Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 26375 (AP)

KOTA NAGAIAHA v. THE STATE OF AP

WP/19218/2025 · 2025-07-24

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V, 'll APHC010372482025 IN THE HIGH COURT OF ANDHRA PRADESH / AT AMARAVATI (Special Original vlurisdiction) Q FRIDAY, THE TWENTYFIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19218 OF 2025 Between: 1. Kota Nagaiaha, S/o. Kota Pulliaha, Aged 81 years, Occ: Farmer, R/o. Orvakallu Village, Atchempeta Mandal, Palnadu District. 2. .Kota Apparao, S/o. Kota Nagaiah, Aged 50 years, Occ: Farmer, R/o. Orvakallu Village, Atchempeta Mandal, Palnadu District. ...Petitioners AND 1. The State of Andhra Pradesh, rep by Its Principal Secretary (Revenue Department), Secretariat, Velagapudi, Guntur District. 2. The Tahsildar, Atchempeta Mandal, Palnadu District. 3. The Village Revenue Officer, Orvakallu Grama Sachivalayam, Orvakallu, Atchempeta 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 of Mandamus, declaring the impugned notice issued by the 2nd Respondent Tahsildar stating that the Petitioner is in possession of only 90 cents in respect of agricultural land in Survey No. 20-D of Orvakallu Village, Atchempeta Mandal, Palnadu District, as illegal, arbitrary, contrary to the revenue records, and violative of Articles 14, 21, and 300-Aofthe Constitution 4 ** t Of India, and consequently /2025-A dated 05-05-2025 and 4ef-asitte-'the™ im:pa.gngd:;nQtiee:;RC consider the representation made by petitioners dated 06-06-25 , before making any changes in the Web land records, same in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2^^ Respondent to not to make any changes in the web land entries until disposal of this petition, in the interest of justice. Counsel for the Petitioners: SRI BAGGI VENKATA PAVAN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following order: ■t APHC010372482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■lEB [3331] B FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19218/2025 Between: 1.KOTA NAGAIAHA, S/0 KOTA PULLIAHA AGED 81 YEARS OGC FARMER, R/0 ORVAKALLU VILLAGE, ATCHEMPETA MANDAL PALNADU DISTRICT. 2..KOTA APPARAO, S/0 KOTA NAGAIAH AGED 50 YEARS OCC FARMER, R/0 ORVAKALLU VILLAGE, ATCHEMPETA MANDAL PALNADU DISTRICT ...PETITIONER(S) AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY (REVENUEDEPARTMENT), SECRETARIAT, VEIAGAPUDI, GUNTUR DISTRICT. 2.THE TAHSILDAR, , ATCHEMPETA MANDAL, PALNADU DISTRICT. 3.THE VILLAGE REVENUE OFFICER, ORVAKALLU GRAMA SACHIVALAYAM, ORVAKALLU, ATCHEMPETA 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 to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned notice issued by the 2nd Respondent Tahsildar stating that the Petitioner is in possession of only 90 cents in respect of agricultural land in Survey No. 20-D of Orvakallu Village, Atchempeta Mandal, Palnadu District, as illegal, arbitrary, contrary to the revenue records, and violative of Articles 14, 21, and 300-Aofthe Constitution of India, and consequently /2025-A dated 05-05-2025 and set aside the impugned notice RC consider the representation made by petitioners dated 2 06-06-25 , before making any changes in the Web land records, same in the interest of justice and pass 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 2nd Respondent to not to make any changes in the web land entries until disposal of this petition, in the interest of justice and pa Counsel for the Petitioner(S): 1.BAGGI VENKATA PAVAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri Baggi Venkata Pavan Kumar, learned counsel for the petitioners and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 3. 2. Learned counsel for the petitioners would submit that the 2'"'^ petitioner is the absolute owner of Ac.1.25 cents in Sy.No.20-D of Oravakallu Village. The petitioners got the property by a registered Gift Deed dated 07.12.1996. The 2^'' respondent updated the Record of Rights and issued the Pattadar Pass Book. Learned counsel would also submit that as per Adangal/Pahani dated 16.05.2025 (Ex.P4), the 2^^^ petitioner is shown as the owner of the property in respect of Ac.1.25 cents in Sy.No.20-D of Oravakallu Village. 3. Be that as it may, a notice vide Rc.No. /2025-A dated 05.05.2025 (Ex.P1), was issued to the petitioner by the 2'''’ respondent directing the petitioners to attend the inquiry on 08.05.2025. The petitioners attended the inquiry, submitted an explanation on 06.06.2025 (Ex.P6), along with all the relevant documents. The 2'"'^ respondent, without conducting any inquiry, is pressurising the petitioners to surrender Ac.0.35 cents out of Ac.1.25 cents in Sy.No.20-D of Oravakallu Village. 4. Learned Assistant Government Pleader for Revenue, would submit that the name of the 2^^ petitioner has been Pattadar for an extent of Ac.1.25 cents in Sy.No.20-D of Oravakallu Village. A representation was made by Sri Chava Srinivasa Rao seeking mutation of his on instructions, recorded as name in respect of lands in Sy.No.20-D. In that connection, a notice was issued to the petitioners. The authority is not insisting that the petitioners surrender the land as alleged by the petitioners. Learned Assistant Government Pleader would submit that the 2'"'^ respondent will conduct inquiry, duly considering the representation made by the petitionqrs dated 06.06.2025 (EX.P6), and by providing an opportunity of hearing to the petitioners. an 5. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the learned 2 nd respondent to consider the representation made by the petitioners on 06.06.2025 (Ex.P6). An opportunity of hearing shall be provided to the petitioners during the inquiry to be conducted in pursuance of notice vide Rc.No. /2025-A dated 05.05.2025 (Ex.P1). Till the completion of the inquiry, the 2"^^ respondent shall not interfere with the possession of the 2 petitioner to ar1‘ extent of Ac.1.25 cents in Sy.No.20-D of Oravakallu Village. No order as to costs. nd As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// // ^ SECTION OFFICER To, 1. The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Tahsildar, Atchempeta Mandal, 3. The Village Revenue Officer, Palnadu District. Orvakallu Grama Sachivalayam, Orvakallu, Atchempeta Mandal, Palnadu District. 4. One CC to Sri Baggi Venkata Pavan Kumar, Advocate [OPUC] ' 5. TwoCCsto GP for Revenue, High Court of Andhra Pradesh [OUTl 6. Two CD Copies Cnr HIGH COURT DATED:25/07/2025 ORDER WP NO. 19218 OF 2025 s 1S SEP 2K5 % m . Current section DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS