Gajjalakonda Venkateswarlu v. State of Andhra Pradesh
WP/17735/2022 · 2025-07-27
B Krishna Mohan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21214 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21214 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010299072022 IN THE HlOH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17735 OF 2022 Between; Gajjalakonda Venkateswarlu, S/o. Late Ankalu, Aged 35 Years, Occ: Agriculture Coolie, R/o.Turpupalli Village, Gajjalakonda Post and Revenue Village, Markapur Mandal, Prakasam District. ...Petitioner AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Prakasam District at Ongole. 3. Revenue Divisional Officer, Markapuram Revenue 'Division, Markapuram, Prakasam District. 4. Tahsildar, Markapuram Mandal, Prakasam District. 5. Dupati Ramaiah, S/o. Kasaiah, aged 60 Years, Occ: Cultivation, R/o. Turpupalli Village, Gajjalakonda Post and Revenue Village, Markapur Mandal, Prakasam 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 more particularly one in nature of
WRIT OF MANDAMUS declaring the Proceedings in R.C.C./26/2022, dt. ' 07.04.2022 issued by the 4th respondent, thereby deleting the petitioner's name in Online Web Land Revenue Records and recording the name of the 5th respondent, connected to his agriculture lands admeasuring Ac. 2.47 Cents, Ac. 2.28 Cents and Ac. 0.54 Cents in Sy.Nos.679/2, 679/3 and 675/5 respectively, situated at Turpupalli Village, Gajjalakonda Revenue Village, Markapuram Mandal, Prakasam District, without opportunity of hearing to the petitioner and without following any known procedure established by law, as illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice, violative of provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the said proceedings and direct the respondents particularly the 4th respondent to restore his name in Web Land Record of Rights forthwith. lA 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 operation of the Proceedings in R.C.C./26/2022, dt. 07.04.2022 issued by the 4th respondent and consequently direct the respondents particularly the 4th respondent to restore the petitioner's name in Web Land Record of Rights connected to his agriculture lands admeasuring Ac. 2.47 Cents, Ac.
2.28 Cents and Ac. 0.54 Cents in Sy.Nos.679/2, 679/3 and 675/5 respectively, situated at Turpupalli Village, Gajjalakonda Revenue Village, Markapuram Mandal, Prakasam District, pending disposal of the main Writ Petition. lA NO: 2 OF 2024 Between: Dupati Ramaiah, S/o. Kasaiah, aged 60 Years Turpupalli Village, Gajjalakonda Post and Revenue Village, Markapur Mandal, Prakasam District. Occ: Cultivation, R/o. ...Vacate Stay Petitioner/5*^ Respondent AND Gajjalakonda Venkateswarlu, S/o. Late Ankalu, Aged 35 Years, Occ: Agriculture Coolie, R/o.Turpupalli Village, Gajjalakonda Post and Revenue Village, Markapur Mandal, Prakasam District. 1. ...Writ Petitioner State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. District Collector, Prakasam District at Ongole. Revenue Divisional Officer, Markapuram, Prakasam District. Tahsildar, Markapuram Mandal, Prakasam District. 2. to
3. 4. Markapuram Revenue Division,
5. ...Respondents 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 vacate the interim order Dt. 06-07-2022 passed in W.P. No. 17735 of 2022 in favor of the writ petitioner in the interests of the Justice. Counsel for the Petitioner: SMT. NIMMAGADDA REVATHI Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI M CHALAPATI RAO The Court made the following order:
APHC010299072022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17735/2022 Between:
1.GAJJALAKONDA VENKATESWARLU, S/0. LATE ANKALU, AGED 35 YEARS. OCC. AGRICULTURE COOLIE, R/O.TURPUPALLI VILLAGE, GAJJALAKONDA POST AND REVENUE VILLAGE* MARKAPURMANDAL.PRAKASAM DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. REVENUE DIVISIONAL OFFICER, MARKAPURAM REVENUE DIVISION, MARKAPURAM, PRAKASAM DISTRICT. 4.TAHSILDAR, MARKAPURAM MANDAL, PRAKASAM DISTRICT. 5.DUPATI RAMAIAH. S/0.
