 years, Hindu R/o Yadava veedhi, Chilakapalem village, Etcherla Mandal Srikakulam District. Tonangi Pydiyya, S/o Surayya, aged 54 years, Hindu, „Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. Tonangi Suribabu, S/o Surayya, aged 52 years, Hindu, Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. Pesala Parvathi, w/o Guru\Tj:lu, aged 64 years, Hindu, Yadava vee^ii Chilakapalem village, Etcherla Mandal, Srikakulam District. Yarmava Vij^ya, w/o Dalinaidu, aged 44 years, Hindu, R/o Kotha SC Colony, ]^o Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. years. 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13)
Yandava Gopaludu, S/o Latchayya, aged 42 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. Botta Ramulamma, w/o Surodu, aged 62 years, Hindu, R/o RMB Colony, R/o Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. Botta Surappamma, w/o Adinarayana, aged 52 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. Botta Asirivadu, S/o Somulu, aged 54 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. Tonangi Asiramma, w/o Nandodu, aged 58 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District. Chilaka Satyam, S/o Surapunaidu, aged 71 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla Mandal, Srikakulam District.
Botta Asirinaidu, S/o Gangulu, aged 41 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Botta Asirappadu, S/o Bangari, aged 51 years, Hindu, R/o Yadava yeedhi, Chilakapalem village, Etcherla inandal, Srikakulam District. Botta Rarnana, S/o Bangari, aged 36 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, ‘ Srikakulam District. Chalagala Suramrna, w/o Ramulu, aged 46 years, Hindu, R/o S.C. Colony, Narasapuram village, Ponduru Mandal, Srikakulam District. Tonangi Ramaswami, S/o Surappadu, aged 66 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Tonangi Appa Rao, S/o Sanyasi, aged 6.s years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Orikakulaiii DisLriuL. Tonangi Ramanamma, w/o Yarrayya, aged 46 years, Hindu, R/o Yadava veec^i, Chilakapalem village, Etcherla mandal, Srikakulam District. Kantubothu Dhulokadu, U/u LaLciiuiiiu, aged 76 years, Hindu, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, ’ ’ Srikakulam District. Regan i Appalasuramma, w/o Yellappadu, aged 51 years, Hindu, R/G Segidi veedhi, Chilakapalem village, Etcherla mandal, ' Srikakulam District. 14- 15 .fi. 16. 17. 18. 19-
20. 21. 22. 23. 24. 25. 26. 27. 28)
29) Korada Trinadha Rao, S/o Appalasuri, aged 28 years, Hindu, R/o Konda veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 30) Regana Appanna, S/o Simmayya, aged 58 years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 31) Regana Adinarayana, S/o Yandavadu, aged 52 years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 32) Regana Suramma, w/o Ramanna, aged 46 years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 33) Regana Narasayya, S/o Yendodu, aged 43 years, R/o Yadava Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 34) Regana Venkanna, S/o Yendodu, aged 44 years, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Korada Mangamma, w/o Appanna, aged 41 years, Hindu, R/o Kondapeda, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Gadidasu Asirarnma, w/o Adinarayana, aged 51 years, Hindu, R/o Yadava veedhi, Narasapuram village, Ponduru mandal, Srikakulam District.
Korada Simhachalam, S/o Ramayya, aged 44 years, Hindu, R/o Mangla veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Korada Lal<shmi, w/o Appanna, aged 37 years, Hindu, R/o Mangla yeedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Korada Asirodu, S/o Boddodu, aged 66 years, Hindu, R/O Mangla veedhi, Chilakapalem village, Etcherla mandal, ■ Srikakulam Dist. Korada Appalaraju, S/6 Appara^u, aged 31 years, Hindu, R/o Pedda veedhi, Ghilakapalerh village, Etcherla mandal, Srikakulam Dist. Korada Parvathi, w/o Apparao, aged 46 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla mandal, ’ Srikakulam Dtet. Jarajapu Seethararnu, S/o Appayya, aged 62 years, Hindu, R/o S.C. veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist: Lingala Karuvuvadu, S/o Asirodu, aged 81 years, Hindu, R/o S.C. veedhi, Chilakapalem village, Etcheida mandal, Srikakulam Dist. 35) 36) 37) 38) 39) 40) 41) 42) 43)
44) Lingala Ramakxishna, S/o Asirodu, aged 66 years, Hindu, R/o S.C. veedhi, Chilakapalem village, Ktcherla mandal, Srikakulam Dist. 45) Pathinavalasa Raja Rao, S/o Mandalodu, aged 6i years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Pathivalasa Ramanamma, w/o Mahalakshmi, aged 53 years, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Pathinavalasa Gurumurthy, S/o Mandalodu, aged 46 years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Maddi Polamma, w/o Ramulu, aged 64 years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Pathinivalasa Rajarao, S/o Appayya^ aged 51 years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Pathinavalasa Mahesh, S/o Appayya, aged 40 years, Hindu, R/o Segidi veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Bommidi Surappadu, S/o Kamayya, aged 71 years, Hindu, R/o Segidi veedhi, Chilakapalem village^ Etcherla mandal, Srikakulam Dist. Etcherla Asirayya, S/o Pentayya, aged 58 years, R/o S;C. veedhi, Chilakapalem. village, Etcherla mandal, Srikakulam Dist. Etcherla Rama Rao, S/o Pentayya, aged 56 years, Hindu, R/o S.C. veedhi, Chilakapalem village, Etcherla mandal, Srikakulam Dist. Putta Apparao, S/o Pentayya, aged 54 years, Hindu, R/o S.C. veedhi, Chilalcapalem village, Etcherla mandal, Srikakulam Dist.
Putta Thavudu, S/o Papayya, aged 58 years, Hindu, R/o S.C. veedhi, Chilakapalem village, lEtcherla mandal, • Srikakulam Dist. Putta Papamma, w/o Gannayya, aged 61 years, Hindu, R/o S.C. veedhi, ChilakapalemAullage, Etcherla niandal, Srikakulam Dist. Putta Ooiiiaijimia, vy/u Dlmlokadu, aged 5years,. Hindu, R/p S.C. veedhi, Chilakapalem village,SEtcherla mandal, Srikakulam Dist. Putta Satyara, S/o Latchiyya, aged 50 years, Hindu, R/o S.C. veehhij Chilakapalem village^ Etcherla mandal, Srikakulam Dist. " 46) 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 37) 58)
59) Yadla Govinda, S/o Dalayya, aged 32 years, Hindu, R/o Yadla veedhi, Kajipeta village, Ponduru mandal, Srikakulam District. Yadla Mallesh, S/o Dalayya, aged 41 years, R/o Yadla veedhi, Kajipeta village, Ponduru mandal, Srikakulam District. Yadla SuryanStayana, S/o Dala3va, aged 45 years, R/o Yadla veedhi, Kajipeta village, Ponduru mandal, Srikakulam District. Pesala Guruvulu, S/o Damalu, aged 74 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Laveti Mahalakshmi, w/o Ganneyya, aged 77 years, R/o S.C. Colony, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Ramu, S/o Asirappayya, aged 56 years, Hindu, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Krishnamma, w/o Thavitinaidu, aged '61 years, Hindu, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Venkanna, S/o Surayya, aged 51 years, Hindu, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Asirinaidu, S/o Gopiyya, aged 53 years, Hindu, R/o Pedda Veedhi, Chilakapalein village, Etcherla mandal, Srikakulam District. Gonti Chinnammadu, w/o Neeiayyya, aged 61 years, Hindu, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Govindaraju, S/o Atchanna, aged 48 years, Hindu, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Raja Rao, S/o Atchanna, aged 44 years, Hindu, R/o Pedda Veedhi, Chilakapalem village; Etcherla mandal, Srikakulam District. Chilaka Dalappadu, S/o Chinna Venkanna, aged 80 years, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Paparao, S/o Venkanna, aged 66 years, Hindu, R/ o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Suiyanarayana, S/o Venkanna, aged 64.
