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2025 DAILYLAW 21389 (AP)

GUNDRE BUJJI REDDY v. THE STATE OF ANDHRA PRADESH

WP/15229/2025 · 2025-06-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010302012025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND ANQ TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 15229 OF PRADESH NIMMAGADDA Between: Gundre Bujji Reddy, S/o.Jayarami Agriculture, District. Reddy, Aged about 38 Gundrevandlapalle, Sambepalli Mandal, years, Occ; Annamayya R/o. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue De^rtment, Secretariat Buildings, Velagapudi, Amaravathi, Guntur 2. The District Collector, 3. The Revenue Divisional Annamayya District, Rayachoty Officer, Rayachoty Revenue Division, Annamayya District. 4. The Tahsildar, Sambepalli Mandal, Annamayya District. 5. K. Karimulla Basha R/o.Nethaji Club backside, Rayachoty Town S/o. Ahmed Basha, Aged about 60 Annamayya District years, ...RESPONDENTS praying that in the the High Court may be more particularly one in the the action of the respondents No.3 Petition under Article 226 of the Constitution of India circumstances stated in the affidavit fiied therewith pleased to issue an appropriate order or direction nature of Writ of Mandamus declaring and 4 in not proceeding further No.C/860/2023, dated 28.01.2024 issued by the respondent No.4, ordering deletion of web land entries updated in favour of the respondent No.5 for the land in an extent of Ac. 1.60 cents in Sy, No.808/2 of Motakatia Village fields, Sambepalli Mandal, Annamayya District and update the arbitrary, illegal, abdication of the inpursuance of the proceedings in Ref. same in my favour as statutory duty cast upon him and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to him 300-A of the Constitution of India under Articles 14, 19, 21 consequently direct the respondent updated in favour of the respondent No.5 an extent of Ac. 1.60 cents in Sy.No.808/2 of Motakatia fields, Sambepalli Mandal, Annamayya District favour. and and No.4 to delete the web land entries for the land in Village and update the same in his (Prayer is amended in Writ Petition and Affidavit dt.01/07/2025 in I.A.No.2 of 2025.) lA NO: 1 OF 2091; as per Court’s order 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 respondent No.4 to proceed proceedings in Ref.No.C/860/2023, dated ‘ pending disposal of the above Writ Petition further, inpursuance of the 28.01.2024 communicated by him , Counsel for the Petitioner: SRI V. R. REDDY KOWURI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: The Court made the following order: • • I • • • • J. • • APHC010302012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15229/2025 Between; 1.GUNDRE BUJJI REDDY, , S/O.JAYARAMI REDDY, AGED ABOUT 38 YEARS, OCC AGRICULTURE, R/0. GUNDREVANDLAPALLE, SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDL AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, , ANNAMAYYA DISTRICT, RAYACHOTY 3.THE REVENUE DIVISIONAL OFFICER, RAYACHOTY REVENUE DIVISION, ANNAMAYYA DISTRICT. 4.THE TAHSILDAR SAMBEPALLI MANDAL, ANNAMAYYA DISTRICT. 5.K KARIMULLA BASHA, S/0. AHMED BASHA AGED ABOUT 60 YEARS, R/O.NETHAJI CLUB BACKSIDE, RAYACHOTY TOWN, ANNAMAYYA DISTRICT ...RESPONDENT(S): This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “to issue particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in an appropriate order or direction more 2 not P''°‘^^^‘^!rigsT%etNTa'860/202^7TH^ issued by the respondent 28.01.2024 web land entries updated in ^ deletion of No.5 for the landnTafelnZI"! °ZZ ^^^P°ndent No.880-2 of Sy, Mandaf Annamayya DistrtetZnd nnZf my favour as arbitrarv iZZ « Statutory duty cast imnn ’ vindication of the established legaZplcpTts aZ, °f the fundamental Zd thZ violative guaranteed to him under Ar^Zes U io oZ' A of the Constitution of India aZ n’ ’ 200- the respondent No. 4 to delete direct updated in favour of thn ^vtries Of Mandai, same in his favour 2- Heard the learned Assistant Government respondents. counsel for the petitioner Pleader for Revenue and the learned i appearing for the ^ 3. The learned counsel for the petitioner submits that the possession and enjoyment of the petitioner has been i subject land Sy.No.808/2, in continuous admeasuring to an extent of Ac. 1.60 cents in situated at Motakatia Mandai, Annamayya District, Village Fields for more than two Sambepalli decades. While so to the