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2025 DAILYLAW 22645 (AP)

PAYEDELA VENKATA SIVA REDDY v. THE STATE OF ANDHRA PRADESH

WP/16417/2025 · 2025-07-03

Venkateswarlu Nimmagadda

body2025

Judgment text

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i; *s APHC010318902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16417 OF 2025 Between: Payedela Venkata Siva Reddy, S/o. P. Papi Reddy Aged about 60 years, R/o H.No.1-116, Nandyal District-518135 Kondapuram Post, Dornipadu Mandal, ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, A.P. Secretariat at Velagapudi Revenue Department, Amaravati, Guntur District. 2. District Collector, Nandyal District, Nandyal. 3. Revenue Divisional Officer, Nandyal Division, Nandyal. 4. Tahsildar, Allagadda Mandal, Allagadda. 5. Sub Registrar, Allagadda. 6. Paluchani Pakkir Reddy, S/o, Chinna Pulla Reddy, Aged about 49 years, P. Chinthakunta Village, Allagadda Mandal, Nandyal District. 7. Koneti Prakash, S/o. Israil, Allagadda Town, Nandyal District. Aged about 47 years, Sagar Veedhi, 8. Nandyal Hussain Reddy, S/o. Bali Reddy, Aged about 54 Chinthakunta village Allagadda Mandal, Nandyal District. 9. Buttagalla Ramana, S/o. Venkateswarlu, years, P. Aged about 37 years Madigapeta, Chinthakunta Village. Allagadda Mandal, Nandyal District. « Vadia Bikari, S/o. Husen Vali, aged about 24 years, P dbinthakuntaVillage, Allagadda Mandal, Nandyal District i i t ...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 declaring the action of Respondents in deleting the name of P. Venkata Siva Reddy to an extent of Ac.0.50 cents in Sy.No.747/A1 without considering the objections putforth by Petitioner vide impugned order Rc. B. 148/2024 dt. 04.06.2025 is arbitrary, illegal, without jurisdiction and in violation of principles of natural justice and consequently direct the Respondents not to interfere with the name of Petitioner in existing Webland Records. 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 Respondents not to interfere with the name of Petitioner in existing Webland Records. Counsel for the Petitioner: SRI M.V. VIJAYADITYA REDDY Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent Nos.6 to 10: NONE APPEARED The Court made the following order: • • 1 • • • • X • • APHC010318902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY.THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16417/2025 [3329] Between: 1.PAYEDELA VENKATA SIVA REDDY. S/0. P. PAPI REDDY AGED ABOUT 60 YEARS, R/0 H.NO.1-116, KONDAPURAM POST, DORNIPADU MANDAL, NANDYAL DISTRICT-518135 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, NANDYAL DISTRICT. NANDYAL. 3. REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, NANDYAL. 4. TAHSILDAR, ALLAGADDA MANDAL, ALLAGADDA. 5. SUB REGISTRAR, ALLAGADDA. 6. PALUCHANI PAKKIR REDDY, S/0, CHINNA PULLA REDDY, AGED ABOUT 49 YEARS, P. CHINTHAKUNTA VILLAGE. ALLAGADDA MANDAL, NANDYAL DISTRICT. 7. KONETI PRAKASH, S/0. ISRAIL, AGED ABOUT 47 YEARS, SAGAR VEEDHI, ALLAGADDA TOWN, NANDYAL DISTRICT. 8. NANDYAL HUSSAIN REDDY, S/0. BALI REDDY, AGED ABOUT 54 YEARS, P. CHINTHAKUNTA VILLAGE ALLAGADDA MANDAL, NANDYAL DISTRICT. 9. BUTTAGALLA RAMANA, S/0. VENKATESWARLU, AGED ABOUT 37 YEARS, MADIGAPETA, CHINTHAKUNTA VILLAGE, ALLAGADDA MANDAL, NANDYAL DISTRICT. 10.VADLA BIKARI, S/0. HUSEN VALI, AGED ABOUT 24 2 ^^'NTHAKUNTAVILLAGE MANDAL, NANDYAL DISTRICT This Court made the following QRnpp . This writ petition is fiied under Articie 226 of the Constitution of india seeking the foiiowing relief: oi-der or declaring the action of Respondents in deleting the name of p. Venkata Siva Reddy to an extent of Mo 50 cents ,n Sy.No.747/A1 without considering the objections putforth by Petitioner vide impugned order Rc. a 148/2024 dt. 04.06.2025 is arblary Illegal without jurisdiction and in violation of Re oonseguenS direct the Respondents not to interfere with the n7tTop°ass.'‘'T'' ALLAGADDA ...RESPONDENT(S): 1. 