years, Hindu, R/o Pedda Veedlii, Chilakapalem village, Etcherla mandal, Srikakulam District; 60) 61) 62) 63) 64) 65) if. 66) 67) 68) 69) 70) 71) 72) 73)
74) Chilaka Asirinaidu, S/o Chinlia Veiikanna, aged 68 years, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Chilaka Venkata Rao, S/o Venkanna, aged 67 years, R/o Pedda Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Tonangi Chilakayya, S/o Simmayya, aged 61 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Botta Surappamma, w/o Adinarayana, aged 5a years, R/o RMB Colony, Chilakapalem village, Etcherla mandal, Srikakulam District Tonangi Dalayya, S/o Appayya, aged 54 years, Hindu, R/o Yadava veedhi, Chilakapalem \allage, Etcherla mandal, Srikakulam District. Botta Srinuvasa Rao, S/o Yailayya, aged 46 years, Hindu, R/6 RMB Colony, Chilakapalem village, Etcherla mandal, Srikakulam District. Botta Lakshmi, w/o Venkatappadu, aged 44 years, Hindu, R/o RMB Colony, Chilakapalem village, Etcherla mandal, Srikakulam District. Putta Maliesh, S/o Yarrayya, aged 67 years, Hindu, R/o S.C. Colony, Chilakapalem village, Etcherla mandal, Srikakulam District. Botta Lakshmi, w/o. Asirappadu, aged: 48 years, Hindu, R/o Yadava vee<pii, Chilakapalem village, Etcherla mandal; Srikakulam District. Putta Kapiieswara. Rao, S/o Yarrayya, aged 64 years, Hindu, R/o SC Cdloriy, Chilakapalem village, Etcherla mandal, Srikakulam District: Putta Krishna Kumari, w/o Lakshmana ELao, aged 44 years, R/o SC Colony, Chilakapalem village, Etcherla mandal, Srikakulam District. Putta Rartia Rao, S/o;Yarrayya, aged 61 years, Hindu, R/o SC Colony, Chilakapalem village, Etcherla mandal, Srikakulam District. Putta Rajakumari, w/o Yailayya, aged 33 years, Hindu, R/O SC Colony, Chilakapalemvillage, Etcherla mandal, Srikakulam District. 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) 86) 87) Etcherla Vijayanirmala, w/o Jagannadlid Rau, aged 5/ years. R/o SC Colorijr, Chilakapalem village, Etcherla man(fel,’ Srikakulam District 88) Putta Gannayya, S/o Neelayya, aged 54 years, Hindu, R/o SC Colony; Chilakapalem village, Etcherla mandal, Srikakulam District. 89) Putta Surayya, S/o Neelayya, aged 76 years, Hindu, R/o SC Colony, Chilakapalem village, Etcherla mandal, Srikakulam District.
90) Kantubhukta ^ahalakshmi, w/o Trinadhd, aged 52 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 91) ICantubhukta Tavudu, S/o Latchumu, aged 70 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 92) Latchubothu Appalasuramma, vs^/o Suryanarayana, aged 64 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 93) Kantubhukta Asirappadu, S/o Latchumu, aged 53 years, Hindu, R/o Bevara veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 94) Latchubothu Pydiyya, S/o Appayya, aged 66 years, R/o Bevara veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 95) Appikonda Sanyasamma, w/o Adiyya, aged 72 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 96) Korada Sanyasi, S/o Somulu, aged 56 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 97) Dukka Ariidra, w/o Adinarayana, aged 38 years, Hindu, R/o Dukka veecUii, Chilakapalem village, Etcherla mandal, Srikakulam District. 98) Sappa Lakshmi, w/o Asirodu, aged 64 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District: 99) hotta Raja R.ao, S/o Barikivadu, aged 56 years, Hindu, R/o Yadava Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 100) Botta Suribabu, S/o Barikbdu, aged 45 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 101) Korada Ra, S/o Dalayya, aged 42 years, Hindu, R/o Yadava Veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 102) Chilaka Appalanaidu, S/o Surayya, a;ged 78 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Eltcherla mandal, Srikakulam District. 103) Botta Lakshmi, w/o Venkatappadu, aged 52 years, R/o RMB veedhi,. Chilakapalem village, Etcherla mandal Srikakulam District;
104) Botta Srinuvasa Rao, S/o Yalla3^a, aged 62 years, Hindu, R/o RMB veedlii, Chilakapalem village, Etcherla mandali ' Srikakulam District. 105) Kotni Yallamma, vv/o Pentayya, aged 64 years, R/o Dukka veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 106) Botta Asirappadu, S/o Surayya, aged 62 years, Hindu, R/o RMB Colony, Chilakapalem village, Etcherla mandal, Srikakulam District. 107) Botta Appa Rao, S/o Surayya, aged 73 years, Hindu, R/o Rayala veedhi, Balaga, Srikakulam Town and District.
108) Chitada Narasamma, w/o Raja Rao, aged 55 years, Hindu, R/o S.C. Colony, Etcherla village and mandal, Srikakulam District. 109) Sontyana Jayalakshmi, w/o Ramulu, aged 42 years, Hindu, R/o S.C. Colony, Etcherla village and mandal, Srikakulam District. Etcherla Rajesh, S/o Bhuloka, aged 41 years, Hindu,. R/o S.C. Colony, Etcherla village and mandal, Srikakulam District. Naviri Kalyani, w/o Jayaramayya, aged 46 years, Hindu, R/o S.C. Colony, Etcherla village and mandal, Srikakulam District. Arubariki Nagamani, w/o Etcherla Rama Rao, aged 43 years, R/o S.C. Colony, Etcherla village and mandal, Srikakulam District. 113) JarajapuMugathamma, w/o Lakshminarayana, aged 46 years, R/o S.C. Colony, Etcherla village and mandal, Srikakulam District. 114) Kaki Chinnodu, S/o Bodeyya, aged 55 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 115) Korada Appanna, S/o Asirodu, aged 44 years, Hindu, . R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. Korada Boddodu, S/o Asirinaidu, aged 42 years, Hindu, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 117) Tonangi Suryanarayana, s/o Raniayya, aged 61 years, R/o Yadava veedhi, Chilakapalem village, Etcherla mandal Srikakulam District. Chilaka Mahalakshmayya, S/o Asirappayya, aged 61 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 119) Chilaka Ramulamma, w/o Malacchi, aged 4 ynar?; Hindu, P./o Pedda veedhi, Chilakapalem village, ELeheila iiiaudal, Srikakulam District: 120) Chilaka Gowramma, w/o Appayya, aged 71 years, Hindu, R/o Pedda veedhi, Chilakapalem village, Etcherla mandal, Srikakulam District. 110) 111) 112) 116) ? 118) ...Petitioners’
And The State of Andhra Pradesh Represented by its Principle Secretaiy (Revenue Department), Secretariat, Velagapudi, Amaravathi, Guntur Dist. 1 he District Collector, Srikakularn, Srikakulam District. The Revenue Divisional Officer, Srikakulam, Srikakulam District. The Tahsildar, Etcharla Mandal, Srikakulam District. Andhavarapu Venkata Appa Rao S/o Late Govinda Rajxiln, JJ Hindu, aged about 67 years, R/oOcc: Business, ^ R/o Pandumpulla Centre, Near Soda Gas Shop, Kalinga Road, Srikakulam Town and District.