utter (Webland) were updated pattadar and surprise of the petitioner the online revenue records respondent No.5 as the Aggrieved by this, the showing that the possessor of the subject land. v> 3 18.11.2023 to petitioner submitted a representation dated respondent No.4, requesting for deletion of the Webland entries made in favour of respondent No.5, by amending the revenue records in favour of the petitioner, and issuance of a DKT patta and pattadar passbook in favour of the petitioner, based on his long standing possession. Pursuant to the said representation, the 4'^ respondent submitted a detailed report dated 28.01.2024 to the 3'"^ respondent, recommending amendment of the revenue records in favour of the petitioner by deleting the entries made in favour of respondent No.5. Even after receipt of the said report, the 3 respondent neither considered the same nor issued any other proceedings in this regard. Hence, the present writ petition. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 23.06.2025 issued by the 4^" respondent herein wherein it is stated as follows:- 4. "In the reference 3d cited the then Tahsildar, Sambepalli Mandal has issued notice to the web land Pattadar Sri.K.AIIabakash S/o Ahmed Sab vide Reference No C/625/2023 dated:28.11.2023 for Submission of proofs of the land in Sy.No 808/2 with an Ext: 1.60 cents of Motakatia Village of Sambepalli Mandal. But the Webland Pattadar has not Submitted any proof of the Subject land. 4 Further I Submit that the then Tahsildar, Sambepalli Mandat has Submitted report vide Ref.No Ref No /C/860/2023 dated: 28.01.2024 to the Revenue Divisionai Officer, Rayachoty Division, Annamayya district for detetion of Webiand entries in favour of Sri.K.Aiiabakash S/o Ahmed Sab and assigned the Subject iand in Sy.No 808-2 with an Ext:1.60cents in favour of petitioner name Sri. Gundre Bujji Reddy S/o Jayarami Reddy resident of Gundrevandia Paiii H/o Motakatia viliage of Sambepaiii Mandal. Further i Submit that at the time of the then Tahsitdar, Sambepaiii Mandai has submitted report during the year 2023-2024 general election 2024 for LS and State Assembly were there. Due to this the report is pending in the Subject land Further Assignment process is not taking place at the present moment. Hence . assignment based on the eligiblity petitioner recommended for the approval of the assignment committee for the land in Sy. No 808/2 with an Extent : 1.60cents of Motakatia Village of Sambepaiii Mandal”. at the time of name will be 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, and record, it is observed that pursuant to the by the petitioner, the 4*^ respondent 28.01.2024 and recommended to the upon perusal of the material placed on representation submitted submitted a report dated respondent to amend the revenue records in favour of the petitioner by deleting the entries made in favour of respondent No.5. In view of the instructions issued by the 4^^ respondent, based written on the petitioner’s representation, for issuance of a DKT patta and deletion of the 5 th % 5 respondent’s name from the Webland records in respect of the subject land. Whereas the proposed assignment of DKT patta in favour of the petitioner is under active consideration, subject to eligibility and suitability. Therefore, the 3rd respondent is hereby directed to consider the claim of the petitioner with reference to the report submitted by the 4th respondent, by conducting a detailed enquiry into the eligibility and suitability of the petitioner, as well as the rights of the unofficial respondent herein, and pass appropriate orders after providing an opportunity of hearing to the petitioner and other stakeholders, if any, more particularly to respondent No.5, within a period of three (03) months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No 6. costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Y To Department, State of Andhra Velagapudi, Amaravathi, Guntur 1. The Principal Secretary, Revenue Pradesh, Secretariat Buildings, District. 2. The District Collector, Annamayya District, Rayachoty Divisional Officer, Rayachoty Revenue Division 3. The Revenue Annamayya District. 4. The Tahsildar, Sambepalli Mandal, Annamayya District. 5. One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT DATED:01/07/2025 ORDER WP No. 15229 OF 2025 ^ 2 4 JUL 2025 )% iMfrentSectio, isseait DISPOSING OF THE W.P. WITHOUT COSTS