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2025 DAILYLAW 32533 (AP)

CHILAKALAPUDI SAMBASIVA RAO v. THE STATE OF ANDHRA PRADESH

WP/24581/2025 · 2025-09-11

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010480132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24581/2025 Between: 1. CHILAKALAPUDI SAMBASIVA RAO, S/O.VEERABHADRA RAO, MALE, AGED 65YRS, R/O.JAGANADHAPURAM VILLAGE, PEDAVEGI MANDAL, WEST GODAVARI DISTRICT., PIN CODE 534475. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTRATE OFFICE, WEST GODAVARI DISTRICT. ELURU - 534006. 3. THE JOINT COLLECTOR, COLLECTORATE OFFICE, WEST GODAVARI DISTRICT. ELURU - 534006. 4. THE REVENUE DIVISIONAL OFFICER, ELURU, WEST GODAVARI DISTRICT., 5. THE TAHSILDAR, PEDAVEGI MANDAL. PEDAVEGI - 534450. WEST GODAVARI DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus or any other appropriate writ, order, or direction, declaring the actions of the 4th Respondent, RDO, Eluru, in issuing Endorsement No.02/2022/DT and turn the 5th Respondent, Tahsildar, Pedavegi, in issuing Notice NO.09/2025/B, regarding R.S.Nos.216 and 217/3, Jagannadhapuram, Pedavegi Mandal with an extent of Ac. 17.56 cents, an already concluded matter in O.S.No.1194/2022, A.S.No.236/2008, Wp.No 11486/2018 ,E.P.No.1/2021, C.R.P.Nos.60/2022, 231/2022 are illegal, arbitrary, and without jurisdiction and violative of the Pattadar Passbook Act and principles of natural justice. Consequently, to direct the Respondents restrained from before interfering with the possession, enjoyment, and Mutation of Revenue Records of the landed property covered by R.S.Nos.216,217/3, Jagannadhapuram, Pedavegi Mandal, in favour of the Petitioner and his wife and pass such…..” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The case of the petitioner is that the petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Ac.17.56 cents in Sy.Nos.216 and 217/3, situated at Jaganadhapuram Village, Pedavegi Mandal, West Godavari District. The petitioner has been in possession and enjoyment of the subject land. The petitioner was also issued pattadar passbooks, title deeds, and the 1B register pursuant to the order of this Court in W.P.No.11486 of 2018, wherein this Court directed the respondent authorities to consider the Form-6A application of the petitioner and effect mutation of his name in respect of the subject land. It is clarified that the said order does not amount to this Court confirming the title of the petitioner over the subject land, but only directing the respondents to consider his application. While so, the 4th respondent/the Revenue Divisional Officer issued a notice dated 18.08.2025 by way of an endorsement, directing the petitioner to submit an explanation and all required documents to substantiate his title pursuant to an application submitted by a person claiming to be the son of the petitioner. 4. The learned counsel for the petitioner submits that the petitioner submitted his explanation dated 18.08.2025 pursuant to the impugned notice issued by the 4th respondent. He further submits that once the rights of the petitioner have been conferred by way of issuance of pattadar passbooks and title deeds over the subject property, the respondents cannot be permitted to issue notices repeatedly and re-adjudicate the rights of the petitioner. Hence, the present writ petition. 5. On the other hand, the learned Government Pleader submits that the impugned endorsement dated 18.08.2025 was issued by the 4th respondent pursuant to the representation of one Chilakalapudi Sudhakar, son of the petitioner, who is claiming rights over the subject land and who submitted an application for mutation of his name as a legal heir. Therefore, the 4th respondent directed the petitioner to submit all required documents and title deeds to substantiate his right over the subject property. Since the petitioner has already submitted his explanation, the same would be considered and appropriate orders will be passed in accordance with law. 6. Considering the submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, and on perusal of the material available on record, this Court is of the considered view that the present writ petition can be disposed of by directing the petitioner to submit again a detailed explanation along with all required documents to substantiate his claim over the subject property, pursuant to the impugned notice issued by the 4th respondent dated 18.08.2025, within a period of four (04) weeks from the date of receipt of a copy of this order. Upon such submission, the 4th respondent shall consider the same and pass appropriate orders in accordance with law, at the earliest, and in any event not later than two (02) months thereafter. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property. 7. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 12.09.2025 klk 236 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.24581 of 2025 12.09.2025 kkllkk