Andhavarapu Kr-ishnariiurthy S/o Late Govinda Rajulu, Hindu, aged about 65 years, R/oOcc: Business, R/o Pandumpulla Centre, Near Soda Gas Shop, Kalinga Road, Srikakulam Town and District. 1) 2) 3) 4) 5) pJ, 6) 7) Andhavarapu Rama Rao S/6 Late Govinda Rajulu, If^ndu,:aged about 58 years, R/o0.cc: Business, R/o Pandumpulla Centre, Near Soda Gas Shop, Kalinga Road, Srikakulam To^^m and District. 8) Axidhavarapu Lakshmana Rao S/o Late Govinda Rajulu, Hindu, aged about 56 years, R/oOcc: Business, R/o Pandumpulla Centre, Near. Soda Gas Shop, Kalinga Road, Srikakulam Town and District. ’ .... Respondents \
9. Andhavarapu Laxmi W/o Late Andhavarapu Venkata Appa Rao Hindu, aged about 64 years D_ No. 10-2-93, Ram N;gai-Road, LBS Colony, Srikakulam. Andhavarapu Jyothi Rani, Venkaa Appa Rao Hindu, aged about 48 years lVo^D.No.10-2-93. Ran, Nigar Road, LBS Colony, Srikakulam. Andhavarapu Deepchand, S/o. Late Andhavarapu Venkata Hindu, aged about 36 LBS Colony, Srikakulam. Andhavarapu Aruna Kumari Daughter-in law/o. Late Hindu, aged about 35 ^o_D.No. 10-2-93, Ran, Nagar Road, LBS Colony, Srikakulam. Kumari,
10. 11. Appa Rao, years. 12. ye Andhavarapu Venlcata Appa Rao,
o RR 9 to 12 are brought on record as LRs to the deceased s"* respondent per the CO dated.13.07.2023 vide order passed in lA No.1 of 2023. as Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or direction may more particularly one in the nature of Writ of Mandamus to declare the inaction of the Respondents 1 to 4 in consider the representations of Writ No. Petitioners for grant of Act, 1956 in respect Ryotwari Patta under Section 7 of the Inams Abolition of lands in Sy. Nos. 1 to 22 with sub divisions covered by T.D.Nos.
647, 218 and 219 of Narayanapuram Agraharam Village (erstwhile Cheepurupalle Taluk and presently in Etcherla Mandal of Srikakulam District) grant of Ryotwari Patta to Inamdars Andhavarapu Govindarajlu family members 5*^ to 8*^ Respondents by the 4**^ Respondent proceedings Rc.No.812/86-A, dated 10- since the and his in his 12-1991 (EX.PI) and grant of Ryotwari Patta to them under Section 7 of the Act in D.Dis.37/95/A, dt.29-oa^ 1995 (Ex.P2) without notice to ryots who are ancestors of petitioners eligible for grant of ryotwari patta as illegal, void, in violation of principles of natural justice and absurd and consequently direct the Respondents not to dispossess the physical possession of the petitioners in respect of lands covered by Sy.Nos. 1 to 22 with sub divisions covered by T.D.Nos. 647, 218 and 219 of Narayanapuram Agraharam (erstwhile Cheepunipalle presently in Etcherla Mandal of Srikakulam Dist). Taluk and lA NO: 1 OF 2099 t^etltion 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 restrain the Respondents not to interfere into the petitioners physical pubbtJbsiuri of the lands in respect of Sy. Nos. 1 to 22 with sub of Narayanapuram divisions covered by T.T.D.Nos.647, 218 and 219
I I { Agraharam (erstwhile Cheepurupalle Taluk and presently in Etcherla Mandal of Srikakulam District). Counsel for the Petitioner; SRI K S GOPALA KRISHNAN Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI PRAKASH BUDDARAPU WRIT PETITION NO: 24994 OF 2022 Between:
1. Thonangi Nandhoci S/o. Late Asirappayya, aged about 63 years, R/o. D. No. 1-32, Gollaveedhi, ChilakapaleiT Etcherla Mandal, Srikakulam T Srikakulam District, A.P. own. 2. Thonangi Appa Rao, S/o. Late Sanyasi, aged about 62 R/o. D. No. 1-33, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
3. Thonangi Chilakad S/o. Late Simma3^a, aged about 60 R/o. D. No. 1-37, Chilakapal Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
4. Thonangi Pydayya, S/o. Late Surayya, aged about 53 R/o. D. No. 1-45, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
5. Thonangi Ganesh, S/o. Late Asirappayya, aged about 45 R/o. D. No. 1-65, Chilakapal Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
6.
Thonangi Sooreedamma, W/o. Late Suri, aged about 42 R/o. D. No. 1-45, Chilakapale Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P. Thonangi Adhinarayana, S/o. Late MahaLaucmudu, aged about 55 years, R/o. D. No. 1-85, Gollaveedhi, Chilakapalem Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P. Botta Asirodu, S/o. Late Baiogari, aged about 55 R/o. D. No. 1-45, Chilakapal EtcherlaMandal, SrikakulamTown, Srikakulain District, A.P. years u. yeai's. em. years. years. em. years. m.
7. 8. years. em. 9. Botta Ramana, S/o. Late Bangari, aged about 34 years, R/o. D. No. 1-85, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P. lO.Thonangi Ramaswami, S/o. Late Soorayya, aged about 68 years, R/o. D. No. 3-15, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
11. Pesala Somulu, S/o. Late Guruvulu, aged about 70 years, R/o. D. No. 2-45, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
12. Regana Adhinarayana, , S/o. Late Yendoda, aged about 55 years, R/o. D. No. 1-75, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P. ...Petitioners And
1. The State of Andhra Pradesh, Rep. by its Prl. Secretary, Department of Mines and Geology, Sri Anjaneya Towers, D. No. 7-104, B-Block, 5th ^ 0th pioors, Ibrahimpatnam, Vijayawada, NTR District, A.P.
