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2025 DAILYLAW 23488 (AP)

YARAGANI NAGAMMA v. THE STATE OF AP

WP/17805/2025 · 2025-07-22

Subba Reddy Satti

body2025

Judgment text

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APHC010331512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 178Q5 OF 2025 Between: 1. Smt. Yaragani Nagamma, W/o Late Narayana Aged Cultivation, R/o 27th Ward, Suddhaguntia Street, Piduguralla Town Palnadu District. 2. Kandrakunta Ravi Kumar, S/o Koteswar 70 years, Rao, Aged 48 years. Cultivation, R/o 11th Ward, Bramhanana Reddy Colony, Near Railway Gate, Piduguralla Town, Palnadu District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Narsaraopet, Palnadu District. 3. The Joint Collector, Narsaraopet, Palnadu District. 4. The Revenue Divisional Officer, Sattenapalli Division, Palnadu District. 5. The Tahsildar, Bellamkonda 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 issue a Writ, Order, or Direction more particularly one in the nature of Writ, Order, or Direction more particularly one in the nature of WRIT OF fj : MANDAMUS declaring the action of the 5th respondent, in deleting the names of the Petitioners from the Revenue records (IB Adangal/Web Land) in Survey No.334/1B2 of Papayapalem Village, Bellamkonda Mandal, Palnadu District, measuring Ac.6.00 cents lawfully assigned and possessed by the petitioners and redesignating the same to LPM No.803, without issuing any prior notice, calling for objections, or affording any opportunity of hearing the petitioners, as illegal, arbitrary, irrational, and violative of the natural justice and the mandatory procedure prescribed under Sections 4 and 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the Rules framed thereunder, and in direct contravention of the law laid down by the Full Bench of this Hon’ble Court in Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal and Others 2007 (6) ALD 348 (FB), and further offending the petitioners fundamental to principles of reported in and constitutional rights guaranteed under Articles 14 Constitution of India and consequently direct the 5th respondent, to restore the 21, and 300A of the respondents, particularly the names of the petitioners in the Record of Rights. lA NO: 1 OF 2Q2fi 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 5th Respondent, Bellamkonda Mandal, Palnadu District to forthwith conduct an inquiry and take appropriate action on the representation dated 01.01.2025 in accordance with law and the directions issued by the 4th and further restrain the respondents from assigning, or allotting the subject land in favour of third parties. Respondent vide Rc.No.767/2025-A, dated 12.02.2025 Counsel for the Petitioners: G SAI LOCHAN Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010331512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] r WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17805/2025 Between: 1.YARAGANI NAGAMMA, W/0 LATE NARAYANA AGED 70 YEARS, CULTIVATION, R/0 27TH WARD, SUDDHAGUNTLA STREET, PIDUGURALLA TOWN, PALNADU DISTRICT. 2.KANDRAKUNTA RAVI KUMAR,, S/0 KOTESWAR RAO, AGED 48 YEARS. CULTIVATION, R/0 11TH WARD, BRAMHANANA REDDY COLONY, NEAR RAILWAY GATE, PIDUGURALLA TOWN, PALNADU DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NARSARAOPET, PALNADU DISTRICT. 3.THE JOINT COLLECTOR, NARSARAOPET, PALNADU DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI DIVISION PALNADU DISTRICT. 5.THE TAHSILDAR, BELLAMKONDA MANDAL, PALNADU 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 a Writ, Order, or Direction more particularly one ■■■■ ' SK W.P.No.17805 ofZOlv s.:s rrr£JF“■“ laid down by the Full Bench of this Honble Court in ChinnlrPanT “ooTmi ALdZ and Others " ^007 (6) ALD 348 (FB), and further offending the constitutional rights guaranteed under Articles Constitution of India and consequently direct the respondents 5th respondent, to restore the Rights and pass iA NOi1OF2025 reported in petitioners fundamental and 14, 21, and 300A of the , particularly the names of the petitioners in the Record of :rrrrrr“ ^ pass Counsel for the Petitioner(S): 1.G.SAI LOCHAN Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: SRS,J W.P.NO.17805 of 2025 :: ORDER :: Heard Sri G. Sai Lochan, learned counsel for the petitioners and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 5. 