Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 28415 (AP)

S. Subba Reddy @ Subba Rao, v. The State of Andhra Pradesh,

WP/20801/2025 · 2025-08-12

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010403952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20801/2025 Between: 1. S. SUBBA REDDY @ SUBBA RAO, S/O. SUBBARAMI REDDY @ SUBBARAMAIAH AGED 64 YEARS, R/O. DUBAGUNTA VILLAGE, A.S.PETA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, A.S.PETA MANDAL, SPSR NELLORE DISTRICT. 5. JANAKI RAJA, W/O. A.V.RAJAN @ RAJAN ARANGODE VENKITACHALAM, AGED 69 YEARS, R/O. B-24, ARCHANA CO-OP.HOUSING SOCIETY NEW D.N.NAGAR, ANDHERI WEST, AZADNAGAR, MUMBAI, MAHARASHTRA - 400053. 6. SURAM KISHORE, S/O. SURAM MALYADRI, AGED 28 YEARS, R/O. MAIN BAZAR, DUBAGUNTA VILLAGE, A.S.PETA MANDAL, SPSR NELLORE DISTRICT. 7. CHALLA TIRUPATHAIAH, S/O. KONDAIAH, R/O. DUBAGUNTA VILLAGE, A.S.PETA MANDAL SPSR NELLORE DISTRICT. 8. K ANIL KUMAR, S/O. NOT KNOWN TO PETITIONER TAHSILDAR, A.S.PETA MANDAL, SPSR NELLORE 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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the 2 Respondent No.4 in unilaterally mutating the names Respondent Nos.5 to 7 with respect to the petitioner's subject land admeasuring Ac. 3.885 cents (reflected as Ac.3.89 cents in the Revenue Records) in Sy.No.200 of Dubagunta Village, A.S. Peta Mandal, SPSR Nellore District, without issuing any notice, without conducting enquiry as contemplated under the A.P Rights in Land and Pattadar Passbooks Act 1971, as illegal, arbitrary, violative of Principles of Natural Justice Articles 14, 21 and 300 A of the Constitution of India Consequently direct Respondent Nos.1 and 2 to herein to initiate departmental enquiry and proceedings against Respondent No.4 and to restore the name of petitioner with respect to the subject land admeasuring Ac.3.885 cents (reflected as Ac.3.89 cents in the Revenue Records) in Sy.No.200 of Dubagunta Village, A.S. Peta Mandal, SPSR Nellore District. 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 to direct the respondents herein not to interfere with the possession and enjoyment of the petitioner’s subject land admeasuring Ac.3.885 cents (reflected as Ac.3.89 cents in the Revenue Records) in Sy.No.200 of Dubagunta Village, A.S. Peta Mandal, SPSR Nellore District, pending disposal of the above writ petition 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 leased to direct Respondent Nos.2 & 3 to conduct an enquiry and submit the report before this Hon’ble Court with respect to petitioner’s subject land admeasuring Ac.3.885 cents (reflected as Ac.3.89 cents in the Revenue Records) in Sy.No.200 of Dubagunta Village, A.S.peta Mandal, SPSR Nellore District, pending disposal of the above writ petition Counsel for the Petitioner: 1. V VINOD K REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 20801 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in unilaterally mutating the names Respondent Nos.5 to 7 with respect to the petitioner's subject land admeasuring Ac.3.885 cents (reflected as Ac.3.89 cents in the Revenue Records) in Sy.No.200 of Dubagunta Village, A.S. Peta Mandal, SPSR Nellore District, without issuing any notice, without conducting enquiry as contemplated under the A.P Rights in Land and Pattadar Passbooks Act 1971, as illegal, arbitrary, violative of Principles of Natural Justice Articles 14, 21 and 300-A of the Constitution of India and consequently direct Respondent Nos.1 and 2 to herein to initiate departmental enquiry and proceedings against Respondent No.4 and to restore the name of petitioner with respect to the subject land admeasuring Ac.3.885 cents (reflected as Ac.3.89 cents in the Revenue Records) in Sy.No.200 of Dubagunta Village, A.S. Peta Mandal, SPSR Nellore District and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.” 2. After arguing the matter some time, learned counsel appearing for the petitioner would request this Court that it would suffice to direct the respondents to dispose of the appeal pending before the appellate authority vide Rc.695/2025 dated 24.06.2025 filed by the petitioner, within the stipulated period. 3. Considering the request, this Court is inclined to dispose of this writ petition directing the concerned respondent/appellate to dispose of the appeal filed by the petitioner not later than six months from the date of receipt of a copy of this order. 4 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 13.08.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 20801 OF 2025 Date: 13.08.2025 SPP