2. The State of Andhra Pradesh, Rep. By its Prl. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 3. The Director of Mines & Geology, Department of Mines and Geology, Sri Anjaneya Towers, D. No. 7-104, B-Block, 5th gj 0th Floors, Ibrahimpatnam, Vijayawada. NTR District, A.P.
4. The Deputy Director of Mines & Geology, Department of Mines and Geology, Plot No. 6, 1®‘ Floor, Vysya Bank Colony, Srikakulam, Srikakulam District. A.P.
5. The Asst. Dn-eccor of Mines & Geology, Department of Mines and Geology, D. No. 1-4/6-3/2, Shantinagar Colony, Srikakulam, Srikakulam District, A.P.
6. The District Collector, Srikakulam District, Srikakulam. 7. The Revenue Divisional Officer,
Srikakulam Revenue Dmsion, Kothapeta, Srikakulam, Srikakulam District, A.P.
8. The Mandal Revenue Officer, Etcherla Mandal, Srikakulam District. 9.
Donka Srinivasa Rao, S/o. Atchuta Rao, aged about 40 years, R/o. D. No. 2-125, AsirammaVari Temple, Chilakapalem Village, Etcherla Mandal, Srikakulam District, A.P.
10. Andhavarapu Venkatappa Rao, [c\)e./) S/o. Late GovindaRajulu, aged about 60 years, R/o. Punya A3 Homes, L.B.S. Colony, Srikakulam Town and District, A.P. ...Respondents
11. Andhavarapu Laxmi Kumari, W/o Late Venkatappa Rao, aged about 64 years, R/o H.No. 10-2-93, Ram Nagar Road, LBS Colony, Srikakulam Urban, Srikakulam District, A.P.
12. Andhavarapu Deepchand, S/o. Late Venkatappa Rao, aged about 36 years, - R/o H.No. 10-2-93, Ram Nagar, Road, LBS Colony, Srikakulam Urban, Srikakulam district, A.P.
13. Andhavarapu Jyothi Rani, D/o. Late Venkatappa Rao, aged about 48 years, R/o H.No.10-2-93, Ram Nagar, Road, LBS Colony, Srikakulam Urban, Srikakulam district, A.P.
14. Andhavarapu Aruna Kumari, D/o.Not Known, aged about 35 yems, R/o H.No. 10-2-93, Ram Nagar, Road-, LBS Colony, Srikakulam Urban, Srikakulam district, A.P.
N RR 11 to 14 are brought on record as LRs to the deceased RIO as per the CO dated.13.07.2023 vide order passed in lA No. 1 of 2023. 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 more particularly one in the nature of Writ of Mandamus declaring the action of the Official Respondents in granting permissions to the Unofficial Respondents to carry out quarry Etcherla Mandal, works in Survey No. 1-2 of Narayanapuram Village Srikakulam District as illegal, arbitrary and in violation of law and against the Article 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the impugned proceedings vide Rc. No. 2399/Q/2021 dated 13.06.2022 and Rc. No. 2002/Q/2021 dated 02:07.2022 issued by the Official Respondents No, 4, 5. lA NO: 1 OF 202?
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 pass an interim order by suspending the impugned proceedings vide Re. No. 2399/Q/2021 dated 13.06.2022 dated 02.07.2022 issued by the Official Respondents disposal of the above writ petition. and Rc. No. 2002/Q/2021 No. 4 and 5, until Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondents: GP FOR MINES AND GEOLOGY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI PRAKASH BUDDARAPU aVIL REVISION PETITION NO: 1072 OF 2099 Petition under Article 227 nf the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to aggrieved by the said impugned order passed by Junior Civil Judge, Srikakulam I.A. No.119/2022 Hon'ble I Addl. in I.A. No. 67/2022 in O.S.
No. 94/2022 dated 19.05.2022, the present petition being filed challenging the said impugned order. Between:
1. Thonangi Naiidhodu, S/o. Late Asirappayya, aged about 63 years, R/o. D. No. 1-32. Gollaveedhi, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
2. Thonangi Appa Rao, S/o. Late Sanyasi, aged about 62 years, R/o. D. No. 1-33, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
3. ThonangiChilakadu, S/o. Late Simmayya, aged about 60 years, R/o. D. No. 1-37, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
4. Thonangi Pydayya, S/o. Late Surayya, aged about 53 years, R/o. D. No. 1-45, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
5. Thonangi Canesh, S/o. Late Asirappayya, aged about 45 years, R/o. D. No. 1-65, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P. ( Etcherla Mandal' f ' Srikakulam Wsilc"S ThonangiAdhinarayana, R/o. D. No. /®®rs Etcherla Mandal' s/tokSf Srikakulam Distric-t years. 7. 8. B ottaAsiro du, R/o.' years. 9- Botta Ram ana, S/o. Late Hangari, R/o. D. No. 1-85, aged abont 34 „ Cliilakapalem, Etcherla Manclal, Srikaknlam orikakulam District, years. Town, A.P.
10. J^honangiRamaswami, S/o. Late Soorayya, aged about 68 R/o^ D. No. 3-15, Chilakapalem, Etcberla Mandal, Srikaknlam Town Srikakulam District, years. A.P. 11 ■ Pesala Somulu, S/o. I^te Guruvulu, aged about R/o. D. No. 2-45, Chilakapale Etcberla Maud^l, Srikakulcon Town, Srikakulam District, A.P. ReganaAdhinarayana.
R/o aged about 55 years, R/o. D No. 1-75, Cbilakapalem, Etcberla Mandal, Srikakulam Town Srikakulam District, 70 years. m.
12. A.P. ...Petitioners And (^.^dhavarapu Venkatappa Rao, S/o. Late GovindaRajulu, R/o. Punya A3 Home_ Srikakulam Town and — per LR.S aged about 60 s, L.B.S. Colony, • - District, A.P. years, ji
2. Andbavarapu Krishna Murthy, S/o. Late GovindaRajulu, aged about 68 year's, R/o. D. No. 11-4-636/1/1, Flat No. 402, Apex Apts., Opp. Income Tax Towers, A.C. Guards, Hyderabad, Telangana State. 3.Thonangi Rama Rao, S/o. Late Appayya, aged about 55 years, R/o. D. No. 1-65, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
4. Thonangi Asirodu, S/o Soorayya, aged about 50 years, R/o. D. No. 1-40, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P. b.Thoriongi .Soori Rnhii. o. Late Sanyaoi, aged about 61 yoaro, C' / R/o. U. No. 1-bb, Chilakapalem, Etcherla, IHanda.], .SrikaLnlom 'Lnwn Srikakulam District, A.P. ...Respondents (The Respondents No. 3 to 5 herein are not necessary to the suit O.S. No. 94/2022 and to this Civil Revision Petition.]
1'^ e.Thonangi Sooreedamma, W/o. Late Suri, aged about 42 years, R/o. D. No. 1-45, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
7. ThonangLAdhinarayana, S/o. Late MahaLaxmudu, aged about 55 years, R/o. D. No. 1-85, Gollaveedhi, Chilakapalem, Etcherla Mandal, Srikakulam Town.^ Srikakulam District, A.P.
