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2025 DAILYLAW 23615 (AP)

Gudapati Subbalaxmi v. The State of Andhra Pradesh

WP/16719/2025 · 2025-08-18

Tarlada Rajasekhar Rao

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010332102025 IN THE HIGH COURT OF ANDHRA PRADESH- ATAMARAVATI (Special Original Jurisdiction) Tl Is vw TUESDAY. THE NINETEENTH DAY OF AUGUST^^^^^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR R;^ WRIT PETITION NO: 16719 OF 2025 "CS; 'I poll i; Between: 1. Gudapati Subbalaxmi, W/o Gudapati Pulla Rao Aged about 67 years, Occ- Daily Labour, R/o H,No 1-78, Ganneru koyapadu Gowridevipeta, yetapaka Mandal, Thotapalli, Nellipaka, East Godavari District, AP- 507134. 2. Gudapati Pulla Rao, S/o Biksham, Aged About 77years, Occ- Daily Labour, R/o H.No 1-78, Ganneru koyapadu Gowridevipeta, yetapaka Mandal, Thotapalli, Nellipaka, East Godavari District, AP-507134. ...Petitioners AND 1. The State of Andhra Pradesh, rep by its Principal Secretary to Government Revenue Department, Nelapadu, Secretariat Buildings Velagapudi, Krishna District 2. The District Collector, O/o National Academy of Constructions, Dowleswaram, Rajahmahendravaram, East Godavari District, Andhra Pradesh 3. The Revenue Divisional Officer, Yetpaka Mandal, East Godavari District, AP. 4. The Tahsildar, Yetpaka Mandal, East Godavari Distrrict, AP. 5. Deputy Tahsildar, Yetpaka Mandal East Godavri District, AP. ...Respondents. iBS; m 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 more particularly in the nature of Writ of Mandamus declaring the action of the Respondent in not mutating the name of the petitioners for their lands in an extent of Ac. 23.25 cents of land in Survey Numbers 2/3, 13 and 92 at Nallakunta village and Mandal of Nallkunta Revenue Division, Eat Godavari District and not granting Pattadhar passbook and title Deeds, despite of order of the Hon’ble High court passed in WP.No. 23035 of 2022 dated 16-08-2022 not considering the representation dated 23-07-2023 is being arbitrary and illegal violate of Article 14 and 21 of the Constitution of India of the order in contravention to the AP rights in land and pattadhar pass Book Acts 1971 and rules 1989 and the Rules framed thereunder and consequently direct the Respondents 4 and 5 to issue pattadhar Pass Book by mutating their names in Ac. 23.25 cents of land in Survey numbers 2/3, 13 and 92 at nallakunta village and Mandal of nallkunta Revenue Division, East godavari District. ^ r 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 disposes the petitioners from their lands in Ac. 23.25 cents of the land in survey numbers 2/3, 13 & 92 at Nallakunta Village & Mandal of Nallakunta Revenue Division, East Godavari District, pending disposal of the writ Petition. ^ Counsel for the Petitioners: SRI G V GANGADHAR^ Counsel for the Respondents: GP FOR REVENUE^ The Court made the following order: APHC010332102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 16719/2025 Between: 1.GUDAPATI SUBBALAXMI, W/0 GUDAPATI PULLA RAO AGED ABOUT 67 YEARS, OCC- DAILY LABOUR, R/O H,NO 1-78, GANNERU KOYAPADU MAN DAL, THOTAPALLI, DISTRICT, AP-507134. 2.GUDAPATI PULLA RAO, S/0 BIKSHAM, AGED ABOUT 77YEARS, OCC- DAILY LABOUR, R/O H.NO 1-78, GANNERU KOYAPADU GOWRIDEVIPETA, YETAPAKA NELLIPAKA, EAST GODAVARI GOWRIDEVIPETA, YETAPAKA MAN DAL, THOTAPALLI, NELLIPAKA, EAST GODAVARI DISTRICT, AP- 507134. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, NELAPADU, SECRETARIAT BUILDINGS KRISHNA DISTRICT VELAGAPUDI, 2.THE DISTRICT COLLECTOR, 0/0 NATIONAL ACADEMY OF CONSTRUCTIONS, RAJAHMAHENDRAVARAM, ANDHRA PRADESH 3.THE REVENUE DIVISIONAL OFFICER, YETPAKA MANDAL EAST GODAVARI DISTRICT,AP. 4.THE TAHSILDAR, YETPAKA MANDAL, DISTRRICT, AP. 5. DEPUTY TAHSILDAR, YETPAKO MANDAL EAST GODAVRI DISTRICT, AP. DOWLESWARAM, EAST GODAVARI DISTRICT, EAST GODAVARI ...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 an appropriate writ more particularly in thenature of Writ of mandamus declaring the action of th Respondent in not mutating the name fo the petitioners for thier lands in an extent of Ac. 23.25 cents of land inSurvey Numbers 2/3, 13 and 92 at Nallakunta village and Mandal of Nallkunta Revenue Division, Eat Godavari District and not granting Pattadhar passbook and title Deeds, despite of order of the Honble High court passed in 2 WP.No. 23035 of 2022 dated 16-08-2022 not considering the representation dated 23-07-2023 is being arbitrary and illegal violate of Article 14 and 21 of the Constitution of India of the order in contravention to the AP rights in land and pattadhar pass Book Acts 1971 and rules 1989 and the Rules framed thereunder and consequently direct the Respondents 4 and 5 to issue pattadhar Pass Book by mutating their names in Ac, 23.25 cents of land in Survey numbers 2/3, 13 and 92 at nallakunta village and Mandal of nallkunta Revenue Division, at godavari District and issue lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents not to disposes the petitioners from their lands in Ac. 23.25 cents of the land in survey numbers 2/3.13 & 92 at Nallakunta Village & Mandal of Nallakunta Revenue Division, East Godavari District, pending disposal of the writ Petition and pass Counsel for the Petitioner(S): 1.G VGANGADHAR Counsel for the Respondent(S): 1.GP FOR REVENUE praying that in the J THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16719 of 2025 r ORDER:- ( Precisely the present writ petition is filed seeking indulgence of this Court to direct the respondents to dispose of the representation. Heard learned counsel for the petitioners and learned Assistant 2. Government Pleader for Revenue. Learned Assistant Government Pleader submits that said 3. representation was filed on 23.07.2023, and two years have elapsed, if the petitioners file|a fresh Form Vl-A application, the same will be considered in accordance with law. Learned counsel for the petitioners agreed and sought two (02) 4. weeks time to file Form Vl-A application. In view of the above submissions, and with the consent of both 5. the learned counsel, the present Writ Petition is disposed of at the admission stage, permitting the petitioners to file Form Vl-A application within a period of two (02) weeks from the date of receipt of a copy of this order. On filing of the same, the respondents shall examine the same, pass appropriate orders in accordance with law and communicate the decision to the petitioners within a period of six (06) weeks thereafter. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M RAMESH BABU deputy registrar :i //TRUE COPY// ICER SECTION To 1. The Principal Secretary to Government Nelapadu, Secretariat Buildings Velagapudi, Krishna District 2. The District Collector, O/o National Academy of Constructions, Dowleswaram, Rajahmahendravaram, East Godavari District, Andhra Pradesh 3. The Revenue Divisional Officer, Yetpaka Mandal District, AP. 4. The Tahsildar, Yetpaka Mandal, East Godavari Distrrict, AP.^ 5. The Deputy Tahsildar, Yetpaka Mandal, East Godavri District, j^P. 6. One CC to Sri G V Gangadhar, Advocate [OPUC]^"^ 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Revenue Department East Godavari TF I HIGH COURT DATED:19/08/2025 ORDER WPNO. 16719 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS