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2025 DAILYLAW 23413 (AP)

SAKHAMURI SRINIVASU v. THE STATE OF ANDHRA PRADESH

WP/16817/2025 · 2025-09-08

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010329862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16817 OF 2025 Between: Sakhamuri Srinivasu, S/o V G L Narasimha Rao Aged 53 years Occ: Business R/o Seetha Nomula Enclave Tarakarama Nagar 0 LINE Opp Vikas in Restaurant J K C College Road, Guntur - 522506 ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department Secretariat Building Velagapudi Guntur District 2. The Revenue Divisional Officer, Sattenapalli Revenue Division Sattenapalli, Palnadu District 3. TheTahsildar, Atchampeta Mandal Palnadu District ...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 pass orders or direction more particularly one in the nature of writ of Mandamus declare the in action the respondent no. 3 i.e. Achampeta Mandal, in implementing the orders of the Hon'ble RDO, dated 25-11-2023 in RC No: 1214/2023, without Tahsildar, there being any stay to the implement the orders dated 25-11- 2023, as illegal, arbitrary and against the constitution of India, and consequently direct the Tahsildar, Achampeta / Mandal, Palnadu District, i.e, the Respondent no,3 herein to implement the orders of the RDO, in RC No. 1214/2023, dated 25-11-2023 by entering the names of the petitioner in the revenue records and to issue the pattadar passbook and title deeds in favour or the petitioner with regard to the land in sy no. 175,176,178 and 197 in Konuru village, Achampeta Mandal, Palnadu District, admeasuring 10-79 cents with in tie time bound manner. 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 respondent no. 3 to implement the orders of the RDO, in RC No, 1214/2023, dated 25-11-2023, with in the stipulated time more particularly within the period of 4 weeks and to issue pattadar pass book and title deed in favour of the petitioner herein until pending disposal of the above writ petition. Counsel for the Petitioner: M/s SRJDEVI JAMPAN! Counsel for the Respondents: GP FOR REVENUE The Court made the following order: THE honourable SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 16817 of 2025 ORDER: The present Writ Petition is filed to declare the inaction of respondent No.3 in implementing the order dated 25.11.2023 made in RC.No.1214/2023 of the respondent No.2, which amounts to arbitrary, unjust, illegal, abdication of duty, failure to exercise power and in violative of provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short, ‘the Act’), and consequently, prayed to direct respondent No.3 to comply with the order dated 25.11.2023 of* respondent No.2. Learned State Counsel placed on record the written instructions 2. of the Tahsildar dated 09.07.2025 addressed to the Government Pleader Office for Revenue, High Court of Andhra Pradesh, relevant portion of the same is extracted hereunder: The “It is submitted that, as per the orders of the then Revenue Divisional Officer, Sattenapalli, this office implementing the orders by removing the entries in web land to an extent of Ac.2- 00 cents in Sy.No.175, to an extent of Ac.0-39 cents & Ac.0-40 * cents in Sy.No.176, to an extent of Ac.4.00 cents in Sy.No.197 of Kanuru Village by the then Tahsildar, Atchampet Mandal, only to an extent of Ac.3.98 cents in Sy.No.178 were not removed due to technical issues. 2 Further it is submitted that, the in the Court of Revenue Divisional challenging the orders of the Respondent No.2 opponents of the Petitioner Officer, Sattenapalli, in the present case and filed a Revision Petition before the Joint Collector’s Court, Palnadu, and it was under enquiry at the Joint Collector Court, Palnadu and it is further submitted that the opponents of the present petitioner in the Court of Revenue Dvisional Officer, Sattenapalli, also filed O.S. No.664/2024 665/2024, 666/2024 also pending at Principal Junior Civil Judge Court, Sattenapalli, Palnadu District. For the reasons stated above, the request of the present petitioner i.e., to mutate his office can take name as Pattadar for the lands, this necessary actions as per the final orders Principal Junior Civil Judge Court, Sattenapalli and the Joint Collector Palnadn ” of 3. The learned Assistant Government Pleader even an endorsement from would submit that a District Collector must adhere to the procedure as stipulated in the A.P, Rights in Land and Pattadar Pass Books Act, 1971, and Section 6A of the Act stipulates the particular and Title Deed. The law a particular procedure, a particular manner, it has to be done in the same procedure for issuing a Pattadar Pass Book very well settled that when the law prescribes things to be done in IS manner. 4. Therefore, the present Writ Petition petitioner herein to file is disposed of, directing the an application under Section 6 of the Act within 3 a period of three (3) weeks from the date of receipt of a copy of this order and on filing such application, the Respondent No.4-Tahsildar is directed to follow the procedure as stipulated under Section 6A of the Act and pass appropriate orders in accordance with law within a period of four weeks therefrom. / 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. Sd/- K J RAJA BABU assistant registrar SECTOIN OFFICER //TRUE COPY// To, /■ 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, Secretariat Building Velagapudi Guntur District 2. The Revenue Divisional Officer, Sattenapalli Revenue Division Sattenapalli, Palnadu District 3. TheTahsildar, Atchampeta Mandal Palnadu District 4. One CC to Sri. Sridevi Jampani Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies GSC /■ HIGH COURT DATED;09/09/2025 ORDER WP NO. 16817 OF 2025 5 2 3 SE? 2025 ™ ^ . Current Section . DISPOSING THE WP WITHOUT COSTS