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2025 DAILYLAW 23007 (AP)

B AKSHITHA v. THE STATE OF ANDHRA PRADESH

WP/16571/2025 · 2025-07-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010324282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16571/2025 Between: 1. B AKSHITHA, D/O B. OBI REDDY, AGED ABOUT 30 YEARS, OCC AGRICULTURE, R/O D. NO.1-27A, O.C COLONY, CHEGICHERLA VILLAGE, DHARMAVARAM MANDAL, SRI SATHYA SAI DISTRICT. 2. B.RAHUL REDDY, S/O B. PRABHAKAR REDDY, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, R/O D.NO.1-27, CHEGICHERLA VILLAGE, DHARMAVARAM MANDAL, SRI SATHYA SAI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPURAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPURAM DISTRICT. 4. THE TAHSILDAR, DHARMAVARAM MANDAL, SRI SATHYA SAI DISTRICT, ERSTWHILE ANANTHAPURAM DISTRICT. 5. YURUKALA THIKKAIAH, S/O VANNURAPPA, AGED ABOUT 40 YEARS, R/O UPPUNESENAPALLI, H/O CHIGICHERLA VILLAGE, DHARMAVARAM MANDAL,RI SATHYA SAI DISTRICT. 2 NV,J W.P.NO.16571 OF 2025 6. YURUKALA KRISHANIAH, S/O LATE SREERAMULU, AGED ABOUT 46 YEARS, R/O UPPUNESENAPAILI, H/O CHIGICHERLA VILLAGE, DHARMAVARAM MANDAL SRI SATHYA SAI 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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the impugned proceedings in D D No.301 and 303/2024/A dated 22-01-2025 of the respondent No.4 in canceling the entries in 1-B Nos. 109 and 110 and the Pattadar Pass Books geanted in favour of the petitioners on entertaining the petition submitted to him by the respondents 5 and 6 in respect of Ac.2.00 in Sy.No.176-1 and Ac.2.00 in Sy.No.176-4 of Chigicherla Village, Dharmavaram Mandal, Sri Sathya Sai District, Erstwhile Ananthapuram District by deleting the names of the petitioners and to incorporate the webland entries in favour of respondents 5 and 6 for an extent of Ac.2.00 in Sy.No.176-1 and Ac.2.00 in Sy.No.176-4 of Chigicherla Village, Dharmavaram Mandal, Sri Sathya Sai District, Erstwhile Ananthapuram District without any authority and jurisdiction arbitrary, illegal, contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and A.P Assigned Lands and Prohibitions Transfers Act, 1977 and consequently direct the 4th respondent to restore the names of the petitioners in the webland and pass such IA 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 may be pleased to suspend the impugned proceedings in Dis no 301 & 303/2024/A dated 22-01-2025 issued by the 4th respondent pending disposal of the writ petition and pass such IA NO: 2 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 may be pleased to direct the 4th respondent not to interfere with the peaceful possession and enjoyment of the land an extent of Ac.2.00 in Sy.No.176-1 and Ac.2.00 in Sy.No.176-4 of Chigicherla Village, Dharmavaram Mandal, Sri Sathya Sai District, Erstwhile Ananthapuram District, pending disposal of the writ petition and pass such 3 NV,J W.P.NO.16571 OF 2025 Counsel for the Petitioner(S): 1. S KRISHNA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 NV,J W.P.NO.16571 OF 2025 O R D E R: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “ ...to issue a writ of mandamus or any other appropriate writ or direction declaring the impugned proceedings in D D No.301 and 303/2024/A dated 22-01-2025 of the respondent No.4 in canceling the entries in 1-B Nos. 109 and 110 and the Pattadar Pass Books geanted in favour of the petitioners on entertaining the petition submitted to him by the respondents 5 and 6 in respect of Ac.2.00 in Sy.No.176-1 and Ac.2.00 in Sy.No.176-4 of Chigicherla Village, Dharmavaram Mandal, Sri Sathya Sai District, Erstwhile Ananthapuram District by deleting the names of the petitioners and to incorporate the webland entries in favour of respondents 5 and 6 for an extent of Ac.2.00 in Sy.No.176-1 and Ac.2.00 in Sy.No.176-4 of Chigicherla Village, Dharmavaram Mandal, Sri Sathya Sai District, Erstwhile Ananthapuram District without any authority and jurisdiction arbitrary, illegal, contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and A.P Assigned Lands and Prohibitions Transfers Act, 1977 and consequently direct the 4th respondent to restore the names of the petitioners in the webland and pass such...”(in verbatim) 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Since the petitioners have preferred a Revision petition before the appropriate authority challenging the impugned order dated 22.01.2025, they cannot be permitted to agitate the same grievance before two forums simultaneously. It is a settled proposition of law that no person can seek redressal of the same grievance before two separate forums at the same time. In view of the same, as the petitioners have already availed the remedy of a Revision petition, they are directed to pursue their grievance through the said Revision petition, which is a statutory remedy available to them. 4. In view of the submissions made by the learned counsel for the petitioners that the Revision petition filed before the 3rd respondent can be disposed of within a reasonable time, the same may be considered in accordance with law and by observing the principles of natural justice. 5 NV,J W.P.NO.16571 OF 2025 5. Considering the submissions made by both learned counsel and on perusal of the material on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the 3rd respondent to consider and dispose of the Revision petition/Appeal filed by the petitioners within a period of three (03) months from the date of receipt of a copy of this order, in accordance with law and after providing an opportunity of hearing to the petitioners, in lieu of compliance of the principles of natural justice. 6. In the meanwhile, status quo as on today with respect to the revenue entries concerning the subject property shall be maintained by all the parties concerned. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:07.07.2025 LSP 6 NV,J W.P.NO.16571 OF 2025 60 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16571/2025 Date:07.07.2025 LSP