2. Learned counsel would submit that the petitioners were assigned land of an extent of Ac.3-00 cents, each in survey No.334/1B2, Papayapalem Village, Bellamkonda Mandal, Palnadu District, vide D-Form patta Nos.607 and 615 dated 15.12.2000 by the then Tahsildar. The names were updated in ROR, and the petitioners were issued Pattadar Pass Books. He would further submit that the adangal dated 06.12.2024 filed as Ex.PO reflects the names of the petitioners in respect of an extent of Ac.3-00 each, and in the remarks, it was mentioned as D K Patta. 3. Be that as it may, without issuing any notice to the petitioners, the entries in the webland adangal were changed, describing the land to an extent of Ac.6.0330 cents in survey No.334-1B2 as government land and Ralla Gutta. 4. The petitioners made a representation, dated 01.01.2025, to the District Collector, Joint Collector of Palnadu District and Revenue Divisional Officer, Sattenapalli. The Revenue Divisional Officer, Sattenapalli, in turn, addressed letter to the Tahsildar, Bellamkonda Mandal, vide Rc. No. 767/2025-A dated 12.02.2025, directing the Tahsildar to inquire into the matter and submit a report. However, the Tahsildar has not conducted any enquiry, and hence, the writ petition has been filed. Learned Assistant Government Pleader for Revenue, on instructions, would submit that no notice was issued to the petitioners before changing the entries. a 5. Page 4 ofS W.P.No.i78l?5 of 2075^ 6. The oral instructions of Revenue are made the etamed Assistant Government Pleader for part of the record. 7. Since enquiry and submit respondent No.4, RDO, directed the Tahsildar to conduct not serve representation made by the representation. an a report, keeping the writ petition pending, it may any purpose. In fact the RDO, i petitioner, sought for in pursuance of the a report and thus acted upon the 8. Given the facts disposed of at the admission side, directing respondent and circumstances of the stage, with the No.5, Tahsildar to case, this writ petition i consent learned IS counsel on either conduct enquiry and submit a report within four weeks from Ex.PI2, letter dated receipt of the copy of the order, in pursuance of Ac 3 00 earh ' ''egarding change of entries i AC.8 00 each, m survey No.334/1B2 Mandal, Palnadu District, in respect of Papayapalem Viilage, Bellamkonda assigned to the petitione or the appropriate authority necessary, by issuing notice to rs. Thereafter, the learned shall pass appropriate the petitioners respondent No.4 law, if entries. orders per regarding correction of 9. Pending the inquiry and assign the subject land to costs. a final decision, any third parties. There shall respondents 2 to 5 shall be no order not as to As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINiV.AS ASSISTANT REGiSTRAR //true copy// SEC To, FSCER 1. The Principal Secretary, “ Amaravati, Guntur District. 2. The District Collector 3- The Joint Collector, ■4. The Revenue 3- The Tahsildar, 6. One CC to Sri T TwoCCsto - 8- Two CD Copies ’ Revenue Department. Secretariat, Velagapudi, ’ ^a'-saraopet, Palnadu Narsaraopet. Palnadu Divisional Officer, District. District. R „ ^ettenapalli Division BellamKonda Mandal, Palnadu Dlstho ^ Sa/ Lochan Advocate fOPUCJ GPfof Revenue, High Court Of Andhra Pradesh Palnadu District. fOUTj TF •h-‘ < iS 'V I ‘K- v*! %f. ‘ HIGH COURT 1%. DATED:23/07/2025 ORDER WPNO. 17805 OF 2025 DISPOSING OF THE W.P. AT THE STAf'c nc ADMISSION, WITHOUT COSTS