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2025 DAILYLAW 21841 (AP)

P. VANITHA v. THE STATE OF ANDHRA PRADESH

WP/15685/2025 · 2025-06-29

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010308582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15685 OF 2025 Between: P. Vanitha, C/o E. Adinarayana Aged about 22 years, Occ: Student, R/o. D.No. 1-32-1, Mittapalli Village, O.D. Cheruvu Mandat Sri Satya Sai District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi Guntur District. 2. The District Collector, Sri Satya Sai District (Erstwhile Anantapur Dist.) at Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Kadiri, Sri Satya Sai District (Erstwhile Anantapur Dist.) 4. The Tahsildar, O.D. Cheruvu Mandal Anantapur Dist.) Sri Satya Sai District (Erstwhile ...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, direction, order or orders more particularly one in the nature of Writ of Mandamus declaring inaction of the respondents the disposing of the in Application.No.TAAPDLOl2000178958 dated 04.01.2020 seeking removal of the land in Sy.No.1136 to an extent of Ac.0.93 cents in Cheruvu Mandal, Sri Satya Sai District from the Allapalli Village, O.D. cate|% of Dotted Lands arbitrary, illegal, contrary to Section 4, 6 7 of A.P. Dotted Lands (Updation in Re-Settlement Register) Act, 2017 besides being unconstitutional and violative of the rights guaranteed under Articles 21 and 300-A of the Constitution of India and consequently direct the respondents to dispose of the Application.No. TAAPDL012000178958 dated 04.01.2020 and delete the land in Sy.No.1136 to an extent of Ac.0.93 cents in Allapalli Village, O.D. Cheruvu Mandal, Sri Satya Sai District from the category of Dotted Lands. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to dispose of the Application.No. TAAPDL012000178958 dated 04.01.2020 and delete the land in Sy.No.1136 to an extent of Ac.0.93 cents in Allapalli Village, O.D. Cheruvu Mandal, Sri Satya Sai District from the category of “Dotted Lands”. Counsel for the Petitioner: SRI SAI MANOJ REDDY L Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010308582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15685/2025 Between: 1.P. VANITHA, C/0 E. ADINARAYANA AGED ABOUT 22 YEARS, OCC R/0 D.NO. 1-32-1, MITTAPALLI VILLAGE, O.D. SRI SATYA SAI DISTRICT, ANDHRA STUDENT, CHERUVU MANDAL PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT (ERSTWHILE ANANTAPUR DIST.) AT PUTTAPARTHY, SRI SATYA SAI DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KADIRI, SRI SATYA SAI DISTRICT (ERSTWHILE ANANTAPUR DIST.) SRI SATYA SAI 4.THE TAHSILDAR, O.D. CHERUVU MANDAL, DISTRICT (ERSTWHILE ANANTAPUR DIST.) ...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 toPleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus declaring respondentsthe disposing of thein inaction of the Application.NO.TAAPDLOI2000178958 2 NV,J W.P.No.15685 of 2025 dated 04.01.2020 seeking removal of the land in Sy.No.1136 to an extent of Ac.0.93 cents in Allapalli Village, O.D. Cheruvu Mandal, Sri Satya Sai District of A.P. Dotted Lands (Updation in Re-Settlement Register) Act, 2017 besides being unconstitutional and violative of the rights and 300-A of the guaranteed under Articles 21 Constitution of India and consequently direct the M O^MM aid i*’’® TAAPDL012000178958 dated AkanafI „ rl®n Ac.0.93 cents i Allapalli Vil^ge, O.D. Cheruvu Mandal, Sri Satya Sai District from category of Dotted Lands and to pass in the lA NO: 1 OF Petition under Section 151 CPC in th4. offvi -4 41 ■ praying that in the circumstances stated Laspf f''d ^'9'' be pleased pleased to direct the respondents to dispose of the AoBlication Nn TAAPDL012000178958 dated 04.01.2020 and delete the land in Sy No 1136 S°atva S^^ai d' r ® Village, O.D. Cheruvu Mandal Satya Sai District from the category of “Dotted Lands Sri and pass Counsel for the Petitioner: 1.SAI MANOJ REDDY L Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 NV,J W.P.No.15685 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15685 OF 2025 ORDER: This writ petition is filed to declare the inaction of the respondents in disposing of the application N0.TAAPDLOI 2000178958 dated 04.01.2020 seeking removal of the land in Sy.No.1136 to an extent of Ac.0-93 cents in Allapalli Village, O.D. Cheruvu Mandal, Sri Satya Sai District (for short ‘subject land’) from the category of ‘Dotted Lands’ as illegal and arbitrary. 