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2025 DAILYLAW 30807 (AP)

Nambula Ravanamma, v. The State of Andhra Pradesh,

WP/26838/2021 · 2025-09-02

B Krishna Mohan

body2025

Judgment text

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APHC010445252021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 26838 OF 2021 Between: Nambula Ravanamma, W/o. Gurunadham, aged about 40 years, R/o. D. No. 2-129, Pamidipadu Village, Nuzendia Mandal, Guntur District, A.P. ...Petitioner AND The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District. The District Collector, Prakasam District, Ongole. The Revenue Divisional Officer, Markapur Revenue Division, Markapur, Prakasam District, A.P. The Mandal Revenue Officer, Peda Araveedu Mandal, Prakasam District, A.P. 1. 2. 3. 4. The Mandal Surveyor, Peda Araveedu Mandal, Prakasam District, A.P. R/o. 5. Narala Adhinarayana, S/o. Pullaiah, aged about 60 years, Thokapalli Village, Peda Araveedu Mandal, Prakasam District, A.P. Mekala Vengamma, W/o. Venkata Subbaiah, aged about 54 years, R/o. Thokapalli Village, Peda Araveedu Mandal, Prakasam District, 6. 7. A.P. Narala Bhulakshmi, W/o. Venkateswarlu, aged about 59 years, R/o. Thokapalli Village, Peda Araveedu Mandal, Prakasam District, A.P. 8. R/o. 9. Gumma Dhanalakshmi, W/o. Pulla Rao, aged about 62 years, Thokapalli Village, Peda Araveedu Mandal, Prakasam District, A.P. ...Respondents i 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, order or Direction more particularly one in the nature of writ of Mandamus directing the respondent official authorities to issue pattadar passbooks and title deeds in favor of the Petitioner for an extent of Ac.13.58 cents in Survey No. 139-A-2A, 264/4, 268/1, 271, 272, 312-B1 and 313 of Thokapalli Village, Peda Araveedu Mandal, Prakasam District by duly measuring the land as contemplated under The Andhra Pradesh Survey And Boundaries Act, 1923 as well as The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989. lA NO: 1 OF 2021 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 pass an interim order directing the respondent official authorities to consider the applications of the petitioner dated 15.07.2021 for measuring the land in an extent of Ac.13.58 cents in Survey No. 139-A-2A, 264/4, 268/1, 271, 272, 312-B1 and 313 of Thokapalli Village, Peda Araveedu Mandal, Prakasam District until disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent Nos.6, 7 & 9 : SRI PONNADA SREE VYAS Counsel for the Respondent No.8 : SRI G. VENKATESWARLU The Court made the following order: APHC010445252021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Bi'B [3233] B WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRIJUSTICE B KRISHNA MOHAN WRIT PETITION NO: 26838/2021 Between: 1.NAMBULA RAVANAMMA,, W/0. GURUNADHAM, AGED ABOUT 40 YEARS, R/0. D. NO. 2-129, PAMIDIPADU VILLAGE, NUZENDLA MANDAL, GUNTUR DISTRICT, A.P ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. PRAKASAM DISTRICT, 2.THE DISTRICT COLLECTOR, ONGOLE. 3.THE REVENUE DIVISIONAL OFFICER, MARKAPUR REVENUE DIVISION, MARKAPUR, PRAKASAM DISTRICT, A.P. 4.THE MANDAL REVENUE OFFICER, PEDA ARAVEEDU MANDAL, PRAKASAM DISTRICT, A.P. 5.THE MANDAL SURVEYOR, PEDA ARAVEEDU MANDAL, PRAKASAM DISTRICT, A.P. 6.NARALA ADHINARAYANA, , S/0. PULLAIAH, AGED ABOUT 60 YEARS, R/O. THOKAPALLI VILLAGE, PEDA ARAVEEDU MANDAL, PRAKASAM DISTRICT, A.P. 7.MEKALA VENGAMMA, W/0. VENKATA SUBBAIAH, AGED PEDA ABOUT 54 YEARS, R/O. THOKAPALLI VILLAGE, ARAVEEDU MANDAL, PRAKASAM DISTRICT, A.P. 8.NARALA BHULAKSHMI, W/0. VENKATESWARLU, AGED PEDA ABOUT 59 YEARS, R/O. THOKAPALLI VILLAGE, 2 ARAVEEDU MANDAL, PRAKASAM DISTRICT, A.P. 9.GUMMA DHANALAKSHMI, W/0. PULLA RAO, AGED ABOUT 62 PEDA ARAVEEDU YEARS, MANDAL, PRAKASAM DISTRICT, A.P. R/O. THOKAPALLI VILLAGE, ...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 toFor the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue any writ, order or Direction more particularlyone in the nature of writ of Mandamus directing the respondent official authorities to issue pattadar passbooks and title deeds in favor of the Petitioner for an extent of Ac. 13.58 cents in Survey No. 139-A-2A, 264/4, 268/1, 271, 272, 312-B1 and 313 of Thokapalli Village, Peda Araveedu Mandal, Prakasam District by duly measuring the land as contemplated under The Andhra Pradesh Survey And Boundaries Act, 1923 as well as The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 and pass lA NO: 1 OF 2021 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 For the reasons stated in the accompanying affidavit in support of the writ petition, the Petitioner herein prays that this Hon’ble Court may be pleased to pass an interim order directing the respondent official authorities to consider the applications of the petitioner dated 15.07.2021 for measuring the land in an extent of Ac. 13.58 cents in Survey No. 139-A-2A, 264/4, 268/1, 271, 272, 312-B1 and 313 of Thokapalli Village, Peda Araveedu Mandal, Prakasam District until disposal of the above writ petition, and pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1.SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.PONNADA SREE VYAS 3.G VENKATESWARLU 3 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 5 and the learned counsel appearing for the unofficial respondents. 