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2025 DAILYLAW 26280 (AP)

M ERUKALA REDDY v. POOJARI REDDAPPA

WA/826/2025 · 2025-07-27

R Raghunandan Rao, Sumathi Jagadam

body2025

Judgment text

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APHCO10371242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Spec[-aI Orig[-nat Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT APPEAL NO-- 826 OF 2025 writ Appeal under clause 15 of the Letters Patent against the order dated 25.06.2025 in W.P.No.15434 of 2025 on the file of the High Court. Between.- 1. M. Erukala Reddy, S/o Ramachandra Reddy, Aged 38 years, Occ Cultivation, R/o. Kandlamadugu cross, B. Kothakota Mandal, Chittoor District. 2. M. Madhu Reddy @ M. Madhukar Reddy, S/o. Ramachandra Reddy, Aged 42 years, occ: cultivation, R/o. Kandlamadugu cross, B. Kothakota MandaI, ChI-ttOOr District. ...APPELLANTS/ RESPONDENT Mos.5 & 6 AND 1. Poojari Reddappa, s/o. p. venkata swamy, Aged 49 years, Occ Agriculture, R/o. Billurivandlapalle Village, H/o. Kotavooru, Kurabalakota MandaI, Chittoor District. 2. PojarI- Venkata Ramana, s/o. p. yellappa, Aged 65 years, occ Agriculture, R/o. Billurjvandlapalle village, H/o. Kotavooru, Kuruba]lakota Mandal, Chittoor District. ...PETITIONERS/ RESPONDENTS 3. The State ofAndhra Pradesh, Rep. by its Principal secretary, Revenue Department, secretariat Buildings, At Velagapudi, Amaravathi, Andhra Pradesh. 4. The District Collector, Annamayya District. 5. The Revenue Divisional offl'cer, Annamayya District. 6. The Tahsildar, Kurabalakota MandaI, Annamayya District. 7. R. Kanalamma, w/o R. Krishna Reddy, Aged 42 years, Occ Cultivation, R/o. Kandlamadugu cross, B. Kothakota Mandal, 8. T. Narayana, s/o. venkataramana, Aged 55 years, Occ Business, R/o. Doddikadipally Village, Kotavooru post, B. Kothakota Mandal, Annamayya District. 9. T. Sudhakar, s/o. venkataramana, Aged 47 years, Oc Business, R/o. Doddikadipally Village, Kotavooru post, B. Kothakota MandaI, Annamayya District. 10. B. Gouthami, w/a. sudarshan, Aged 42 years, Occ Business, R/o. Kurabalakota post and MandaI, Annamayya District. (Respondent Nos.7 to 10 are not necessary parties) ...RESPONDENTS IA NO-- 2 OF2025 Petition under section 151 CPC praying that in the cI'rCumStanCeS Stated in the affidavit fl-led in support of the petition, the High Court may be pleased to stay the operation of orders dt.25.06.2025 I'n W.P.No.15434 of 2025 passed by the Hon'ble learned single J-udge, Pendl-ng disposal of{he writ appeal. I, Counsel for the Petitioners: SRI N. ASWARTHA NARAYANA Counsel for Respondent Nos.1 & 2:SRI GINJUPALLI SUBBA RAO Counsel for Respondent Mos.3 to 6: GP FOR REVENUE Counsel for Respondent Mos.7 to 10:---- The Court made the following: fr-'/ APHCO10371242025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT APPEAL NO: 826/2025 [3541 I Writ Appeal under clause 15 df the Letters Patent above named AppeIIants beg to present this Memorandum of Writ Appeal against the orders dated 25.06.2025 passed in W.P.No.15434 of 2025 by the Honble Sri Justice Venkateswarlu Nimmagadda, for the following grounds among other Between: 1.M ERUKALA REDDY, S/O RAMACHANDRA REDDY, AGED 38 YEARS, OCC CULTIVATION, R/O. KANDLAMADUGU CROSS, B. KOTHAKOTA MANDAL, CHITTOOR DISTRICT. 2.M. MADHU REDDY M, MADHUKAR REDDY, S/O. RAMACHANDRA REDDY, AGED 42 YEARS, OCC CULTIVATION, R/O. KANDLAMADUGU CROSS, B. KOTHAKOTA MANDAL, CHITTOOR DISTRICT. ...APPELLANT(S) AND 1, POOJARI REDDAPPA, S/O. P. VENKATA SWAMY, AGED 49 yEARS, OCC AGRICULTURE, R/O-. BILLURIVANDLAPALLE VILLAGE, H/O. KOTAVOORU, KURABALAKOTA MANDAL, CHITTOOR DISTRICT. 2. POJARI VENKATA RAMANA, S/O. P. YELLAPPA, AGED 65 YEARS, OCC AGRICULTURE, R/O. BILLURIVANDLAPALLE Vl_LLAGE, H/O. KOTAVOORU,KURUBALLAKOTAMANDAL, CHITTOOR DISTRICT. 3. THE STATE OF ANDHRA PRAD-ESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHl, ANDHRA PRADESH, 4. THE DISTR'CT COLLECTOR, ANNAMAYYA DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, ANNAMAYYA DISTRICT. 6. THE TAHS]LDAR, KURABALAKOTA MANDAL, ANNAMAYYA DISTRICT. 7. R KANALAMMA, W/O RI KRISHNA REDDY, AGED 42 YEARS, OCC CULTIVATION, R/O. KANDLAMADUGU CROSSJ B. KOTHAKOTA MANDALJ 8. T NARAYANA, S/O. VENKATARAMANA, AGED 55 YEARS, OCC BUSINESS, R/O. DODDIKADIPALLY VILLAGE, KOTAVOORU POST, B. KOTHAKOTA MANDAL, ANNAMAYYA DISTRICT. 