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2025 DAILYLAW 22514 (AP)

MADDUKURI RAMAKRISHNA v. The State of Andhra Pradesh,

WP/15780/2025 · 2025-07-01

Venkateswarlu Nimmagadda

body2025

Judgment text

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ij APHC010316432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 15780 OF 2025 Between; Maddukuri Ramakrishna, S/o. Laikshmana rao Aged about 65 years, Occ: Business Samisragooda Village, Nidadavolu Mandal East Godavari District. 1. Jandyam Venkat Siva Prasad, S/o. Subbarao Aged about 45 years, Occ; Business Podili Village and Mandal Prakasanl District. 2. Aala Suresh, S/o.Venkateswarlu Aged about 45 years, Occ; Agriculture Goginenivaripalem Village, LJppalapadu post Podili Mandal ; Prakasam District. 3. ) Parnidi Venkata Ramesh Babu, S/o. Venkata Rao ' Aged about 56 years, Occ; Agriculture Rajupalem, Lakshmipurarn, Karnbampadu jDost Chemakurthi Mandal Prakasarn District. 4. 5. Yarraguntla Sumalatha, W/o. Seshaiah Aged about 36 years, Occ; House wife Kuanarnnenivaripalem, Goniguntla Post Cheemakurthi Mandal Prakasam District. Nalluri Srinivasa Rao, S/o.Subbarao Aged about 53 years, Occ; Agricultur Marellaguntapalem, Pedakothapalli Maddipadu Mandal Prakasam District. 6. Nalluri Venkata Pradeep, S/o. Varaprasada Rao 7. b Aged about 40 years, Occ: Agricultur BrundavanNagar, Ongole town and Mandal Prakasam District. / 8. Narella Yedukondalu,S/o. Venkateswarlu Aged about 50 years, Occ: Agriculture ■' ,-Podili Village and Mandal Prakasam District. 9. Narella Suresh S/o. Subbarao Aged about 45 years, Occ: Agriculture Podili Village and Mandal Prakasam District. 10. Vemuri Venkata Siva Naga Sampath Kumar S/o. Radha Krishna Murthy Aged about 40 years, Occ: Business Door No. 3-62, MallavaramVillage Maddupadu Mandal Prakasam District. 11. Katuri Kiran Kumar, S/o. Venkateswara Rao Aged about 40 years, Occ: Business Door No. 8-165-1/5, Rajeev Nagar Ongole town and Mandal Prakasam District. . 12. Kuppam Venkatas Srinivasa Rao, S/o. Aged about 50 years, Occ: Employee Podili Village and Mandal. Prakasam District. 13. Inturi Krishna Mohan, S/o. Anand Ram Aged about 35 years, Occ: Employee Chirala Village and Mandal Prakasam District. . V 14. Danthala Thatha Rao, S/o.Gurumurthy Aged about 78 years, Occ: Agricultur ’ Uppalapadu Village and Mandal Giantur District. 15. Ullipalepu Jaya Bhavani, W/o. Srinivasa Rao Aged about 45 years, Occ: House wife Bogolu village and Mandal West Godavari District. 16. Nagisetty Ravi Prasad, S/o. Vidhya Prasad Aged about 51 years, Occ: Advocate Sai Ranga Recidency, Saidabad Hyderabad, Telangana State. Nagisetty Dhinakar Prasad, S/o. Vidhya Prasad Aged about 50 years, Occ: vSai Ranga Recidency, Saidabad Hyderabad, Telangana State. 17. 18. Baburao Madhan Mohan, S/o. Baburao Aged about 52 years, Occ: Employee Kondambukam, Chennai Tamilnadu State. Sareddy Pulla Reddy, S/o. Chinna Narasa reddy Aged about 49 years, Occ: Agricultures Marripudi Village and Mandal Prakasam District. 19. Lakshmisetty Subbarao, S/o. Narasaiah Aged about 55 years, Occ: Agriculture Mai'ripudi Village and Mandal Prakasam District. 20. r Chundi Kanaka Raghava Rao, S/o. Kanaka Raghava Rao Aged about 54 years, Occ: Rtd., Employee Marripudi Village and Mandal , Prakasam District. 21. 22. Pallaki Basivi Reddy, S/o. Kotaiah Aged about 62 years, Occ: Agricuture Marripudi Village and Mandal Prakasam District. Srikantam Ramadevi, W/o. Satyanarayana Aged about 70 years, Occ: Housewife Marripudi Village and Mandal Prakasam District. 23. 24. Alavala Radha, W/o. Venkata Satyanarayana Aged about 52 years, Occ: Business Kandulapuram Village, Kambam Mandal Prakasam District. » Alavala Venkata Narayana Rao, S/o. Chenchu Subbarao Aged about 55 years, Occ: Business Podili Village and Mandal 25. Prakasam District. 26. Alavala Sudhakar Rao, S/o. Chenchu'Subbarao Aged about 62 years, Occ: Business Podili Village and Mandal Prakasam District. .. Petitioners AND The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department A.P Secretariat, Velagapudi, Amaravathi Guntur District. 1. 2. The District Collector Prakasam District, Andhra Pradesh. 3. The Revenue Divisional Officer Kanigiri, Prakasam Dist. The Tahsildar, Marripudi Marripudi Mandal Prakasam District. Andhra Pradesh. 4. ..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 an appropriate Writ Order or orders, or Direction more one in the nature of WRIT OF MANDAMUS by declaring the action of the 4 names in an extent of Ac. 329-27 cents in Sy. No. 990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Prakasam District, even though the proceedings passed by respondent to the 4'*^ respondent dated 17-5-2025, the 4‘^ respondent is directed to act accordingly and to take necessary action on issue of Pattadar Pass Books to the petitioners, as per AP Rights in Land and Pattadar Pass Books AACT,1971 and rules, 1989 by using all the available evidences of the subject land is highly illegal, arbitrary, violation of Articles 14,19 (g) 21 and 300 (A) of Constitution of India , violation of the Issuance of the pattadar books Act, RoR Act and also violation of Principles of Natural Justice consequently direct the 4th respondent to issue E’ Pass books and th respondent in not to issue E’ Pass books and mutate the petitioner the revenue records for Division, the 3 rd pass , and Mutate the petitioner names in the revenue records for an extent of Ac. 329-27 cents in Sy. No. 990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Division, Prakasam District by considering the 3rd respondents proceedings dated 17-05-2025. 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 direct the 4*^ respondent to issue E’ Pass books and Mutate the petitioner names in the revenue records for an extent of Ac. 329-27 cents in Sy. No. 990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Division, Prakasam District by considering the 3''^ respondents proceedings dated 17-05- 2025. Counsel for the Petitioners: SRI VENKATESWARLU GADA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE r The Court made the following: ORDER APHC010316432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I [3329] r WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15780/2025 Between: 1. MADDUKURI RAMAKRISHNA, S/0. LAKSHMANA RAO AGED ABOUT 65 YEARS, OCC. BUSINESS SAMISRAGOODA VILLAGE, NIDADAVOLU MANDAL EAST GODAVARI DISTRICT. 2. JANDYAM VENKAT SIVA PRASAD,, S/0. SUBBARAO AGED ABOUT 45 YEARS, OCC. BUSINESS PODILI VILLAGE AND MANDAL PRAKASAM DISTRICT 3. AALA SURESH,, S/O.VENKATESWARLU AGED ABOUT 45 YEARS, GOGINENIVARIPALEM OCC. AGRICULTURE UPPALAPADU POST PODILI MANDAL PRAKASAM DISTRICT. VILLAGE 4. PAMIDI VENKATA RAMESH BABU,, S/0. VENKATA RAO AGED ABOUT 56 YEARS, OCC. AGRICULTURE RAJUPALEM, LAKSHMIPURAM, KAMBAMPADU POST CHEMAKURTHI MANDAL PRAKASAM DISTRICT. 5. YARRAGUNTLA SUMALATHA, , W/0. SESHAIAH AGED ABOUT 36 YEARS, OCC. HOUSE WIFE KUANAMNENIVARIPALEM, GONIGUNTLA POST CHEEMAKURTHI MANDAL PRAKASAM DISTRICT. 6. NALLURI SRINIVASA RAO,, S/0.SUBBARAO AGED ABOUT 53 YEARS, OCC. AGRICULTUR MARELLAGUNTAPALEM, PEDAKOTHAPALLI MADDIPADU MANDAL PRAKASAM DISTRICT. 7. NALLURI VENKATA PRADEEP,, S/0. VARAPRASADA RAO AGED ABOUT 40 YEARS, OCC- AGRICULTURE BRUNDAVANNAGAR, 2 ONGOLE TOWN AND MANDAL PRAKASAM DISTRICT. 8. NARELLA YEDUKONDALU,, S/0. VENKATESWARLU AGED ABOUT 50 YEARS, OCC- AGRICULTURE PODILI VILLAGE AND MANDAL PRAKASAM DISTRICT. 9. NARELLA SURESH, S/0. SUBBARAO AGED ABOUT 45 YEARS, OCC- AGRICULTURE PODILI VILLAGE AND MANDAL PRAKASAM DISTRICT. 10.VEMURI VENKATA SIVA NAGA SAMPATH KUMAR, S/0. RADHA KRISHNA MURTHY AGED ABOUT 40 YEARS, OCC- BUSINESS DOOR NO. 3-62, MALLAVARAMVILLAGE MADDUPADU MANDAL PRAKASAM DISTRICT. 11.KATURI KIRAN KUMAR,, S/0. VENKATESWARA RAO AGED ABOUT 40 YEARS, OCC BUSINESS DOOR NO. 8-165-1/5, RAJEEV NAGAR ONGOLE TOWN AND MANDAL PRAKASAM DISTRICT. 12.KUPPAM VENKATAS SRINIVASA RAO, , S/0. AGED ABOUT 50 YEARS, OCC EMPLOYEE PODILI VILLAGE AND MANDAL, PRAKASAM DISTRICT. 13.INTURI KRISHNA MOHAN,, S/0. ANAND.RAM AGED ABOUT 35 YEARS, OCC EMPLOYEE CHIRALA VILLAGE AND MANDAL PRAKASAM DISTRICT. 14.DANTHALA THATHA RAO,, S/O.GURUMURTHY AGED ABOUT 78 UPPALAPADU VILLAGE AND YEARS, OCC AGRICULTUR MANDAL GUNTUR DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS SECRETARY, REVENUE DEPARTMENT VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ANDHRA PRADESH. PRINCIPAL A.P SECRETARIAT, 3.THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DIST. 4.THE TAHSILDAR, MARRIPUDI MARRIPUDI MANDAL PRAKASAM DISTRICT. ANDHRA PRADESH. ...RESPONDENT(S): 3 ¥ 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 an appropriate Writ Order or orders, or Direction more one in the nature of Writ of Mandamus by declaring the action of the 4th respondent in not to issue E Pass books and mutate the petitioner names in the revenue records for an extent of Ac. 329-27 cents in Sy. 329-27 cents in Sy. No. 990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Division, Prakasam District, even though the proceedings passed by the 3rd respondent to the 4th respondent dated 17-5-2025, the 4th respondent is directed to act accordingly and to take necessary action on issue of Pattadar Pass Books to the petitioners, as per AP Rights in Land and Pattadar Pass Books AACT, 1971 and rules, 1989 by using all the available evidences of the subject land is highly illegal, arbitrary, violation of Art 14,19 (g) 21 and 300 (A) of Constitution of India , violation of the Issuance of the pattadar pass books Act, RoR Act and also violation of Principles of Natural Justice, and consequently direct the 4th respondent to issue E Pass books and Mutate the petitioner names in the revenue records for an extent of Ac. 329-27 cents in Sy. No. 990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Division, Prakasam District by considering the 3rd respondents proceedings dated 17-05-2025 and 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 direct the 4th respondent to issue E’ Pass books and Mutate the petitioner names in the revenue records for an extent of Ac. 329-27 cents in Sy. No. 990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Division, Prakasam District by considering the 3rd respondents proceedings dated 17-05- 2025 and pass Counsel for the Petitioner(S): 1.VENKATESWARLU GADA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15780/2025 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 4^ respondent in not to issue E-Pass books and mutate the petitioners names in the revenue records for an extent of Ac.329-27 cents in Sy.No.990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Division, Prakasam District even though