2. This writ petition was filed questioning the action of the respondents in not issuing pattadar passbooks and title deeds in favour of the petitioner for an extent of Ac. 13.58 cents in Sy.No.139-A-2A, 264/4, 268/1, 271, 272, 312-B1 and 313 of Thokapalli Village, Peda Araveedu Mandal, Prakasam District by duly mentioning the land as contemplated under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1923. On the other hand, the learned Assistant Government Pleader 3. th respondent submits that, the relying upon the counter of the 4 petitioner filed an application dated 05.08.2021 through Meeseva NO.FS012101641530 for survey of land in Sy.No.139/A2A of Thokapalli Village. Accordingly, after issuance of notices to the petitioner and the neighbours, the said survey was conducted on 20.08.2021. The total extent of Ac. 1.08 cents in survey number 139/A2A is covered by hayricks, cattle yards, etc., owned by different persons of Thokapalli Village. In the same survey number, the Mandal Parishad Elementary School is also existing. The writ petitioner failed to show the land owned and enjoyed by her in Sy. No. 139/A2A. The occupants objected for survey by stating that they have purchased the sites which are in their 4 possession long back and that the applicant/ writ petitioner has no land in Sy.No.139/A2A as mentioned in her application and notice issued by the surveyor. As the petitioner failed to prove her possession on ground, the application dated 05.08.2021 of the petitioner for conducting survey was rejected duly intimating through Meeseva. In respect of the other claim of the petitioner for an extent of Ac. 13.58 cents in Sy.Nos.139/A2A, 178/1, 178/2, 237/2, 264/4, 268/1, 271, 272, 312-B1, 313 of Thokapalli Village of Peddaraveedu Mandal, the petitioner has not furnished any documents to show that she is in physical possession of the said lands in the said survey numbers. 4. As per the webland ROR records, the lands claimed by the petitioner are recorded with the names as noted below; Sy. No. Name Khata Extent 139/A2A Mekala Yogamma W/o Narasayya Jillela Venkateshwara Reddy S/o Govindayya Jajula Seethamma W/o Pedda Kasaiah Mekala Vengamma W/o Venkata ^ubbaiah Pothanapalli Alluraiah S/o Tirumalayya Narala Rama Rao S/o Narayana Narala Adinarayana S/o Pullaiah Narala Bhulakshmi W/o Venkateswarlu Mekala Vengamma W/o Venkata Subbaiah Mekala Vengamma W/o Venkata Subbaiah 382 0.08 237/2 160 1.38 192 2.76 360 1.38 495 1.73 599 1.03 264/4 272 3.40 268/1 260 2.80 271 360 2.32 272 360 0.57 Mekala Nagarani W/o Srinivasulu Mekala Venkateswarlu S/o Subbaiah 1114 0.45 312B-1 356 1.14 Mekala Pichaiah S/o Subbaiah 357 1.13 Mekala Ramanamma S/o Chanchaiah 358 1.13 Mekala Vengamma S/o Venkata Subbaiah 360 0.85 5 313 Mekala Venkateswarlu S/o Subbaiah Mekala Pichaiah S/o Subbaiah Mekala Ramanamma S/o Chenchaiah Mekala Vengamma S/o Venkata Subbaiah Chetula Srinivasulu S/o Ramaiah Chetula Venkateswarlu S/o Ramaiah 356 0.10 357 1.67 358 0.11 360 2.8 494 1.4 524 1.4 5. The petitioner is not an owner/ pattadar of the above said lands as per Record of Rights. She has not filed any records before the Tahasildar, Peddaraveedu to prove her possessory title over the lands claimed by her. Similarly, the petitioner has not furnished any supporting documents to prove her title over the other lands. She has also not applied for mutation of her name as pattadar for Ac. 13.58 cents for the above said survey numbers but only applied for an extent of Ac.0.08 cents in Sy.No.139/A-2A which was registered as stated above. The 4*^ respondent communicated the rejection of both the applications through Meeseva for information of the petitioner. 6. The learned counsel appearing for the unofficial respondents also submits that the relevant revenue records and pattadar passbooks show the different extents in the name of the unofficial respondents as th detailed in their counters and as well as in the counter of the 4 respondent but not standing in the name of the petitioner and the claim of the petitioner with respect to those lands is unreasonable and contrary to law. 6 In view of the above said facts and circumstances, as the application of the petitioner dated 05.08.2021 was already rejected and there are no supporting documents filed along with the application for the above said lands in different survey numbers, the petitioner is given an opportunity to make appropriate application through F-Line enclosing all the necessary documents in support of her claim and upon receipt of the same, the respondent Nos.4 & 5 are directed to consider and dispose of the same strictly in accordance with law by giving due opportunity to the petitioner, the unofficial respondents and others concerned and upon verification of the records and the subject lands, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of such application from the petitioner. 7. 8. Accordingly, this writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION ICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. \ The District Collector, Prakasam District, Ongole. The Revenue Divisional Officer, Markapur Revenue Division, Markapur, ^rakasam District, A.P. 4. The Mandal Revenue Officer, Peda Araveedu Mandal, Prakasam District, A.P. 5. The Mandal Surveyor, Peda Araveedu Mandal, Prakasam District, A.P. ^ One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. One CC to Sri Ponnada Sree Vyas, Advocate [OPUC] 9. One CC to Sri G. Venkateswarlu, Advocate [OPUC] 10. Two CD Copies i Cnr vi ■. • > A HIGH COURT DATED:03/09/2025 ORDER WP NO. 26838 OF 2021 oLiNogf ^ 12 SEP 2025 1| ^^^^sQurrent DISPOSING OF THE W.P. WITHOUT COSTS