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2025 DAILYLAW 22105 (AP)

KARNATI CHANDASEKHAR REDDY v. THE STATE OF AP

WP/15645/2025 · 2025-07-01

Venkateswarlu Nimmagadda

body2025

Judgment text

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PHC010311332025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15645 OF 2025 Between: 1. Karnati Chandasekhar Reddy, S/o Sambasiva Reddy, Aged 40 years, Occ Cultivation, R/o HNo5-73, Uppaluru Village, Muddanur Mandal, YSR Kadapa District. 2. Karnati Papi Reddy, S/o Obul Reddy, Aged 79 years, Occ Cultivation, R/o HNo 5-73, Uppaluru Village District. Muddanur Mandal, YSR Kadapa ...Petitioners AND 1. State of Andhra Pradesh, Rep. by its PrI. Secretary to Govt. Revenue Department, Secretariat, Velagapudi, Guntur. 2. District Collector, YSR District at Kadapa 3. Revenue Divisional Officer, Jammalamadugu Division, YSR Kadapa District. 4. Tahsildar, Muddanur Mandal, YSR District. 5. Karnati Maheswara Reddy, S/o Venkata Reddy, Aged 51 years, Occ Cultivation, R/o HNo 3/19, Gundlathurthi Village Mandal, Nandyal District. Koilkuntia ...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 appropriate writ, Order or direction, particularly a Writ of Mandamus declaring the action of the respondent No 4 in mutating petitioners agricultural lands admeasuring Ac. 3.74 cents in survey No 227/P1 and the 2nd petitioners land admeasuring Ac.3.74 cents in survey No 227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District in the name of the 5th respondent without any notice to the petitioners and in complete violation of procedure stipulated under section 5(3) of AP Rights in Land and Pattadar Passbooks Act, 1971, as illegal, irregular, irrational, arbitrary, violative of Articles 14 and 21 of Constitution of India and consequently restore the revenue entries in the name of the petitioners with respect to the lands admeasuring Ac. 3.74 cents in survey No 227/PI and admeasuring Ac.3.74 cents in survey No 227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District. lA NO: 1 OF 2025 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 restore the revenue entries in the name of the petitioners with respect to the lands admeasuring Ac. 3.74 cents in survey No: 227/Pi and admeasuring Ac.3.74 cents in survey No: 227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District pending disposal of the above writ petition. Counsel for the Petitioners: M/S KODATI RAMYA KRISHNA Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No. 5: SRI K GANI REDDY The Court made the following order: APHC010311332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] P-n WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15645/2025 Between: 1.KARNATI CHANDASEKHAR REDDY, S/0 SAMBASIVA REDDY, AGED 40 YEARS, OCC CULTIVATION, R/0 HN05-73, UPPALURU VILLAGE, MUDDANUR MANDAL, YSR KADAPA DISTRICT. ' 2.KARNATI PAPI REDDY, S/0 OBUL REDDY, AGED 79 YEARS, OCC CULTIVATION, R/0 HNO 5-73, UPPALURU VILLAGE, MUDDANUR MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY TO GOVT. REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. DISTRICT COLLECTOR, YSR DISTRICT AT KADAPA 3. REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU DIVISION, YSR KADAPA DISTRICT. 4.TAHSILDAR, YSR DISTRICT. 5.KARNATI MAHESWARA REDDY, S/0 VENKATA REDDY, AGED 51 YEARS, OCC CULTIVATION, R/O HNO 3/19, GUNDLATHURTHI VILLAGE, KOILKUNTIA MANDAL, NANDYAL 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 topleased to issue a appropriate writ. Order or direction, particularly a 2 WRIT OF MANDAMUS declaring the action of the respondent No 4 in mutating petitioners agricultural lands ad measuring Ac. 3.74 cents in survey No 227/P1 and the 2nd petitioners land admeasuring Ac.3.74 cents in survey No 227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District in the name of the 5th respondent without any notice to the petitioners and in complete violation of procedure stipulated under section 5(3) of AP Rights in Land and Pattadar Passbooks Act. 1971, as illegal, irregular, irrational, arbitrary, violative of Articles 14 and 21 of Constitution of India and consequently restore the revenue entries in the name of the petitioners with respect to the lands admeasuring Ac. 3.74 cents in survey No 227/PI and admeasuring Ac.3.74 cents in survey No 227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District and to pass lA NO: 1 OF 2025 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 restore the revenue entries in the name of the petitioners with survey No: 227/PI and of Uppalur Revenue disposal of the above respect to the lands admeasuring Ac. 3.74 cents in admeasuring Ac.3.74 cents in survey No: 227/P2 Village, Muddanur Mandal, Nandyal District pending writ petition and to pass Counsel for the Petitioner(S): 1.KODATI RAMYA KRISHNA Counsel for the Respondent(S); 1.KGANI REDDY 2.GP FOR REVENUE The Court made the following: % 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15645/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 4 in mutating petitioner’s agricultural lands ad measuring Ac.3.74 cents in survey No.227/P1 and the 2”^ petitioner’s land admeasuring Ac. 3.74 cents in survey No.227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District in the name of the respondent without any notice to the petitioners and in complete violation of procedure stipulated under section 53 of A.P. Rights in Land and Pattadar Passbooks Act, 1971 as illegal, irregular. Irrational, arbitrary, violative of Articles 14 and 21 of Constitution of India and consequently restore the revenue entries In the name of the petitioners with respect to the lands admeasuring Ac. 3.74 cents in survey No.227/PI and admeasuring Ac.3.74 cents in survey N0.227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District and pass such other order. ” 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are the absolute owners of the land admeasuring to an Ac.3.74 cents in extent of Ac.3.74 cents in Sy.No.227/PI Sy.No.227/P2 of Uppalur Revenue Village, Muddanur Mandal, Nandyal District. Originally the subject property belongs to the petitioners’ ancestors. Pattadar passbooks and title deeds were also th issued in favour of the petitioners. While things stood thus, the 5 4 respondent made an application for mutation of his name in the revenue records in respect of the subject property. Without issuing any notice to the petitioners and without providing opportunity of hearing to the petitioners, the official respondents mutated the name of the respondent in the revenue records in respect of the subject property. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for the respondents furnished the written instructions dated 28.06.2025 issued by the respondent, wherein it is stated that the petitioners have already preferred an appeal before the Revenue Divisional Officer, Jammalamadugu, in which notices were also issued for hearing. At present, the appeal is pending before the Revenue Divisional Officer, Jammalamadugu for adjudication. 5. Learned Government Pleader for the respondents further submits that the respondent authorities will dispose of the appeal in accordance with law, within a reasonable time. 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the written instructions issued by the 4'^ respondent, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to consider and dispose of the appeal, after providing opportunity of hearing to the parties concerned, within a period of three(3) months from the date of 5 receipt of copy of this Order. Further all the parties are directed not to create any third party interest in respect of the subject property, till disposal of the appeal. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The PrI. ‘'Secretary * to Govt, Revenue Department, State of AP Secretariat, Velagapudi, Guntur. 2. The District Collector, YSR District at Kadapa 3. The Revenue Divisional Officer, Jammalamadugu Division, Kadapa District. 4. The Tahsildar, Muddanur Mandal, YSR District. 5. One CC to M/s Kodati Ramya Krishna Advocate [OPUC] 6. One CC to Sri. K Gahi Reddy Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Three CD Copies GSC YSR HIGH COURT DATED:02/07/2025 1 ORDER WP NO. 15645 OF 2025 5 t l m 1025 5 ^ . Current Section ^*£gSPATCV^ " DISPOSING THE WP WITHOUT COSTS