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2025 DAILYLAW 24328 (AP)

Pothuri Lingaiah v. The State of Andhra Pradesh,

WP/17575/2025 · 2025-07-14

Subba Reddy Satti

body2025

Judgment text

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APHC010344132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17575 OF 2025 Between: Pothuri Lingaiah, S/o. Late Ramaiah, Aged about 78 years, Occ: Agriculture R/o. Anamanamuru Village, Korisapadu Mandal, Bapatia District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building Velagapudi, Guntur District. 2. The District Collector, Bapatia District, Bapatia. 3. The Revenue Divisional Officer, Chirala, Bapatia District. 4. The Tahsildar, Korisapadu Mandal, Bapatia District. 5. The Sub-Registrar, Addanki Town, Bapatia District. 6. Paladugu Kumara Swamy, S/o. Singaiah, Age about 65 years, Occ: Agriculture, R/o. D. No. 10-3-13/4, 0pp. Sri Nalaya Apartments Nirmal Nagar, Ongole Town, Prakasam District. 7. Raavi Sridhar, S/o. Venkat Rao, Age about 53 years, Occ; Agriculture, R/o. Pamidipadu village, Korisapadu Mandal, Bapatia District. 8. Oleti Rajesh, S/o. Akkaya Chari, Age about 21 years, R/o. Pamidipadu village, Korisapadu Mandal, Bapatia District. 9. Peram Raju, S/o. Anjaiah, Age about 37 years, R/o. Pamidipadu village Korisapadu Mandal, Bapatia District. 10. Guntupalli Koteswar Rao, S/o. Subba Rao Kotapadu village, J. Panguluru Mandal, Bapatia District. Age about 54 years. R/o. ...Respondents Petition under Article 226 of the Constitution Circumstances stated in the affidavit flied therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the proceedings D No. D/708/2024, dt. 19.08.2024 passed by the S'" respondent by converting the land to an extent of Ac. 1.39 Cents in Sy. No. 55/1 (LP No. 425), Korisapadu village and mandal, Bapatia District agriculture and basing of India praying that in the . Dis. from agriculture to non- on which the 5th respondent is entertaining the registrations in the subject land, is illegal, arbitrary, and contrary to the registration act unconstitutional and consequently direct the 5th respondent not to entertain any registrations on the above land. LA NO: 1 OF 20?fi Petition under Section 151 CPC in the affidavit filed i pleased to direct the 5*" respondent not praying that in the circumstances stated in support of the writ petition, the High Court may be to entertain any registrations with regard to the land to an extent of Ac. 1.39 Cents in Sy. No. 55/1 (LP No. 425), Korisapadu village and mandal, Bapatia District, pending disposal of the writ petition. Counsel for the Petitioner: SRI KOTI REDDY IDAMAKANTI Counsel for the Respondent Nos.1 to 5: M/s. DIVYA TEJA, r* . X- ASST.GP FOR REVENUE Counsel for the Respondent Nos.6 to 10: NONE APPEARED The Court at the stage of admission made the following order: f- ' APHC010344132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0:i(B [3331] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17575/2025 Between; 1.POTHURI LINGAIAH, , S/0. LATE RAMAIAH, AGED ABOUT 78 YEARS, OCC AGRICULTURE R/0. ANAMANAMURU VILLAGE, KORISAPADU MANDAL, BAPATIA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT SECRETARY, BUILDING VELAGAPUDI, GUNTUR DISTRICT. REVENUE 2. THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA. 3. THE REVENUE DIVISIONAL OFFICER, CHIRALA, BAPATLA DISTRICT. 4. THE TAHSILDAR, KORISAPADU MANDAL, BAPATLA DISTRICT. 5. THE SUBREGISTRAR, ADDANKI TOWN, BAPATLA DISTRICT. 6. PALADUGU KUMARA SWAMY, S/0. SINGAIAH, AGE ABOUT 65 YEARS, OCC AGRICULTURE, R/0. D. NO. 10-3-13/4, OPP. SRI NALAYA APARTMENTS NIRMAL NAGAR, ONGOLE TOWN, PRAKASAM DISTRICT. 7. RAAVI SRIDHAR, S/0. VENKAT RAO OCC AGRICULTURE, R/0. PAMIDIPADU VILLAGE, KORISAPADU MANDAL, BAPATIA DISTRICT. AGE ABOUT 53 YEARS, 2 8. OLETI RAJESH, S/0. AKKAYA CHARI R/0. PAMIDIPADU VILLAGE DISTRICT. 9. PERAM RAJU, S/0. ANJAIAH PAMIDIPADU VILLAGE DISTRICT. 10.GUNTUPALLI KOTESWAR RAO, S/0. SUBBA RAO YEARS, R/0. KOTAPADU VILLAGE BAPATLA DISTRICT. AGE ABOUT 21 YEARS, KORISAPADU MANDAL, BAPATLA AGE ABOUT 37 YEARS, R/0. KORISAPADU MANDAL, BAPATLA AGE ABOUT 54 J. PANGULURU MANDAL ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue the High Court may be a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the proceedings D. Dis. No. D/708/2024, dt. 19.08.2024 passed by the 3rd the land to respondent by converting an extent of Ac. 1.39 Cents in Sy.No.55/1 (LP No. 425) Korisapadu village and mandal, Bapatia District, from agriculture to non- agnculture and basing on which the 5th respondent is entertaining the reg.tra ons in the subject land, Is Illegal, arbitrary, and contrary to !he registration act unconstitutional and consequently direct the 5th respondent not to entertain any registrations on the above land, lA NO: 1 OF 909^ in the?ff'H°" .Ti'!' “^c^mstances stated in the affidavit filed in support of the petition, the High Court direct the 5th respondent not to entertain may be pleased to , ^ , ^ny registrations with regard to the lito^ f Sy- No- 55/1 (LP No. 425), Korisapadu Village and mandal, Bapatia District, pending disposal of the writ petition Counsel for the Petitioner: 1.KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 % "ORDER:: Heard Sri I.Koti Reddy, learned counsel for the petitioner and Sri Divya Teja, learned Assistant GovernmentPleader for Revenuefor respondents 1 to 5. 2. The notice in respect of the respondents 6 to 10 is dispensed with since no adverse order is passed affecting the right or interest of respondents 6 to 10. The above writ petition has been filed impugning the proceedings of the 3''“ respondent vide D.Dis.No.D/708/2024, dated 19.08.2024, granting conversion of land from agriculture to non-agriculture of an extent of Ac 1.39 cents in Sy.No.55/1, Korisapadu Village and Mandal, Bapatia District, as illegal and arbitrary. 3. At the hearing, learned counsel for the petitioner confined his arguments and contended that the petitioner filed a C.R.P.No.908 of 2022 against the order dated 16.02.2022 in E.P.No.38 of 2015 in O.S.No.66 of 2013 under Sections 47, 63, 65 and Order 21 Rule 101 r/w 151 of CPC. Along with the revision, the petitioner also filed I.A.No.1 of 2022 under Section 39 Rules 1 and 2 and Section 151 of CPC to grant an interim injunction restraining the respondents therein from alienating or creating any third party interest in respect of Ac 1.56 cents in Sy.No.55/1 of Korisapadu Village and Mandal, Bapatia District. The interim injunction granted on 02.05.2022 is subsisting as of today, and the respondents appeared by engaging an advocate 4. Learned counsel for the petitioner would contend that the petitioner will inform the Sub-Registrar concerned regarding the Interim Injunction in terms of Standing Order 219(b). 5. 6. Learned Assistant Government pleader for Revenue did not object to the same. \ 4 7. Given the facts and ci disposed of at the admission circumstances of the case, the writ petition is stage with the consent of both the learned counsel, giving liberty to the petitioner to make a representation by annexing If the the order of interim injunction granted in C.R.P.No.908 of 2022. petitioner makes such representation by annexing the order referred to the 5 respondent shall adhere to the supra, procedure contemplated under Standing and Stamps Department. No order Order 219(b) of the Registration costs. as to Misceiianeous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA assistant REGJSTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, Secretariat Building Velagapudi, Guntur District. 2. The District Collector, Bapatia District, 3. The Revenue Divisional Officer, Chirala 4. The Tahsildar, Korisapadu Mandal 5. The Sub-Registrar, Addanki Town, 6. One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CD Copies. State of Andhra Pradesh, Bapatia. Bapatia District. Bapatia District. Bapatia District. Pradesh [OUT] Cnr Tt HIGH COURT DATED:1 5/07/2025 ORDER WP NO. 17575 OF 2025 sT 2 nUL 2025 AnMiel'.^® STAGE OF ADMISSION WITHOUT COSTS