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2025 DAILYLAW 31347 (AP)

GUNDLOORI (THOTI) SREENIVASULU v. The State of Andhra Pradesh

WP/23824/2025 · 2025-09-08

Tarlada Rajasekhar Rao

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Judgment text

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APHC010453232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23824 OF 2n2fi Between; Gundloori (Thoti) Sreenivasulu, S/o, Eragaiah, Aged about 61 Agriculture, Settipeta Village, Chowdepalle Mandal, Chittoor District. years, Occ- ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velgapudi, Guntur District 2. The District Collector, Chittoor District, Chittoor. 3. The Sub-Collector, Madanapalle, Chittoor District. 4. The Sub-Collector, Palamaner, Chittoor District. 5. The Tahsildar, Chowdepalle Mandal Chittoor District. 6. K Krishnam Raju, S/o. late Syma Raju, Aged about 62 Agriculture. 7. K. Suba Raju, S/o. late Thippa Raju, Aged about 70 Agriculture. 8. K Nagamanemma, W/o. Late Keasava Raju, Aged about 65 -Agriculture. 9. K Chakrapani, S/o. Raghavaraju, Aged about Agriculture. 10. S Basava Raju, S/o. Ramakrishna Raju, Aged about 50 Agriculture years, Occ- years, Occ- years, Occ 45 years, Occ- years Occ- 9. K Chakrapani, S/o. Raghavaraju, Aged about 45 years, Occ- Agriculture. 10. S Basava Raju, S/o. Ramakrishna Raju, Aged about 50 years Occ- Agriculture 11. K Rama Raju, S/o. Chengam Raju, (Died 12. K Venkataraju, S/o. late Munuswamu Raju, (died) 13. K Muniswamy Raju, S/o. Narayan Raju 14. K Muni Lakshamamma, W/o.late G.Nageshwara Raju, Aged about 45 years, Occ- Agriculture. 15.Amuluru Gangalappa, S/o. late Siddappa, Aged about 70 years, Occ- Agriculture ...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.4 in taking up the appeal in ROC NO.B4/4301/2012, filed by the petitioner, for cancellation of the Pattadar Pass Book and Title Deeds issued in favor of the respondent No. 6 to 15 illegally for the land in an extant of Ac. 0.11 in Sy.No.399/9. Ac.0.05 Cents in Sy.No.399/10, Ac.0.06 Cents in Sy.No.408/9, Ac.2.85 Cents in Sy. 334/1, Ac.0.55 Cents in Sy.No.340/8, Ac.0.75 Cents in Sy.No.358/6 , Ac.0.79 Cents in Sy.No.419/5, Ac.0.16 Cents in Sy.No.419/3, Ac.3.64 Cents in Sy.No.748/1, Ac.0.41 Cents in Sy.No.248/2, Ac.0.07 Cents in Sy.338/5, Ac.0.66 Cents in Sy.No.248/1, Ac.0.09 Cents in Sy.No.409/2, Ac. 1.45 Cents in Sy.No.417/5, Ac.2.88 Cents in Sy.No.334/1, Ac.0.37 Cents in Sy.No.358/5, Ac.0.04 Cents in Sy.No.358/10, Ac.0.09 Cents in Sy.No.408/2 and Ac.1.28 Cents in Sy.No.384/16 of Settipeta Village, Chowdepalli Mandal, Chittoor District, belong to the petitioner,for hearing and 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 stay the operation of the Pattdar Pass Books mutated in favor of the Respondents No.6 to 15 pertaining to the land in an extant of Ac. 0.11 in Sy.No.399/9. Ac.0.05 Cents in Sy.No.399/10, Ac.0.06 Cents in Sy.No.408/9, Ac.2.85 Cents in Sy. 334/1, Ac.0.55 Cents in Sy.No.340/8, Ac.0.75 Cents in Sy.No.358/6 , Ac.0.79 Cents in Sy.No.419/5, Ac.0.16 Cents in Sy.No.419/3, Ac.3.64 Cents in Sy.No.748/1, Ac.0.41 Cents in Sy.No.248/2, Ac.0.07 Cents in Sy.338/5, Ac.0.66 Cents in Sy.No.248/1, Ac.0.09 Cents in Sy.No.409/2, Ac. 1.45 Cents in Sy.No.417/5, Ac.2.88 Cents in Sy.No.334/1, Ac.0.37 Cents in Sy.No.358/5, Ac.0.04 Cents in Sy.No.358/10, Ac.0.09 Cents in Sy.No.408/2 and Ac. 1.28 Cents in Sy. No.384/16 of Settipeta Village, Chowdepalli Mandal, Chittoor