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2025 DAILYLAW 28306 (AP)

K.V.Chalapathi Rao v. The Government of Andhra Pradesh, Rep. by its Principal

WP/13167/2014 · 2025-08-13

R Raghunandan Rao

body2025

Judgment text

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APHC010402652014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 13167/2014 Between: 1. K.V.CHALAPATHI RAO, S/O VENKATA RATNAM GARU, AGED 63 YEARS, OCC: RETIRED GOVERNMENT EMPLOYEE, R/O H.NO.6- 13-17 & 18, SRIDEVI NILAYAM, 13/2, ARANDALPET, GUNTUR. ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH REP BY ITS PRINCIPAL, SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, HYDERABAD. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. THE JOINT COLLECTOR AND ADDL DISTRICT MAGISTRATE, PRAKASAM DISTRICT AT ONGOLE. 4. THE REVENUE DIVISIONAL OFFICER, KANDUKUR, PRAKASAM DISTRICT. 5. THE SETTLEMENT OFFICER, ONGOLE, PRAKASAM DISTRICT. 6. THE TAHSILDAR, DONAKONDA MANDAL, PRAKASAM DISTRICT. 7. JAGARLAMUDI VENKATESHWARLU, S/O VENKATASUBBAIAH, AGED 67 YEARS, OCC: RETIRED RAILWAY EMPLOYEE, C/O BABAI HOTEL, GANDHINAGAR, VIJAYAWADA, KRISHNA DISTRICT. 8. JAGARLAMUDI SATYANARAYANA, S/O VENKATASUBBAIAH, AGED 62 YEARS, OCC: RETIRED EMPLOYEE, R/O H.NO. 11-15-12, NEAR OLD POST OFFICE, RAMIREDDYPET, NARASARAOPET, GUNTUR 2 DISTRICT. 9. PURUSHOTHAM SATYANANDAM, S/O PEDDA HANUMANTHARAO, AGED 50 YEARS, R/O NARASIMHANAYUNIPALEM, DONAKONDA MANDAL, 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 toto issue any appropriate Writ, Order or direction more in the nature of Writ of Mandamus declaring order passed by the Respondent No.3 in D.Dis/(D2)8919/1997 dated 1-3-2010 invoking suo motu powers under Section 9 of the AP Record of Rights in Land and Pattedar Pass Books Act 1971 R/w Rule 22 of the AP Record of Rights in Land and Pattedar Pass Books Rules, 1989 after lapse of 30 years and passing the impugned order after lapse of 12 years from the year of initiation of suo moto enquiry and quashing the entries made in Revenue records in respect of the lands in Sy.No. 152/2 extent Ac. 7-30 cents situated at Narasimhanayunipalem village, Donakonda Mandal, Prakasam District and directing the Respondent No.6 to summon the Pattadar Pass books and Title deeds issued in favour of the vendors of the petitioner in respect of the above mentioned land apart from issuing other directions against his interest as illegal, arbitrary, violative of principles of natural justice, contrary to law and provisions of AP Record of Rights in Land and Pattadar Pass Books Act 1971 and the Rules made there under and also Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 apart from contrary to the well settled principles of law laid down by this Hon'ble Court and the Hon'ble Apex Court and set aside the same IA NO: 1 OF 2014(WPMP 16498 OF 2014 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 order passed by the Respondent No.3 in D.Dis/(D2)8919/1997 dated 1-3-2010 in pending disposal of the above Writ Petition IA NO: 2 OF 2014(WPMP 23287 OF 2014 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 pass orders for substituting the extent of the land mentioned in paragraphs 3, 3 8 and Main prayer in the affidavit as well as in the Writ Petition as Ac. 12-33 cents Counsel for the Petitioner: 1. V UMA DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 4 The Court made the following Order: Heard Sri Raja Reddy Koneti, learned counsel for the petitioners and there is no appearance on behalf of the respondents. 2. This Writ Petition has been filed challenging the proceedings of the 3rd respondent dated 01.03.2010, in D.Dis/(D2)8919/1997. This proceeding has also been challenged in W.P.No.13168 of 2014 by another set of petitioners and the said proceedings had already been set aside, on 14.08.2025, on the ground of lack of jurisdiction and inordinate delay in exercising the power under Section-9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971[for short “the ROR Act, 1971]. As the present case has identical facts, the said Order dated 14.08.2025 would apply. 3. Following the aforesaid Order of this Court, in W.P.No.13168 of 2014, dated 14.08.2025, this Writ Petition is allowed setting aside the proceedings issued by the 3rd respondent dated 01.03.2010, in D.Dis.(D2)8919/1997. It may also be recorded that the revisional authority did not have jurisdiction to invoke under Section-9 of the ROR Act, 1971. 4. However, this would not preclude the authorities from invoking such provisions of law as are permissible against the petitioners. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J. BSM 5 HON’BLE SRI JUSTICE R.RAGHUNANDAN RAO Writ Petition No.13167 of 2014 14-08-2025 BSM