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2025 DAILYLAW 26977 (AP)

CHENNAREDDY VENKATA JAYAMMA @ JAYAMMA v. THE STATE OF ANDHRA PRADESH

WP/19385/2025 · 2025-07-27

Subba Reddy Satti

body2025

Judgment text

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APHC010381942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19385/2025 Between: 1. CHENNAREDDY VENKATA JAYAMMA @ JAYAMMA, W/O. VENKATESWARLU AGED ABOUT 53 YEARS CULTIVATION, RESIDENT OF PATCHAVA VILLAGE ZARUGUMALLI MANDAL PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT, AT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. AT PRAKASAM. 3. THE REVENUE DIVISIONAL OFFICER, KANDUKUR DIVISION PRAKASAM DISTRICT. 4. THE THASILDAR KONDAPI MANDAL, KONDAPI, PRAKASAM 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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of 4th respondent in not entering the details of appeal suit in A.S. No 98/2023 on the file of Hon'ble 2 High Court of Judicature of Andhra Pradesh with respect to land i.e. 1) an extent of Ac.2.14 cents in Sy.no.44, an extent of Ac.0.84 cents in Sy.no.97/2 and an extent Ac.1.95 cents in Sy.no.97/4 making the totai extent of Ac.4.93 cents being contiguous plot on the ground situated Chodavaram Village, extent of Ac. 1.21 cents in Kondapi Mandal, Prakasam District 2) an situated Chodavaram Village, Kondapi Mandal, PrakasamSy.no.101/4 District 3) an extent of Ac.0.78 cents in Sy.no.128/2G and a further extent of Ac.4.78 cents in Sy.no.128/1F making the total extent of Ac.5.56 cents being the contiguous plot on ground situated Chodavaram Village, Kondapi Mandal, Prakasam District 4) an extent of Ac.4.10 cents in Sy.no.128/1F situated Chodavaram Village, Kondapi extent of Ac.5.69 cents in Sy,no.303/1Mandal, Prakasam District 5) an situated Chodavaram Village, Kondapi Mandal, Prakasam District 6) an extent of Ac.4.10 cents in Sy.no.154/1A situated Chodavaram Village, District and 7) a further extent of Ac.2.83Kondapi Mandal, Prakasam cents in Sy.no.36/1A situated at Vennur Village. Kondapi Mandal, Rule 32 of AP Rights in Land and Prakasam District in register as per Pattadar Passbook Rules 1989 inspite of representation dated 06-03- 2025 submitted by the petitioner as illegal, arbitrary, violation of Article 14 of constitution of India and contrary to provisions of AP Rights in Land and Pattadar Passbook Rules 1989 and consequently direct the 4th respondent to enter the file of Hon'ble High the details of appeal suit in A.S. No 98/2023 on Court of Judicature of Andhra Pradesh with Rule 32 of AP Rights in respect to above said land in register as per Passbook Rules 1989as per the representation Land and Pattadar dated 06-03-2025 submitted by the petitioner in the interest of Justice and pass such 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 may be pleased to direct the 4th respondent to consider the representation of the petitioner dated 06-03- 2025 in the interest of Justice pending disposal of the writ petition and pass such IA NO: 2 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 may be pleased to direct the 4th respondent to enter the details of appeal suit in A.S. No 98/2023 on the file of Hon'ble High Court of Judicature of Andhra Pradesh with respect to land i.e. 1) an extent of Ac.2.14 cents in Sy.no.44, an extent of Ac.0.84 cents in Sy.no.97/2 and extent of Ac. 1.95 cents in Sy.no. 3 97/4 making the total extent of Ac.4.93 cents being contiguous plot on the ground situated Chodavaram Village, Kondapi Mandal, Prakasam District 2) an extent of Ac. 1.21 cents in Sy.no. 101/4 situated Chodavaram Village, Kondapi Mandal, Prakasam District 3) an extent of Ac.0.78 cents in Sy.no. 128/2G and a further extent of Ac.4.78 cents in Sy.no. 128/1F making the total extent of Ac.5.56 cents being the contiguous plot ground situated situated Chodavaram Village, Kondapi Mandal, Prakasam District 4) an extent of Ac.4.10 cents in Sy.no. 128/IF situated Chodavaram Village, Kondapi Mandal, Prakasam District 5) an extent of Ac.5.69 cents in Sy.no.303/1 situated Chodavaram Village, Kondapi Mandal, on Prakasam District 6) an extent of Ac.4.10 cents iin Sy.no.154/1A situated Chodavaram Village, Kondapi Mandal, Prakasam District and 7) a further extent of Ac.2.83 cents in Sy.no.36/1A situated at Vennur Village, Kondapi Mandal, Prakasam District in register as per Rule 32 of AP Rights in Land and Pattadar Passbook Rules 1989 the representation dated 06-03-2025 submitted by the petitioner interest of Justice and pass such Counsel for the Petitioner: 1. NUVVULA RAM BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri Nuvvula Ram Babu, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. Learned counsel for the petitioner would submit that the petitioner filed O.S.No.391/2014 on the file of the I Additional District Judge, Ongole, Prakasam District against 1.Smt. Ravipati Seethamma, 2.Smt. Bodapati Koteswaramma @ Nannuri Usha Rai and 3.Sri Bodapati Brahma Rao, seeking partition. The said suit was dismissed on 08.07.2022. The petitioner filed an appeal suit i.e., A.S.No.98 of 2023, and the same is pending on the file of the High Court of Andhra Pradesh. The petitioner made a representation 4 dated 06.03.2025 to keep the properties in the dispute register. However, the 4th respondent has not placed the properties in the dispute register. 3. Learned counsel for the petitioner would submit that the 4th respondent ought to have placed the properties in O.S.No.391/2014 on the file of the I Additional District Judge, Ongole, Prakasam, the dispute register as per Rule 32 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989. 4. Learned Assistant Government Pleader for Revenue would submit that Rule 32 does not apply to the fact situation. He would submit that the issue involved in this writ petition is covered in W.A.No.817 of 2024. 5. As seen from the averments in the writ affidavit, the petitioner filed O.S.No.391/2014 on the file of the I Additional District Judge, Ongole, Prakasam, seeking partition. The said suit was dismissed on 08.07.2022, and the petitioner filed an appeal suit i.e., A.S.No.98 of 2023, and the same is pending on the file of the High Court. Learned counsel for the petitioner would fairly submit that no interim order was granted in the appeal. Keeping the properties in the dispute register as per Rule 32 in the fact situation does not arise. 6. In Sri Medarametla Venkata Sesha Reddy vs. The State of Andhra Pradesh, rep. by its Principal Secretary and others in W.A.No.817 of 2024, the Division Bench of this Court considered when the properties can be placed in the dispute register. In para-11 of the order held as follows: “The Register, that is to be maintained under Rule 32, relates only to suits filed under Section 8(2) of the ROR Act. Section 8(2) states that a person can file a suit against any other person who denies his title or right to a property, on the basis of entries made in the record of rights. From the language of Section 8(2), suits that fall within the ambit of Section 8(2) of ROR Act are those suits which arise when a person, on 5 the basis of entries made in the record or rights, denies or takes steps to deny title of the aggrieved person.” 7. In the case at hand, no interim order was passed by this Court in favour of the petitioner regarding the properties. The ratio in Venkata Sesha Reddy’s case squarely applies to the facts of the case. 8. Given the facts and circumstances of the case, keeping properties in the dispute register does not arise. This Court does not find any merit. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 28.07.2025 SNI 6 226 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.19385 OF 2025 Dated: 28.07.2025 SNI