8. BottaAsirodu, S/o. Late Bangari, aged about 55 years, R/o. D. No. 1-45, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam Distinct, A.P.
9. Botta Ramana, S/o. Late Bangari, aged about 34 years, R/o. D. No. 1-85, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam District, A.P.
10. ThonangiRamaswami, S/o. Late Soorayya, aged about 68 years, R/o. D. No. 3-15, Chilakapalem, Etcherla Mandal, Srikakulam Town, Srikakulam Distinct, A.P.
6. Andhavarapu Laxmi Kumari, W/o.Late Ver&atappa Rao, about 64 years, R/o.H.Nc.10-2-93, Ram Nagar Road, U3S Colony, Srikakulam Urban, Srikakulam District, A.P.
7. Andhavarapu Deepchand, S/o.Late years, R/o.H.No.10-2-93, Ram Nagar Urban, Srikakulam District, A.P.
8. Andhavarapu Jyothi Rani, D/o.Late years, R/o.H.No.10-2-93, Ram Nagar Urban, Srikakulam District, A.P.
9.
Andhavarapu Aruna Kumari, D/o. Not Known, aged about 35 R/o.H.No.10-2-93, Ram Nagar Road, LBS Colony, Srikakulam Urban, Srikakulam District, A.P. Venkatappa Rao, aged about 36 Road, UBS Colony, Srikakulam Venkatappa Rao, aged about 48 Road, LBS Colony, Srikakulam
Respondents Nos; 6 to 9 have been brought on record as LRs of deceased 1® respondent as per Court order dated- IA.No.1 of 2023 In C.R.P. No.1072 of 2022. {A NO; 1 OF 2022 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 suspend the impugned order passed in I.A. No. 119/2022 in I.A. No. 67/2022 in O.S. No. 94/2022 dated 19.05.2022 passed by the Hon'ble I Addl. Junior Civil Judge, Srikakulam, pending disposal of the Civil Revision Petition. 13-07-2023 vide lA NO; 2 OF 2022 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 extend the interim order passed by the Hon'ble High Court of A.P. dated 22.06.2022 in C.R.P. No. 1072 of 2022 to until further orders, pending disposal of the above Civil Revision Petition. Counsel for the Petitioners: SRI SRINIVASA RAO NARRA Counsel for the Respondents: SRI PRAKASH BUDDARAPU The Court made the following common order:
1 APHC010185872022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION Nos: 11174/2022 & 24994/2022 and CRP No.1072/2022 WP No.11174/2022 Between: Tonangi Nandodu and Others ...PETITIONER{S) AND The State Of Aikihra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.
K S GOPALA KRISHNAN Counsel for the Respondent{S): 1.GP FOR REVENUE 2.PRAKASH BUDDARAPU The Court made the following: COMMON ORDER: WP No. 11174 of 2022 is filed under Article 226 of the Constitution of India for the following relief; —to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the Respondents No 1 to 4 in consider the representations of Writ Petitioners for grant of RyotwariPatta under Section 7 of the Inams Abolition Act 1956 in respect of lands in SyNos 1 to 22 with sub divisions covered by T D Nos 647, 218 and 219 of NarayanapuramAgraharam Village erstwhile Cheepurupalle Taluk and presently in Etcherla Mandal of Srikakulam District since the grant of RyotwariPatta to InamdarsAndhavarapuGovindarajlu and his family members 2 5th to 8th Respondents by the 4th Respondent in his proceedings Rc No 812/86A dated 10.12.991 EX PI and grant of RyotwariPatta to them under Section 7 of the Act in D.Dis.37/95/A dt 29.01.1995 Ex P2 without notice to ryots who are ancestors of petitioners eligible for grant of ryotwaripatta as illegal void in violation of principles of natural justice and absurd and consequently direct the Respondents not to dispossess the physical possession of the petitioners in respect of lands covered by SyNos 1 to 22 with sub divisions covered by T D Nos.647, 218 and 219 of NarayanapuramAgraharam erstwhile Cheepunipalle Taluk and presently in Etcherla Mandal of SrikakulamDist and pass just and appropriate orders as the Court may deem fit and proper in the ends of justice...” WP No.24994 of 2022 is filed under Article 226 of the Constitution of India for the following relief: “ to issue a Writ Order or direction more particnlarlv one in the nature of Writ of Mandamus deciaring the action of the Official Respondents in granting permissions to the Unofficial Respondents to carry out quarry works in Survey No 12 of Narayanapuram Village Etcherla Mandal Srikakulam District as illegal arbitrary and in violation of iaw and against the Article 14 19 21 and 300A of the Constitution of india and consequentiy set aside the impugned proceedings vide Rc No 2399/Q/2021 dated 13.06.2022 and Rc No 2002/Q/2021 dated 02.07.2022 issued by the Officiai Respondents No 4 and 5 and pass ” As the issue involved in both the writ petitions is one and the same, they are being taken up
for hearing as well as disposed of by way of this Common
Order.
2. Since the facts in both the writ petitions are similar and identical, therefore WP No.11174 of 2022 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.
3.
Brief facts of the case are that, after Abolition of S.M. Puram Zamindari Estate as per Inams Abolition Act, the lands covered by T.D.Nos.647 admeasuring Ac.150-.39 cts. (Ac.117- 50 cents un-assessed Hill and Forest as per Inam 'B' Register, T.D. 218 covering Ac. 1-74 cts. and T.D.No.219 admeasuring Ac.6-76 cents of Narayanapuyram Village in
3 erstwhile Chepurupalli Taluk and in Etcherla Mandal was notified as Inam lands in an Inam Village not held by any institution as per Srikakulam District Gazette published on 05-05-1972 and hence the provisions of Section 56 of Inams Abolition Act (for short “the Act”) are applicable to these lands. It is stated that the ancestors of Writ Petitioners are tenants in occupation of the lands of Narayanapuyram Village in erstwhile Chepurupalli Taluk and at present in Etcherla Mandal though held by 4“^ Respondent in occupation of tenants as on the commencement of the Inams Abolition Act, but negatived the claim of the ancestors of writ petitioners to grant Ryotwari Patta to them falsely claimed that they failed to file any application for grant of the Patta before Revenue Court. It is further stated that the application filed by the Andhavarapu Govindarajlu (one of Inamdars) for himself and on behalf of his sons, who are 5""^ Respondents, as manager of family falsely claiming that there are no tenants under them, the 4*^^ Respondent though held that there are tenants, but have not turned claiming Ryotwari Patta, granted Ryotwari Patta to the Inamdars in respect of TD Nos. 647, 218 and 219 respectively falsely stating that notices were issued to tenants in occupation as on date of commencement of Act. The 4‘^ Respondent failed to act suo motu under Section 7 of the Act to consider the claims of tenants though there is no application for such grant. Thus, the Writ Petitioners have made several Representations dated 03.01.2021, 17.10.2020, 05.01.2019, 26.08.2015, 20.08.2014, 09.12.2013, 05.06.2013 & 26.08.2011 to the 4"’ respondent and
4 also to the 3'"^ respondent for grant of Ryotwari Pattas to them. But the respondents did not choose to consider the same. Hence the petitioners filed the present WP No.11174 of 2022. 4.
Taking advantage of the inaction of the revenue authorities, the unofficial respondent No.10 entered into lease agreement with the unofficial respondent No.9 for quarry lease in Sy No.1-2 for an extent of 1.42 Hectares of Narayanapuram village, Etcherla Mandal, Srikakulam District and thereupon the official respondent No.8 issued No Objection letter vide Rc No.101/2021 dated 23.06.2020 by stating that there is objection to carry on quarry works over in the said extent of land in Sy No. 1-2 of Narayanapuram village and granted permission in favour of the unofficial respondents to conduct quarry works for 10 years to mining of Gravel/Morrum/ord inary earth. Therefore, challenging the impugned proceedings vide Rc No.2399/Q/2021 dated 13.6.2022 and Rc No.2002/Q/2021 dated 2.7.2022 issued by the respondents No.4 and 5, the WP No.24994 of 2022 has been filed. 5. The counter affidavit has been filed by the 4‘^ respondent in WP No.11174 of 2022, wherein, while denying the allegations made in the petition, inter alia, contended that, during the year 1995, the then another Mandal Revenue Officer, Etcherla vide Proceedings in D.Dis.No.37/95A Dt.29.01.1995 had issued orders for grant of Ryotwar Pattas U/s 7 of the Act in addition to the Pattas already granted in Proceedings Rc.No.812/88 A Dt.10.12.1991 of the then Mandal Revenue Officer, Etcherla. As seen from Ihe registered document produced by the Inamdar, Document No.334 of Sub-
5 Registrar, Visakhapatnam, the lands of Narayanapuram Village covered by T.D.No.647 were purchased from Bamidipati Peddasanyasi and Cheemalakonda Appayya by Bontha Sambasivarao of Srikakulam and the same were sold to Andhavarapu Kristamma of Srikakulam on 31.01.1904 by the above sale deed. As seen from the registered partition deed No.2293 Dt.11.09.1989 of The Sub-Registrar, Ponduru after death of Kristamma, the lands of Narayanapuram went to the share of the Andhavarapu Govindarajulu and his sons and who are the present owners of the said land covered by T.D.Nos.647, 218 and 219 were shown in the document.
Therefore, Sri Andhavarapu Govindarajulu and his sons are entitled to grant Ryotwari Patta for the following Survey numbers in addition to the Pattas already granted in Proceedings Rc.No.812/88/A Dt.10.12.1991 of the Mandal Revenue Officer, Etcherla. Survey Number Classification Extent (in Acs) 19-1 to 16 Dry 5-90 21-1 to 38 Dry 17-40 22-1 to 19 Dry 7-82 1-2 52-15 Total 83—27 covered by Sy.Nos. 19, 21, 22 and 01 situated in Narayanapuram Village of Etcherla Mandal, Srikakulam District, it is stated that Joint Ryotwari Pattas were issued to the Inamdars i.e., 5th Respondent to 8th Respondents by the
6 then Revenue Authorities during the years. 1991 and 1995 respectively and the Writ Petitioners are claiming the said lands by filing this Writ Petition. It is further stated in the counter affidavit that the Writ Petitioners have failed to file the documentary evidence in support of their claim before the then Revenue Authorities. It is stated that the right of claiming tenancy rights forfeited as they have not filed any appeal before the competent authorities at the stage the petitioners not having any local standi to contest for their tenancy rights. Hence, the writ Petition is not maintainable under law. Therefore, the Hon'ble Court may be pleased to dismiss the Writ petition. were It is stated that this Writ Petition relates to the implementation of A.P. (Andhra Area) Inam Abolition and Conversion into Ryotwari Act, 1955, Act XXVII of 56 in Narayanapuram Village, Etcherla Mandal, Srikakulam District. After S.M.Puram Zamindari Estate was notified and taken over under the provision of A.P. (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, Act No. XXVIII of 1948, an enquiry was conducted suo-moto by the then Assistant Settlement Officer, Anakapalli in his Proceedings 1/35/50 Dt.29.08.1967 and it was held that the Village Narayanapuram is not an estate under Sec.3(2)(d) of the Estate Land Act and not an Inam Estate under Section 2(7) of the Estate Abolition Act.
It is further stated in the counter affidavit that, as seen from the DCB for Faslies 1357, 1358, 1359, 1360, the Inamdars are Andhavarapu Venkatesam etc., and the following ryots cultivated the land. 7
1. ChinniGurannaGuntiGurayya
2. ChilakaAkkalanafdu
3. TonangiAsirappa
4. PatinavalasaMahalaxmi
5. ChilakaDalappalanaidu Dry Ac 19.50 Ac 6.50 Ac 7.50 Ac 5.00 Ac 1.34 Ac 39.84 Dry Dry Dry Dry Total The above ryots have not filed any claims claiming the lands. Therefore they are not entitled for any land. As seen from the DCB of the village for the years 1957 to 66, the following ryots cultivated the lands. 1. ChinniGurannaGuntiGurayya
2. ChilakaAkkalanaidu
3. TonangiAsirappa
4. PatinavalasaMahalaxmi
5. ChilakaDalappalanaidu Ac 19.50 Ac 6.50 Ac 7.50 Ac 5.00 Ac 1.34 Ac 39.84 Total As the above ryots have cultivated the lands as on the commencement of the Inam Abolition Act 1956, they are entitled for Ryotwari Patta for 2/3 share provided that they prove as tenants viz., a lessee under a tenancy agreement express or implied or under any other law. It is further stated that the petitioners have failed to file the documentary evidence in support of their claim before the then Revenue authorities and that they cannot invoke the writ jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India as no legal right of the petitioners much less than the Fundamental right of the petitioner has been violated. It is also stated that the I Additional Junior Civil Judge, Srikakulam in lA No.119/2022 in lA No.67/2022 in O.S No.94 of 2022 filed by the Andhavarapu family against the 15 defendants seeking to grant police aid directing the SHO, Etcherla police station to prevent the defendants. Vide order dated 19.5.2022, the lAJCJ. Srikakulam has allowed the said lA and granted police aid in respect of the petition schedule properties to prevent
8 the defendants. Aggrieved by the said order, CRP No.1072 of 2022 has been filed.