1. Learned counsel' for the petitioner submits that the respondents authorities have erroneously notified the subject land as ‘Dotted Land’ even though the subject land was acquired by the great grandfather of the petitioner through a registered Sale Deed Document No.70 of 1977 dated 15.01.1977. While so, the predecessor of the petitioner i.e. G. Venkata Lakshmamma submitted an application under the A.P. Dotted Lands (Updation in Re settlement Register) Act, 2017, requesting the respondents to delete the subject land from the list of dotted lands by considering her right and ownership over the property. Pursuant to the said application. Respondent Nos. 4 & 3 submitted their reports dated 17.02.2020 and 13.03.2020 respectively, holding that the applicant G. Venkata Lakshmamma is the pattadar of the land admeasuring an extent of Ac.0-93 cents out of Ac.3-72 cents in Sy.No.1136 of Allapalli Village, O.D. Cheruvu Mandal, Sri Satya Sai 2. 4 NV,J W.P.No.15685 of 2025 Even though the report was submitted in the year 2020 by Respondent Nos.4 & 3, Respondent No.2 neither acted upon it nor issued declassification proceedings over the subject land. Learned counsel for the petitioner submits that, in the meanwhile, the applicant - G. Venkata Lakshmamma died and the petitioner being the legal heir, claimed the rights District. over the subject property. During hearing, learned Government Pleader for Revenue submits that, since the original application was filed by the petitioner's grandmother. 3. Smt. G. Venkata Lakshmamma, who is now deceased, it would be appropriate for the petitioner, who is claiming rights through her, to submit a fresh application. Upon submission of such an application, the learned Government Pleader further submits that Respondent No.2 shall consider the same and pass appropriate orders in accordance with law, taking into account the reports submitted by Respondents Nos.4 & 3 respectively. Heard learned counsel for the petitioner, learned Government Pleader 4. for Revenue and perused the material available on record. The claim of the petitioner is that the petitioner is the absolute owner oil the land of an extent of Ac.0-93 cents in Sy.No.1136 in Allapalli Village, O.Dj i Cheruvu Mandal, Sri Satya Sai District, having inherited the same from he\ grandmother and she is continuous possession and enjoyment of the same. When the petitioner intended to alienate the subject land for personal needs. 5. 5 NV,J W.P.No.15685 of 2025 s she came to know that the subject land was placed under the category “Dotted Lands” of the A.P. Dotted Lands (Updation in Re-Settlement Register) Act, 2017. 6. Since the original application was submitted by the petitioner's grandmother, who is now deceased, this Court deems it appropriate to permit the petitioner to file a fresh application for deletion of the subject land from the dotted lands register, as she is claiming rights through her grandmother. In view of the fact that Respondent Nos.3 and 4 have already submitted their reports based on the earlier application, such reports and the procedure already undertaken shall be duly considered by Respondent No.2. Upon receipt of the petitioner’s fresh application, Respondent No.2 shall consider the same by affording a reasonable opportunity of hearing to the petitioner and any other interested stakeholders, and shall pass appropriate orders, strictly in accordance with law, within a period of six months from the date of receipt of a copy of this order. 7. With the above direction, writ petition is disposed of. No costs. Consequently, miscellaneous applications pending if any, shall also stand dismissed. 8. Sd/- U.SRI DEVI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 2. The District Collector, Sri Satya Sai District (Erstwhile Anantapur Dist.) at Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Kadiri, Sri Satya Sai District (Erstwhile Anantapur Dist.) 4. The Tahsildar, O.D. Cheruvu Mandal, Sri Satya Sai District (Erstwhile Anantapur Dist.) 5. One CC to Sri Sai Manoj Reddy L., Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr HIGH COURT DATED:30/06/2025 ORDER WP NO. 15685 OF 2025 0^ a 2 2 JUL 2025 Co DISPOSING OF THE W.P. WITHOUT COSTS