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2025 DAILYLAW 24144 (AP)

NETTURI JOSEPH RAJU v. THE STATE OF AP

WP/17334/2025 · 2025-07-13

Subba Reddy Satti

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010340532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17334/2025 Between: 1. NETTURI JOSEPH RAJU, S/0 LATE SANJANNA, AGED ABOUT 60 YEARS, R/0 GOVINDA PALLI VILLAGE, SIRIVELLA MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, .NANDYAL DISTRICT, NANDYAL. 3. THE REVENUE DIVISIONAL OFFICER, NANDYAL . 4. THE TAHSILDAR, SIRIVELLA MANDAL, SIRIVELLA, NANDYAL DISTRICT. 5. NETTURI SHOBHA RANI, W/O LATE NETTURI GOPAL, AGED ABOUT 45 YEARS, R/O H.NO 7-7/477-5-2C NGO COLONY, KADAPA CITY, YSR KADAPA 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 to issue an order, or a direction, or a writ, more particularly one in nature of Writ of Mandamus declaring the action of Respondent No.4 in mutating the name of Unofficial Respondent No.5 in respect of petitioners 2 land in an extent of Ac.1.30 cents situated in Sy. No 645 of Sirivella Village of Sirivella Mandalam, Nandyal District when a suit in O.S No 191 of 2021 on the file of learned Junior Civil Judges Court, Allagadda in respect of said land is pending, as illegal, arbitrary and unconstitutional , and consequently to direct the Respondent No.4 to put the said land in dispute register until the civil court adjudicates the suit in O.S.No191 of 2021, and to pass s 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 to direct Respondent No.4 to delete the name of Respondent No.5 from web land in respect of Ac. 1.30 cents situated in Sy. No: 645 of Sirivella Village of Sirivella Mandal of Nandyal District and to restore its entry in dispute register pending disposal of the above writ petition, and to pass su Counsel for the Petitioner: 1. KALEEMULLA S Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for respondents 1 to 4. Notice in respect of the 5th respondent is dispensed with since no adverse order is passed against her rights and interests. 2. Learned counsel for the petitioner would submit that one Salikela Obulesu filed a suit O.S.No.191 of 2021 against the petitioner and three others seeking perpetual injunction, and the same is pending on the file of the Junior Civil Judge, Allagadda. Pending the suit, the 4th respondent mutated the name of the 5th respondent in the Record of Rights. However, in the web land register has not shown the same. Learned counsel would further submit that since the suit is pending, the 4th respondent ought to have put the land in the disputed register. 3 3. Learned Assistant Government Pleader for Revenue would submit that if the name of the 5th respondent is updated in the Record of Rights, the petitioner has other statutory remedies under Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 (for short “the Act”). Learned AGP also submits that the Division Bench of this Court in W.A.No.817 of 2024 set aside the guidelines issued by the Chief Commissioner, Land Administration, vis-à- vis the dispute register. 4. Thus, as seen from the copy of the plaint filed as Ex.P.7, one Salikela Obulesu filed suit against the petitioner and three others seeking a perpetual injunction. The defendants 1, 3 and 4 filed a written statement and are contesting the suit. The suit schedule property is Ac.1-50 cents in Sy.No.645, Sirvella Village and Mandal, Kurnool District. 5. As seen from Ex.P.11 Adangal copy, the name of the 5th respondent is shown as Pattadar in respect of an extent of Ac.1-30 cents in Sy.No.640/1. If the petitioner is aggrieved, the petitioner can avail the remedies under the Act. As seen from the copy of the plaint, the petitioner and the others are defendants, and the suit is filed by the said S.Obulesu. 6. Given the facts and circumstances of the case, this Court does not find any merit in the writ petition. The writ petition is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. JUSTICE SUBBA REDDY SATTI Date: 14.07.2025 KA 4 222 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17334/2025 Date:14.07.2025 KA 5