It is stated that the right of claiming tenancy rights were forfeited as they have not filed any appeal before the competent authorities at the stage the petitioners are not having any locus standi to contest for their tenancy rights. Hence the present writ petition is not maintainable under law and liable to be dismissed. 6). The counter affidavit has been filed by the 7*^ respondent in WP While denying the allegations made in the petition reiterated the contents made in the counter affidavit of 5‘^ respondent. It is stated that the representations submitted by the petitioners submitted with a view to either for grant of Ryotwari Patta under the A.P. Inam Abolition Act or for questioning the grant of ryotwari patta to the ancestors of unofficial respondents. It is further stated that, the so called ancestors of the petitioners did not avail any remedies available within the statutory period as applicable and mentioned in the 4*^ respondent orders. Ryotwaripatta to the ancestors of the unofficial respondents vide proceedings in RcNo.812/86-A, dated 10.12.1991 and proceedings in D.Dis.37/95/A, dated 29.1.1995 have become final for all practical purposes. No.11174 of
2022. are never ever The grant of It is further stated that the writ petitioners in their writ affidavit along with exhibits failed to establish that the petitioners are related to a) Chinni Guranna b) GuntiGurayya c) ChilakaAkkala Naidu d) Tonangi Asirappa e) Patinavalasa Mahalaxmi f) ChilakaDalapala Naidu as ancestors and that no representation was over submitted for grant of Ryotwari Patta under Section / nt the inam.s
9 Abolition Act 1956 and as such do not deal with the Inam lands of 5^^ to th respondents or question the grant of Ryotwari Patta issued by the 4 respondent. It is further stated that the unofficial respondents would suffer irreparable loss, if the proceedings of the 4‘^respondent are declared as illegal th and that the petitioners have no locus standi and the orders of the 4 respondent have become final. Therefore, prayed to dismiss the writ petition. 7). The counter affidavit has been filed by the respondents No.9 and
10.
It is stated that even the land covered by the Sy.No.1-2 of Narayanapuram village, Etcherla Mandal, Srikakulam District, in which, the th license was granted by the competent authority in favour of the 9 respondent is not the subject matter at all in O.S No.94/2022. Therefore the suit and subject matter therein is no way concerned and connected to the land covered by the Licence granted by the competent authority and thereby the contention raised on that basis has no legs to stand and accordingly the writ petition is liable to be dismissed with exemplary costs. 8. Heard Sri K.S. Gopala Krishnan, learned Senior counsel representing Sri Narra Srinivasa Rao,
learned counsel appearing for the petitioners and Sri Prakash Budharapu, learned counsel appearing for the respondents. 9. On hearing, learned Senior counsel for the petitioners while reiterating the averments made in the petitions, contended that, according to Section 4 (b) of the said Act, if the lands are held by an Inamdar, other than an
10 institution as on the date of commencement of the Act and is in his actual occupation of the said date, the tenant who was declared to be in occupation of that lands as on 7-1-1948 by the Revenue Court under Section 5(3) of the Act shall be entitled for 2/3rd share and Inamdar is entitled for the remaining 1/3rd share. He submits that the ancestors of Writ Petitioners are tenants in occupation of the lands of Narayanapuyram Village in erstwhile Chepurupalli Taluk and at present in Etcherla Mandal though held by 4th Respondent in occupation of tenants as on the commencement of the Inams Abolition Act, but negatived the claim of the ancestors of writ petitioners to grant RyotwariPatta to them falsely claimed that they failed to file any application for grant of the Patta before Revenue Court. He further submitted that the ancestors of Writ Petitioners were all illiterates and were not aware of the notification issued by the Government and conduction of enquiry by Revenue Authority for grant of RyotwariPatta. Learned Senior counsel further submits that, based on the application filed by the Andhavarapu Govindarajlu (one of Inamdars) for himself and on behalf of his sons, who are 5th to 8th Respondents manager of family falsely claiming that there are no tenants under them, the 4th Respondent though held that there are tenants, but have not turned claiming Ryotwari Patta, has granted Ryotwari Patta to the Inamdars in respect of TD Nos. 647, 210 and 219 respectively falsely slating that notices were issued to tenants in occupation as on date of commencement of Act. Further, the 4th Re-spundenl failed to act suo motii under Section 7 of the Act
10. as
11 to consider the claims of tenants though there is no application for such grant.
It is asserted by the Petitioners that no notices were issued or served on any of the tenants in occupation of the lands and hence the joint patta issued in favour of 5th to 8th Respondents and other Inamdaras by the 4th Respondent in his proceedings Rc.No.812/86-A, dated 10-12-1991 and grant of Ryotwari Patta to Inamdars under Section 7 of the Act in D.Dis.37/95/A, dt.29-01-1995 without considering their rights of tenants for grant of Ryotwari Patta (ancestors of Petitioners) as illegal, void and not binding on the Writ Petitioners. He further submitted that the adangal copy issued by the Revenue Authority even in the year 2015 shows the cultivation by Petitioners as evidenced by Adangal Copy clearly disclose that the Inamdars were not in possession of the lands. 11. Learned Senior counsel further submits that the rights under the Inams Abolition Act, on the ancestors of Petitioners is a statutory recognition of their eligibility for grant of Ryotwari Patta under Section 7 of the Inams Abolition Act, 1956 and cannot be denied by the 4th Respondent on those grounds. Thus, the grant of Ryotwari Patta to Andhavarapu Govindarajulu and his family members (Respondents 5 to 8) in D.Dis.37/95/A, dt.29-01-1995 pursuant to orders in proceedings Rc.No.812/86-A dated 16-12-1991 of 4th Respondent as illegal, violation of principles of natural justice, arbitrary and void. 12. To support his
contentions, learned Senior Counsel for the petitioners has relied upon a catena of decision of High Court of Kerala
12 reported in (i) Smitha M.G. vs State of Kerala &Ors.^ (ii) decision of High Court Madras in a case of B. Sundramoorthi vs Addl. Chief Secy/Commr. & otters^: And also the decisions of Hon’ble Supreme Court in (i) SukhDutt Ratra vs State of Himachal Pradesh^; (ii)ln MSudakar vs V. Manoharan&Ors^ (iii) In a case of Dwarakanath vs IT Officer^ (iv) In Sudama Devi v Commissioner &Ors.^; (v) In Gopal KrishnajiKetkar vs Mohammed Haji Latif&Ors^; (vi)ln Mussauddin Ahmed vs State of Assam®; (vii) InMaharaja Alak Narayana Science and Arts Coeity vs BuddarajuSarojini and ors^; Learned Senior counsel has also relied upon other decisions reported in AyyamPerumal &Ors vs The Estates Abolition Tribunal &Ors/'°:
In TS PIP. Chidambaram Chettiar (d) by LRs vs TKB Santanarangaswami Odayar & ors. 11. In State of TN vs His Holiness Srilla Sri Ambavalana Pandarasannadhi Adheenakartha &Ors^^; In M/s Godrej Sara Lee Ltd The Excise and Taxation Officer-cum-Assessing Authority vs 13
13. Learned Senior counsel while relying upon the above decisions, submits that, as per Section 4(2)(c ), if no tenant has filed an application ' WA No. 174/2024 dated 27.7.2022 ^ WP(MD) No. 16821 of 2023 Mad He ^ (2022) 7 see 508 ‘'(2011) 1 see 484 'AIR 1966 Se81 '(1983) 2 see i ’ 1968 see OnLine Se 63 * (2009) 14 see 541 * 2004 see OnLine AP 980 (1975) ILR (Mad) 189 (1968) 2SeR754
"(1997) 9Cee313 2023 LiveLaw (SCj /U 10 n
13 before the Revenue Court under sub section (2) of that section within the period specified therein the tenant in the occupation of the land on the date of commencement of this Act, shall be entitled to a ryotwari patta for two-thirds share of that land and the Inamdar shall be entitled to a ryotwari patta for the remaining one-third share. Thus the grant of Ryotwari Patta to Andhavarapu Govindarajulu and his family members i.e., respondents No.5 to 8 pursuant to orders dated 16.12.1991 of 4**^ respondent, as illegal and arbitrary. 14.