District, belong to the petitioner, pending disposal of the above Writ Petition Counsel for the Petitioner: M/s. S PARINEETA Counsel for the Respondents No.1 to 5: GP FOR REVENUE The Court made the following order: APHC010453232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO ■ LI [3330] WRIT PETITION NO: 23824/2025 Between: 1.GUNDLOORI (THOTI) SREENIVASULU, S/0, ERAGAIAH, AGED ABOUT 61 YEARS, OCC- AGRICULTURE, SETTIPETA VILLAGE, CHOWDEPALLE MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE SUBCOLLECTOR, MADANAPALLE, CHITTOOR DISTRICT. 4. THE SUBCOLLECTOR, PALAMANER, CHITTOOR DISTRICT. 5. THE TAHSILDAR, CHOWDEPALLE MANDAL CHITTOOR DISTRICT. 6. K KRISHNAM RAJU, S/0.LATE SYMA RAJU, AGED ABOUT 62 YEARS, OCC- AGRICULTURE. 7. SUBA RAJU, S/0. LATE THIPPA RAJU, AGED ABOUT 70 YEARS, OCC- AGRICULTURE. 8. K CHAKRAPANI, S/0. RAGHAVARAJU, AGED ABOUT 45 YEARS, OCC -AGRICULTURE. 9. K CHAKRAPANI, S/O. RAGHAVARAJU, AGED ABOUT 45 YEARS, OCC- AGRICULTURE. 10.S BASAVA RAJU, S/O.RAMAKRISHNA RAJU, AGED ABOUT 50 YEARS OCC- AGRICULTURE 11.K RAMA RAJU, K.RAMA RAJU, S/O. CHENGAM RAJU, (DIED 12.K VENKATARAJU, S/O. LATE MUNUSWAMU RAJU, (DIED) 13.K MUNISWAMY RAJU, S/O. NARAYAN RAJU 14. K MUNI LAKSHAMAMMA, W/O.LATE G.NAGESHWARA RAJU, AGED ABOUT 45 YEARS, OCC- AGRICULTURE. 15.AMULURU GANGALAPPA, S/O. LATE SIDDAPPA, AGED ABOUT 70 YEARS, OCC-AGRICULTURE ...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.4 in taking up the appeal in ROC NO.B4/4301/2012, filed by the petitioner, for cancellation of the Pattadar Pass Book and Title Deeds issued in favor of the respondent No. 6 to 15 illegally for the land in an extant of Ac. 0.11 in Sy.No.399/9. Ac.0.05 Cents in Sy.No.399/10, Ac.0.06 Cents in Sy.No.408/9, Ac.2.85 Cents in Sy. 334/1, Ac.0.55 Cents in Sy.No.340/8, Ac.0.75 Cents in Sy.No.358/6, Ac.0.79 Cents in Sy.No.419/5, Ac.0.16 Cents in Sy.No.419/3, Ac.3.64 Cents in Sy.No.748/1, Ac.0.41 Cents in Sy.No.248/2, Ac.0.07 Cents in Sy.338/5, Ac.0.66 Cents in Sy.No.248/1, Ac.0.09 Cents in Sy.No.409/2, Ac. 1.45 Cents in Sy.No.417/5, Ac.2.88 Cents in Sy.No.334/1, Ac.0.37 Cents in Sy.No.358/5, Ac.0.04 Cents in Sy.No.358/10, Ac.0.09 Cents in Sy.No.408/2 and Ac.1.28 Cents in Sy. No.384/16 of Settipeta Village, Chowdepalli Mandal, Chittoor District, belong to the petitioner, for hearing and dispose off the same as arbitrary, illegal abdication of the statutory duty cast on him and voilative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of Constitution of India consequently direct the respondent No.4 to take up the ROC No. appeal in ROC NO.B4/4301/2012, filed by me for hearing and dispose off the same 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 stay the operation of the Pattdar Pass Books mutated in favor of the respondents No.6 to 15 pertaining to the land in an extant of Ac. 0.11 in Sy.No.399/9. Ac.0.05 Cents in Sy.No.399/10, Ac.0.06 Cents in Sy.No.408/9, Ac.2.85 Cents in Sy. 334/1, Ac.0.55 Cents in Sy.No.340/8, Ac.0.75 Cents in Sy.No.358/6 , Ac.0.79 Cents in Sy.No.419/5, Ac.0.16 Cents in Sy.No.419/3, Ac.3.64 Cents in Sy.No.748/1, Ac.0.41 Cents in Sy.No.248/2, Ac.0.07 Cents in Sy.338/5, Ac.0.66 Cents in Sy.No.248/1, Ac.0.09 Cents in Sy.No.409/2, Ac.1.45 Cents in Sy.No.417/5, Ac.2.88 Cents in Sy.No.334/1, Ac.0.37 Cents in Sy.No.358/5, Ac.0.04 Cents in Sy.No.358/10, Ac.0.09 Cents in Sy.No.408/2 and Ac.1.28 Cents in Sy. No.384/16 of Settipeta Village, Chowdepalli Mandal, Chittoor District, belong to the petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner; 1.S PARINEETA 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. 23824 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No. 4 in taking up the appeal in ROC NO.B4/4301/2012, filed by the petitioner, for cancellation of the Pattadar Pass Book and Title Deeds issued in favor of the respondent No. 6 to 15 illegally for the land in an extant of Ac. Sy.No.399/10, Ac.0.06 Cents in Sy.No.408/9, Ac.2.85 Cents in Sy. 334/1, Ac.0.55 Cents in Sy.No.340/8, Ac.0.75 Cents in Sy.No.358/6, Ac.0.79 Cents in Sy.No.419/5, Ac.0.16 Cents in Sy.No.419/3, Ac.3.64 Cents in Sy.No.748/1, Ac.0.41 Cents in Sy.No.248/2, Ac.0.07 Cents in Sy.338/5, Ac.0.66 Cents in Sy.No.248/1, Ac.0.09 Cents in Sy.No.409/2, Ac. 1.45 Cents in Sy.No.417/5, Ac.2.88 Cents in Sy.No.334/1, Ac.0.37 Cents in Sy.No.358/5, Ac.0.04 Cents in Sy.No.358/10, Ac.0.09 Cents In Sy. No. 408/2 and Ac. 1.28 Cents in Sy. No. 384/16 of Settipeta Village, Chowdepalll Mandal, Chittoor District, belong to the petitioner, for hearing and dispose of the same as arbitrary, illegal abdication of the statutory duty cast on him and voilative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of Constitution of India consequently direct the respondent No. 4 to take up the ROC No. appeal in ROC NO.B4/4301/2012, filed by me for hearing and dispose of the same and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case’’. The petitioner has approached this Court with a prayer for issuance of a direction for expeditious disposal of the Appeal in ROC/B4:4301/2012 filed by the petitioner against the order, dated 24.04.2012 of the Tahsildar, Chowdepalle Mandal, pending before the 3'^'^ respondent filed under provisions of A.P.Rights in Lands and Pattadar Passbooks Act, 1971. 0.11 in Sy. No. 399/9. Ac. 0.05 Cents in \ 2. \ 4 3- The learned counsel for the authority is bound to decide petitioner stated that the appellate the case in accordance with law expeditiously. The urgency that is stated that the property rights involved in the case if the delay is occasioned that it will be detrimental to the petitioner. Hence, pleaded are to direct the revisional authority to - in accordance with law. dispose of the revision in a time bound manner i 4. Ergo the Court directs the 3'^'^ respondent appellate authority to make an endeavour to put an end, by making all the efforts in deciding a reasonable time for disposal of the by the petitioner, on merits and as the case with due diligence within Appeal in ROC/B4:4301/2012 filed per law, after hearing all the parties possible and i to the dispute, as expeditiously in any case, not beyond three months from as the date of receipt of the order. 5. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. - no Sd/- K. TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To Revenue The Principal Secretary, State of Andhra Pradesh, Department, Secretariat Buildings, Velgapudi, Guntur District The District Collector, Chittoor District, Chittoor. The Sub-Collector, Madanapalle, Chittoor District. The Sub-Collector, Palamaner, Chittoor District. The Tahsildar, Chowdepalle Mandal Chittoor District. One CC to SRI S PARINEETA Advocate [OPUC] Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 1. 2. 3. 4. 5. 6. 7. 8. Two CD Copies gsg HIGH COURT DATED: 09/09/2025 ORDER WP NO. 23824 OF 2025 ^2 0 SEP 2025 jl) rrentSectioaxC^ ff' ■vftF, DISPOSING THE WP WITHOUT COSTS