2. Heard the learned counsel for the Assistant Government Pleader respondents. petitioners and the learned for Revenue appearing for the 3. The learned counsel for the petitioner is the absolute admeasuring to petitioner submits that the owner and possessor of the subject land an extent of Ac,0.50 cents in Sy. No. 747/A1, situated at Chinthakunta village, Allagadda Mandai Nandyal District, having acquired the same by way of a registered gift deed executed by his brother. Since dated 22.12.2022 then, the *>. 3 petitioner has been in continuous possession and enjoyment of the said land. The petitioner’s name was mutated in the revenue records, and Pattadar Passbook and Title Deeds were also issued in his favour. While so, the 7*'^ respondent made a complaint before the 4'*^ respondent stating that he had purchased an extent of Ac.0.09 cents in Sy. No. 747/A1 and requested that his name be incorporated in the Webland Adangals. Pursuant to the said request, the 4**^ respondent issued a notice to the petitioner directing him to attend the office of the official respondents. The petitioner, along with all necessary documents, attended before the official respondents. However, the 4'^ respondent, without considering the objections raised by the petitioner, issued the impugned proceedings dated 04.06.2025, ordering the deletion of the petitioner’s name from the revenue records in respect of the subject land. Hence, the present writ petition. On the other hand, learned Government Pleader for the 4. respondents submits that as per Section 5(4) of the amended Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short ‘Act 26 of 197T), the petitioner herein is available with an statutory alternative remedy of filing an Appeal before the 4 competent authority for redressal of his grievance. As such, if the petitioner prefers an Appeal before the competent authority ventilating his grievance, the competent authority would consider the same and pass appropriate orders, in accordance with law, within a reasonable time. 5. For better understanding Section 5(4) of the amended Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short Act 26 of 1971’) is extracted hereunder: “Any person aggrieved by any order passed under Sub Sections (1), 2(a) and the amendment of R.O.R under Sub Section (3), above may prefer an appeal before the District Revenue Officer within a period of thirty (30) days from the date of receipt of such order amendment of R.O.R, the appellate authority shall dispose the appeal preferably not later than six months from the date of filing of such appeal.” or 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner herein to prefer an Appeal before the competent authority/ Appellate authority i.e.. District Revenue Officer/ Revenue Divisional Officer, ventilating grievance, as per Section 5(4) of Act 26 of 1971 and pursuant to his . % ^ 5 the new amendment to Section 5(4) of the Act, within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of such Appeal, the respondent authorities are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, in accordance with law, within a period of three (03) months, thereafter. In the meanwhile, status-quo obtaining as on today shall be maintained by both the parties in respect of the revenue entries of the subject property. With the above direction, writ petition is disposed of. No 7. costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- m. SRLNtV.AS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, A.P. Secretariat at Velagapudi, Amaravati, Guntur District. 2. District Collector, Nandyal District, Nandyal. 3. Revenue Divisional Officer, Nandyal Division, Nandyal. 4. Tahsildar, Allagadda Mandal, Allagadda. 5. Sub Registrar, Allagadda. 6. One CC to Sri. M.V. Vijayaditya Reddy, Advocate [OPUC] 7. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AL ' ■■ ■ : •:HIGH COURT ♦ DATED:04/07/2025 ORDER WP NO. 16417 OF 2025 2 3 SEP 2025 £ri o ^^^VQajrent Sectjoitx>^ DISPOSING OF THE W.P. WITHOUT COSTS