9. T SUDHAKAR, S/O. VENKATARAMANA, AGED 47 YEARS, OC BUSINESS, R/O. DODDIKADIPALLY VILLAGE, KOTAVOORU POST, B, KOTHAKOTA MANDAL, ANNAMAYYA DISTRICT. 10.B GOUTHAMl, W/O. SUDARSHAN, AGED 42 YEARS, OCC BUSINESS, R/O. KURABALAKOTA POST AND MANDAL, ANNAMAYYA DISTRICT. [ANO: 1 OF 2025 ...RESPONDENT(S): 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 pleased to dispense with the filing of certified copy of orders jn w.p.No. 15434 of 2O25 dt.25.06.2025 passed by the learned single judge and pass lANO: 2OF2025 Petition under section 151 CPC praying {ha{ in the circumstances stated in the affidavit fl'led in support of the petition, the High Court may be pleased pleased to stay the operation of orders dt.25.06.2025 in W.P.No.15434 of 2025 passed by the Hon!b'e learned single judge, pending disposal of the writ appeal and to pass Counsel for the Appellant(S): 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GINJUPALLI SUBBA RAO _:grp ..I..~_,`---." The Court made the following Ju.dgment: (perHon'b,e Sr,Just,'ce R. 73aghunandan `Rao/ The appellants herein, as well as the respondents 1 & 2 herein, claim ownership and possession over Ac.1.251/2 Cents each, in Sy.No.1867/1 of Kurabalakota Village and MandaI, Chittoor District. 2. The facts, in the present case, appeartO be that the respondents 1 & 2 claim ownership and possession by Virtue Of inheritance from their ancestor, who is said to have been an Ex-Serviceman who had been given a D-Form patta over the said land. The appellants herein claim ownership and possession by virtue of an unregistered deed of sale said to have been executed in their favour by the 6th respondent. 3. This d-lspute was adjudicated upon by the Tahs'I]dar and the Revenue Divisional Officer under the provisions Of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act,1971. Apart from this, a Civil Su-lt bearing o.s.No.532 of 2017 is already pending before these Parties On the file of the Learned I Additional Junior Civil Judge, Madanapalle. ln this Suit, the 2nd respondent is sa-ld tO have Obtained an injunction against the aPPellants herein. 4. Learned counsel for the aPPellantS Submits that this injunction was vacated subsequently. However, the same iS disputed by the learned counsel for the respondents i & 2. 5. Apart from these litigatiOnS, a Learned Single Judge of this Court by an order dated o8.05.2025, in W.P.No.12334 of 2025 had granted an order of sfaft,s-quo in favour of the appellants herein with a dir-ection to the revenue authorities not to dispossess the appellants herein if they had not already dispossessed. 6`. ln parallel proceedings, a Learned Single Judge of this Court again, by an order dated 25.06.2025, in W.P.No.15434 of 2025 had directed\.- the revenue authorities not to dispossess the respondents 1 & 2 herein unless it is in accordance with law. 7. Aggrieved by the said Order, the appellants have approached this Court by way of the present writ Appeal. 8. ln view of the various disputed questions offact, and in view of the fact that the adequate pleadings are not yet completed in these writ Petitions, it would only be appropriate to set aside the order of the Learned Single Judge, dated 25.06.2025 and remand the matter back to the Learned Single Judge for an appropriate decision. 9. Accordingly, this Writ Appeal is allowed. There shall be no order as to costs. closed. As a sequel, jnterlocutory applications pending, if any shall stand //TRUE COPY// / Sd/-S.V.S.R. MURTHY JOINT REGISTRAR _is--- SECTION OFFICER To, 1. The Registrar (Judicial), High Court of A.P. at Amaravati(By SpI. Messenger). 2. One CC to Sri N. Aswartha Narayana, Advocate [OPUC] 3. One CC to Sri Ginjupalli Subba Rao, Advocate [OPUC] 4. Two cos to GP for Revenue, High Court ofAndhra Pradesh [OUT] 5. The Section Officer, Writ(Non-Service) Section, High Court of A.P.(By Spl. Messenger) 6. The Section Officer, Posting Section, High Court of A.P. at Amaravati (By Spl. Messenger) 7. Two CD Copies. ssb HIGH COURT DATED:28/07/2025 JUDGMENT WA No. 826 OF 2025 ALLOWING THE W.A. WITHOUT COSTS