KASAIAH, AGED 60 YEARS, OCC. CULTIVATION, R/0. TURPUPALLI VILLAGE, GAJJALAKONDA POST AND REVENUE VILLAGE, MARKAPUR MANDAL, PRAKASAM 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 more particularly one in nature of WRIT OF MANDAMUS declaring the Proceedings in R.C.C./26/2022, dt. 2 BKM,J W.P.No. 17735 of 2022 07.04.2022 issued by the 4th respondent, thereby deleting the petitioner's name in Online Web Land Revenue Records and recording the name of the 5th respondent, connected to his agriculture lands admeasuring Ac. 2.47 Cents, Ac. 2.28 Cents and Ac. 0.54 Cents in Sy.Nos.679/2, 679/3 and 675/5 respectively, situated at Turpupalli Village, Gajjalakonda Revenue Village, Markapuram Mandal, Prakasam District, without opportunity of hearing to the petitioner and without following any known procedure established by law illegal, irregular, irrational, without jurisdiction, violative of principles of natural justice, violative of provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the said proceedings and direct the respondents particularly the 4th respondent to restore his name in Web Land Record of Rights forthwith and pass as lA 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 operation of the Proceedings in R.C.C./26/2022, dt. 07.04.2022 issued by the 4th respondent and consequently direct the respondents particularly the 4th respondent to restore the petitioner's name in Web Land Record of Rights connected to his agriculture lands admeasuring Ac. 2.47 Cents, Ac. 2.28 Cents and Ac. 0.54 Cents in Sy.Nos.679/2.
679/3 and 675/5 respectively, situated at Turpupalli Village, Gajjalakonda Revenue Village, Markapuram Mandal, Prakasam District, pending disposal of the main Writ Petition and pass lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thq petition, the High Court may be pleased pleased to grant leave to the petitioner/ 5th respondent to file the counter affidavit in the above writ petition in the interests of justice and 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 vacate the interim order Dt. 06-07-2022 passed in W.P. No. 17735 of 2022 in favor of the writ petitioner in the interests of the Justice and pass
4 3 BKM,J W.P. No. 17735 of 2022 Counsel for the Petitioner:
1.NIMMAGADDA REVATHI Counsel for the Respondent(S):
1.GP FOR REVENUE 2.M CHALAPATI RAO
4 BKM,J W.P. No. 17735 of 2022 The Court made the following ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 and the
learned counsel appearing for the 5**^ respondent. This writ petition was filed questioning the action of the 4'^ respondent in deleting the name of the petitioner in Online Web Land Revenue Records by recording the name of the 5‘^ respondent in respect of the lands to an extent of Ac.2.47 cents, Ac.2.28 cents and Ac.0.54 cents in survey Nos.679/2, 679/3 and 675/5, respectively, situated at Turpupalli Village, Gajjalakonda Revenue Village, Markapuram Mandal, Prakasam District. 2. The grievance of the petitioner is that without giving any opportunity and without following the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, the 4^'^ respondent illegally removed his name
3. from the revenue records with respect to the subject lands and incorporated the name of the 5^^ respondent. 4. Now that, all the learned counsels submit that fresh enquiry may be conducted by the 4*'^ respondent. In view of the above said facts and circumstances, the 4'^ respondent is directed to conduct fresh enquiry with respect to the subject lands in the
5. matter of mutation of names of the parties concerned in Online Web Land Revenue Records and in the respective pattadar passbooks of the parties concerned, as per the Andhra Pradesh Rights in Land and Pattadar
5 W.P.No. 17735 of 2022 Passbooks Act,
1971. For the purpose of conducting fresh enquiry, the, petitioner, the 5^’’ respondent and any other aggrieved persons shall be heard and opportunity shall be given to submit the relevant documents in respect of their claim. The petitioner and as well as the 5*'^ respondent shall submit their representations enclosing all the necessary documents in support of their claim to the 4*^ respondent for the purpose of the above said enquiry, within a period of two (2) weeks from the date of receipt of this order. Upon receipt of the same and upon examination of the site area/the subject land, if necessary, by conducting survey, appropriate decision shall be taken by the 4^'' respondent with respect to the mutation of names of the parties concerned, who are eligible under law for such mutation for the subject lands and the whole exercise shall be completed, as expeditiously as possible, preferably, within a period of three (3) months thereafter. It is needless to mention that the 4*^ respondent shall issue notices to all the parties concerned before the commencement of the above said enquiry. 6.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT registrar //TRUE COPY// SE OFFICER To,
1. The Principal Secretary to Government, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Markapuram, Prakasam District. Revenue Department, Markapuram Revenue Division,
4. The Tahsildar, Markapuram Mandal, Prakasam District. One CC to Smt. Nimmagadda Revathi Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh One CC to Sri M Chalapati Rao Advocate [OPUC] Two CD Copies
5. 6. [OUT]
7. 8. TF V'
a HIGH COURT DATED:28/07/2025 r.
ORDER WP NO. 17735 OF 2022 * 2 0 AUG 2025 ^ . Current Section ^ SsL^spatcv^^-^ DISPOSING OF THE W.P., WITHOUT COSTS
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4945 OF 2025 Between:
1. Sayyed Mahamad Faruk, S/o Abdul Huddus, Aged about 29 years, R/o D No. 3-25/2, Paatibandia, Guntur District (A1) Sayed Ameer, S/o Sayed Mahboob Jani, Aged about 35 years, R/o D.No. 1-8-36/3, Boddurai Center, Gujjanagundia, Guntur, Guntur District. (A3) (Wrongly mention FIR as Shaik Ameer) Shaik Mastan Vali, S/o Akbar Ali, Aged about 37 years, R/o 1-8-41/1, Boddurai Center, Gujjanagundia, Guntur, Guntur District (A2) ...Petitioners/Accused No.1 to 3
2.
3. AND The State: The Station House Officer, Medikonduru PS, Through Public Prosecutor, High Court of Andhra Pradesh at Amaravati. (Complainant)
2. Shaik Ismail, S/o Karimulla, Aged about 37 years, R/o Perecherla Village, Medikonduru Mandal, Guntur District.
3. Shaik Karimulla, S/o Jan Ahamad, (Father of deceased) Aged about 59 years, R/o Perecherla Village, Medikonduru Mandal, Guntur District. ...Respondents Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Cr.No.65 of 2025, U/s.118(1), 115(2), 351(2), 108 r/w 3(4) BNS of Medikonduru PS dated 16-04-2025.
1.
I.A. No.2 OF 202fi Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Cr. No.65 of 2025, U/S 118(1), 115(2), 351(2), 108 r/w 3(4) BNS of Medikonduru PS including the arrest of the petitioner/accused No.1 to 3 during the pendency of the Criminal Petition before this Hon’ble Court. This Petition coming on for hearing. Memorandum of Grounds of Criminal Petition and upon perusing the upon hearing the
arguments of Sri Kode Ramesh Babu, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent Nos.2 & 3. The Court made the following:
1 HNJ Crlp.No.4945_2025 APHC010228802025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4945/2025 Between: Sayyed Mahamad Faruk and Others ...PETITIONER/ACCUSED{S) AND The State The Station House Officer and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1.KODE RAMESH BABU Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2 HN, J Crlp.No.4945_2025 The Court made the following Order: The petitioners are alleged to have committed offences under Sections
1. 118(1), 115(2), 351 read with 3(5) of the BNS. Subsequently the provision of law was altered to Section 108 of the BNS. The 3'^'^ respondent has filed a complaint alleging that the 2"^^ respondent was beaten up for the petitioners on 11.04.2025 and 14.04.2025, and that the I 2'^^ respondent, unable to bear the humiliation, allegedly consumed poison and I passed away on 15.04.2025. 2. Upon lodging of the complaint by the 3'^^ respondent, the police registered an FIR. It is submitted by the learned counsel for the petitioners that the wife of the 2'’'^ respondent was beaten by the 2"^^ respondent and she filed a complaint against him. The statement of the wife of the 2"*^ respondent was also recorded. 3. The allegation that the petitioners were the assailants of 2"^^ respondent on 11.04.2025 and 14.04.2025 appears to have been made out for the purpose of filing a counter-complaint against the complaint lodged by the sister of the 1 petitioner. The friends of the 1®‘ petitioner have also been arraigned as accused though they did not participate in any of the incidents. 4. St
5. The learned Assistant Public Prosecutor submits that the investigation is at a preliminary stage and that the FIR was registered on 15.04.2025. 3 HN, Crlp.No.4945_2025 Considering the submissions, this Court is not inclined to interfere at this
6. stage. It is open to the petitioners to take appropriate steps for securing bail before the appropriate Court. 7. Accordingly, the Criminal petition is dismissed. As a sequel, pending miscellaneous petitions, if any, stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1.
The Station House Officer, Medikonduru Police Station, Guntur District. 2. 6ne CC to Sri. Kode, Ramesh Babu, Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]
4. Three CD Copies gkk nm
HIGH COURT DATED:07/05/2025
ORDER Is 2 • AUG 2025 ^ Current section . ^ CRLP.No.4945 of 2025 DISMISSING THE CRIMINAL PETITION