Per contra, learned counsel appearing for the respondents while reiterating the averments made in the counters, submits that the land covered by the Sy.No1-2 of Narayanapuram village, Etcherla Mandal, Srikakulam District, in which, the license was granted by the competent authority in favour of the 9**^ respondent is not the subject matter at all in OS No.94/2022. Therefore the suit and subject matter therein is no way concerned and connected to the land covered by the License granted by the competent authority and thereby the contention raised on that basis has no locus standi. Therefore, prayed to dismiss the writ petitions. 15. Perused the material on record. 16. It is pertinent to mention there that, according to Section 4 (b) of the said Act, if the lands are held by an Inamdar, other than an institution as on the date of commencement of the Act and is in his actual occupation of the said date, the tenant who was declared to be in occupation of that lands as on 7-1-1948 by the Revenue Court under Section 5(3) of the Act shall be entitled
14 for 2/3rd share and Inamdar is entitled for the remaining 1/3rd share. So, in view of the same, it is observed in the present case that the ancestors of Writ Petitioners are tenants in occupation of the lands of Narayanapuyram Village in erstwhile Chepurupalli Taluk and at present in Etcherla Mandal though held by 4th Respondent in occupation of tenants as on the commencement of the Inams Abolition Act, but negatived the claim of the ancestors of writ petitioners to grant Ryotwari Patfa to them falsely claimed that they failed to file any application for grant of the Patta before Revenue Court, contention of the petitioners that the petitioners were all illiterate and were not aware the Notification issued by the Government and conduction of enquiry by Revenue Authority for grant of Ryotwari Patta. it is also the
17.
it is also the
17. Moreover it is the contention of the respondents that the land covered by the Sy.No1-2 of Narayanapuram village, Etcherla Mandal, Srikakulam District, in which, the license was granted by the competent authority in favour of the 9“" respondent is not the subject matter at all in OS No.94/2022. Therefore the suit and subject matter therein is no way concerned and connected to the land covered by the License granted by the competent authority. 18. As seen from the impugned order dated 10.12.1991, wherein it is observed that: After conducting enquiries, orders were issued in the proceedigns SR.No.9/67, dated 13.1.68 that the lands covered by T.D.Nos.647, 218 and 219 appearing in Inam B. Registers of Narayanapuram village than existing in Cheepurpalli Taluk and at present existing in Etcherla Mandel are Inam lands In an Inam village not held by any institutions, pijhlished in the f listrir.t l-ia7Rtte nf .Srikakulam DLstrlni, under Sllh-SfiCtlon (.3) of Section 3 of the Act Final Notification was issued and
15 stating that it is anDarimilalnam land in Ryotiwari Village and erratus published in Srikakulam District Gazette dated 26-4-73 stating that it is an Inam land in an inam village. On the above decision Sri AndhavarapudovindaRajulu and two others field W.P 4119/81 claiming that Narayanapuram village is not an Inam village and it is part of Jemindariestate of S.M.Puram, and the petitioners are entitled for RyotiwariPattas. The A.P. High Court in its W.P.4119/31, dated 15-4-07 dismissed the H.P. Therefore the lands in Narayanapuram village are Inam lands in an Inam villages. Not held by any institution and the provision of Act XXXVII of 56 are applicable. The village \was subsequently surveyed {1989>. As per the Fair land Register the Total Extent of the village came to Hec. 48/33/5 including porambokes and S.No.1 20 Hec. (Roughly) Kondaporamboke. The names of the inandars were not written and the names of the Ryots were written. Notices were issued Under Section 7 of the Act in Perm V to all the ryots and 56 statements were recorded from them., (By my predecessor on 2-5-90. Except saying that they are cultivating the lands from their father's time. They have no recorded evidence. They have stated that they are paying the Kists to AndhavarapuGovindaRajulu”
19. It is also observed from the impugned order that: As seen from the Registered Document produced by the Inamdars Don.
No.334, of Sub-Registrar Visakhapatnam, the lands of Narayanapuram covered by T.D.647 have purchased from BhamidipatiPedasanyasi in and ChoumalakondaAppayya by BonthaSambhasiva Rao of Srikakulam and the same were sold to AndhavarapuKrishtammagaru of Srikakulem on 31.3.1904 by the above sale deed. As seen from the Registered partition Dead No.2293, dated 11-9-89 of the Sub-Register Ponduru, after death of Kristamma, the Lands of Narayanapuram went to thonbare of AndhavarapuGovindaRajulu and his sons are the present owners of the land covered by T.D. No. 647, 218, and 219 hate shown in the document. Therefore Sri AndhavarapuGovindaRajulu and his sons are entitled to ryotiwaripatta for the total extent of Ac 59.31 cents. Further, a joint patta is being issued to Sri AndhavarapuGovindaRAjulu, venkatappa Rao, Krishna Murthy, Rama Rao and Lakshmana Rao. \ S
20. It is mainly noted that an appeal can be filed before the Revenue Divisional Officer, within 60 days from the date of the order. 21. In view of the foregoing discussion, this Court observed that, the so called ancestors of the petitioners did not avail any remedies available within the statutory period as applicable and mentioned in the 4‘^ respondent orders. Moreover, the grant of Ryotwari patta to the ancestors of the unofficial
16 respondents vide proceedings dated 10.12.1991 and dated 29.01.1995 have become final for all practical purposes. Therefore, this Court found no merit in the instant WP No.11174 of 2022 and the same is liable to be dismissed. 22. Accordingly, the Writ Petition No.11174 of 2022 is dismissed. Consequently, in view of the dismissal ofWP No.11174 of 2022, the WP No.24994 of 2022 & CRP No.1072 of 2022 do not survive and hence the same are also dismissed No costs. cause in
23. As a sequel, all the pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTYi^GISTRAR //TRUE COPY// r.SECTION OFFICER To,
1. The 1 Additional Junior Civil Judge, Srikakulam. 2.
One CC to Sri Srinivasa Rao Narra, Advocate [OPUC]
3. One CC to Sri Prakash Buddarapu, Advocate [OPUC]
4. One CC to Sri K S Gopala Krishnan, Advocate [OPUC]
5. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh [OUT]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Two CD Copies RAM
t HIGH COURT DATED:07/02/2025 n 9 COMMON ORDER WP.Nos.11174 of 2022 & 24994 of 2022 AND CRP.No.1072 of 2022 2 6 MAR 2025 . Currsnt Section ^ T3: to DISMISSING BOTH THE WPs & CRP WITHOUT COSTS