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2025 DAILYLAW 26771 (AP)

Masarapu Ratnaiah, v. The State of Andhra Pradesh,

WP/19174/2025 · 2025-07-24

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010378512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19174 OF 2025 Between; Masarapu Ratnaiah, S/o Late M. Raghavaiah, aged 63 years, Occ- Jayarama Rao Street, R/o.D.No.1-61,M.M.Wada, Cultivation, Srikalahasthi Town and Mandal,Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Revenue Department, Secretariat, Government, Amaravati, Guntur District. 2. The District Collector, Tirupathi, Tirupathi District. 3. The District Revenue Officer, Tirupathi, Tirupati District. 4. The Revenue Divisional Officer, Tirupathi Revenue Division, Tirupathi District. 5. The Tahsildar, Srikalahasthi Mandal, Tirupathi District. 6. Kora Nithyananda Babu, S/o. Late Kora Narayanaswamy Naidu, aged about 55 years,R/o.D.No.1/184, Chittoor District. Velagapudi, Srikalahasti Town and Mandal, ...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 action of 4th Respondent RDO in passing the Appeal Order in Roc.E/1063/2020 . ■% dated.02.10.2024 for cancelling the fraudulent Pattadar Passbook and Title Deed in favotr of the Unofficial respondent and mutate the petitioner name in all relevant revenue records such as Adangal Pahani, form-1 B, Deed for an extent of Ac.0.1 Scents in Pattadar Passbook and Title Sy.No. 194/6, an extent of Ac.0.09cents in Sy.No.194/13 and an extent Ac.0.04cents in Sy.No.194/9 situated at Srikalahasthi Revenue Village and Mandal, Tirupathi District filed under the provision of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, as illegal, arbitrary and violative of article 14, 21 and 300-A of the Constitution of India and contrary to the Provisions and consequently set aside the above said Appeal in accordance with law. 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 suspend the Appeal Order in Roc.E/1063/2020 dated.02.10.2024 passed by the 4th Respondent RDO, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI VALLEPU JAGADEESH Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: NONE APPEARED The Court made the following order: APHC010378512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO; 19174/2025 Between: 1.MASARAPU RATNAIAH YEARS, JAYARAMA S/O LATE M. RAGHAVAIAH, AGED 63 R/O.D.NO.1-61 ,M.M.WADA, )) OCC-CULTIVATION, RAO STREET, SRIKALAHASTHI TOWN MANDAL,CHITTOOR DISTRICT. AND ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REVENUE DEPARTMENT, 2.THE DISTRICT COLLECTOR, TIRUPATHI, TIRUPATHI DISTRICT. 3.THE DISTRICT REVENUE OFFICER, TIRUPATHI, TIRUPATI DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, TIRUPATHI REVENUE DIVISION, TIRUPATHI DISTRICT. 5.THE TAHSILDAR, SRIKALAHASTHI MANDAL DISTRICT. TIRUPATHI 6.KORA NITHYANANDA BABU, S/O. LATE KORA NARAYANASWAMY NAIDU, AGED ABOUT 55 YEARS,R/O.D.NO.1/184, SRIKALAHASTI TOWN AND MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): 2 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 action of 4th Respondent RDO in passing the Appeal Order in Roc.E/1063/2020 dated.02.10.2024 for cancelling the fraudulent Pattadar Passbook and Title Deed in favotr of the Unofficial respondent and mutate the petitioner name in all relevant revenue records such as Adangal Pahani, form-1 B Deed for an extent of Ac.0.1 Scents Pattadar Passbook and Title in Sy.No. 194/6, an extent of Ac.0.09cents in Sy.No.194/13 and an extent Ac.0.04cents in Sy.No.194/9 situated at Srikalahasthi Revenue Village and Mandal, Tirupathi District filed under the provision of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, as illegal, arbitrary and violative of article 14, 21 and 300-A of the Constitution of India and contrary to the Provisions and consequently set aside the above said Appeal in accordance with law 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 suspend the Appeal Order in Roc.E/1063/2020 dated.02.10.2024 passed by the 4th Respondent RDO, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.VALLEPU JAGADEESH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and Sri B V Satyanarayana, learned Assistant Government Pleader for Revenue for the respondents 1 to 5. Notice in respect of the 6**^ respondent is dispensed with since no adverse order is passed affecting his rights and interests. 2. Assailing the proceedings vide Roc.No.E/1063/2020 dated 02.10.2024 (Ex.P.1) issued by the 4*^ respondent, the above writ petition has been filed. 3 3. At the hearing, when the learned Assistant Government Pleader pointed out about the statutory revision under Section 9 of the Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, 1971 (for short “the Act”), learned counsel for the petitioner submits that the petitioner will avail of the remedy under Section 9 of the Act. Given the facts and circumstances of the case, without going into the merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, giving liberty to the petitioner to avail of the remedy available under Section 9 of the Act. No order as to costs. 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR % //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Tirupathi, Tirupathi District. 3. The District Revenue Officer, Tirupathi, Tirupati District. 4. The Revenue Divisional Officer, Tirupathi Revenue Division, Tirupathi District. 5. The Tahsildar, Srikalahasthi Mandal, Tirupathi District. 6. One CC to Sri. Vallepu Jagadeesh Advocate [OPUC] 7. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AL high court DATED:25/07/2025 > ORDER WPNO. 19174 OF 2025 [^I2SEP 2025 ^SCjtffent Sectioix^y' .T' •■ Oi I o eo disposing of the W.p. WITHOUT COSTS