the proceedings passed by the 3''^ respondent to the 4'^ respondent dated 17.05.2025, the 4^ respondent is directed to act accordingly and to take necessary action on issue of Pattadar Pass Books to the petitioners, as per A.P. Rights in Land and Pattadar Pass Books Act, 1971 and Rules, 1989 by using all the available evidences of the subject land is highly illegal, arbitrary, violation of Art 14, 19 (g), 21 and 300-A of Constitution of India, violation of the Issuance of the pattadar pass books Act, RoR Act and also violation of Principles of Natural Justice and consequently direct the 4^ respondent to issue E-Pass books and Mutate the petitioners names in the revenue records for an extent of Ac.329-27 cents in Sy. No. 990/1 situated in Marripudi Village, Marripudi Mandal, Kanigiri Revenue Division, Prakasam District by considering the 3''^ respondents proceedings dated 17.05.2025 and pass such other order. ” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for the respondents. 3. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the application ■y 5 submitted by the petitioners seeking for mutation and issuance of pattadar pass books. 4. Learned Assistant Government Pleader for the respondents furnished written instructions dated 27.06.2025 issued by the 4^*^ respondent, wherein it is stated as follows; "The impugned mention about 3''^ respondent-Revenue Divisional Officer, Kanigiri proceedings dated 17.05.2025 is not an a direction or order issued and it was formal course of action and a letter form of intimation about fact that Tahsildar, Marripudi is a decision maker being recording authority for issue of pattadar pass books. The final action is going to be taken on the pending mutation claims in respect of Sy. No. 990/1 of Marripudi Village and Mandal filed by writ petitioners. In the meantime, the petitioner herein invoked the extraordinary jurisdiction of Hon’ble High Court which in unjust and unwarranted, in terms of orders of Hon’ble High Court dated 17.09.2021 in similar W.P.No.20392/2021 i.e., present case would attract none of the conditions to entertain writ of mandamus. ” 5. In view of the written instructions submitted by the learned Assistant Government Pleader for the respondents, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of 6 1 India v. P.Venkatesh , wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the application filed by the petitioners seeking mutation and for issuance of pattadar pass books, this Court find no other alternative except to issue such direction. 6. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the application filed by the petitioners seeking for mutation and for issuance of pattadar pass books with reference to the proceedings dated 17.05.2025 issued by the 3’’'^ respondent and in accordance with the provisions of the A.P. Right in Land and Pattadar Pass Books Act, 1971, after providing opportunity of hearing to the parties concerned, within a period of three(3) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. T2019(8) SCALE 544 Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi Guntur District. % The District Collector, Prakasam District, Andhra Pradesh. The Revenue Divisional Officer, Kanigiri, Prakasam District. The Tahsildar, Marripudi Marripudi Mandal Prakasam District. Andhra Pradesh. One CC to Sri Venkateswarlu Gada, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CD Copies. 2. k- 3. 4. 5. 6. 7. g< 1 HIGH COURT DATED;02/07/2025 ORDER WP.No.15780 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS