Papana Sankara Rao, v. The State of Andhra Pradesh,
WP/25905/2025 · 2025-09-21
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33300 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33300 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010498382025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 25905/2025 Between:
1. PAPANA SANKARA RAO, S/O RAMANA, AGED ABOUT 43 YEARS, RESIDENT OF MYCHERLAPALEM VILLAGE, CHODAVARAM MANDAL, ANAKAPALLE DISTRICT. 2. PAPANA KANAKARAJU, S/O LATE TATA BABU, AGED ABOUT 38 YEARS, OCC-EMPLOYEE, RESIDENT OF MYCHERLAPALEM VILLAGE, CHODAVARAM MANDAL, ANAKAPALLE DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLE DISTRICT, COLLECTORATE COMPLEX, ANAKAPALLE. 3. REVENUE DIVISIONAL OFFICER, ANAKAPALLE REVENUE DIVISION, ANAKAPALLE DISTRICT. 4. THE TAHASILDAR, CHODAVARAM MANDAL, ANAKAPALLE DISTRICT. 5. MANDAL SURVEYOR, CHODAVARAM MANDAL, OFFICE OF TAHASILDAR OFFICER, CHODAVARAM, ANAKAPALLE DISTRICT. 6. BURE NAGESWARA RAO, S/O LATE MAHALAKSHMI, AGED ABOUT 40 YEARS, RESIDENT OF MYCHERLAPALEM VILLAGE, CHODAVARAM MANDAL, ANAKAPALLE 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 a writ, order or direction, more particularly one in the nature of Mandamus declaring the action of the 4th respondent in issuing proceedings in Rc.No.1/A dt.05.08.2025
2 directing the 5threspondent to cancel L.P.M.No.22 for an extent of Ac.0.249 cents and LPM.No.23 for an extent of Ac 0.232 cents in Sy.No.123-1 of Mycherlapalem Village, Chodavaram Mandal, Anakapalle District and issue new LPM at the instance of 6th respondent pending civil suit in O.S.No.168 of 2025 on the file of Principal Civil Judge (Junior Division), at Chodavaram between petitioners and 6th respondent is illegal, arbitrary and violative of Article 16 and 21 of Constitution of India and consequently set aside the proceedings in Rc.No. 1/A dt 05.08.2025 issued by the 4th respondent and be pleased to pass
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 grant interim stay of proceedings in Rc.No. 1/A dt 05.08.2025 issued by the 4th respondent pending the disposal of writ petition and pass
Counsel for the Petitioner(S):
1. T V SRI DEVI
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.
25905 of 2025 ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue a writ, order or direction, more particularly one in the nature of Mandamus declaring the action of the 4th respondent in issuing proceedings in Rc.No.1/A dt.05.08.2025 directing the 5threspondent to cancel L.P.M.No.22 for an extent of Ac.0.249 cents and LPM.No.23 for an extent of Ac 0.232 cents in Sy.No.123-1 of Mycherlapalem Village, Chodavaram Mandal, Anakapalle District and issue new LPM at the instance of 6th respondent pending civil suit in O.S.No.168 of 2025 on the file of Principal Civil Judge (Junior Division), at Chodavaram between petitioners and 6th respondent is illegal, arbitrary and violative of Article 16 and 21 of Constitution of India and consequently set aside the proceedings in Rc.No.1/A dt.05.08.2025 issued by the 4th respondent and be pleased to pass such other order or orders that may deem fit and proper in the circumstances of the case.”
2. The learned Assistant Government Pleader has placed the written instructions in Rc.No.330/2025/SA dated -.09-2025 addressed by the Tahsildar, Chodavaram to the office of the Government Pleader for Revenue, High Court Building, A.P., Amaravathi (part of the record). In the said written instructions, it is emphasized that the authorities will take action according to the outcome of the judgment of the civil Court only. 3. Recording the said written instructions that any action by the respondent authorities is subject to the outcome of the suit in
4 O.S.No.168 of 2025 on the file of the Principal Civil Judge (Junior Division), Chodavaravaram, the Writ Petition is disposed of. 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: 22.09.2025 SPP
5
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
W.P.No. 25905 OF 2025
Date: 22.09.2025
SPP