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2025 DAILYLAW 33395 (AP)

SRI IJJADA SIVANNARAYANA MURTHY v. THE STATE OF AP

WA/1022/2025 · 2025-09-21

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

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APHC010501092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1022/2025 Writ Appeal under clause 15 of the Letters Patent Memorandum of Writ Appeal is preferred against the non disposal of I.A. No.01 of 2025 in W.P. No.23477 of 2025 by the Honble learned Single Judge Sri T. Rajasekhar for the following among other grounds Between: 1. SRI IJJADA SIVANNARAYANA MURTHY, S/O LATE IJJADA RAGHAVULU, AGE 68 YEARS, OCC AGRICULTURE, R/O H.NO. 16- 457/5, MAIN ROAD, HAYATHI NAGARAM, GUJARATIPET, SRIKAKULAM DISTRICT. A.P. ...APPELLANT AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 3 3. THE JOINT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT 4. 4. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM 5. THE TAHASILDAR, LAVERU MANDAL, SRIKAKULAM DISTRICT 6. 6. MR KARRI SYAM SUNDAR RAO, AGE 48 YEARS, OCC BUSINESS, R/O PLOT NO.5, GANESH RESIDENCY, GOVINDANAGAR, 2 RRR,J & TCDS,J WA.No.1022 of 2025 SRIKAKULAM TOWN, SRIKAKULAM DISTRICT ...RESPONDENT(S): 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 dispense with in filing the certified copy of docket proceedings made in W.P. No.23477 of 2025 dated 08.09.2025 and 03.09.2025 in the interest of justice 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 to suspend the impugned order of the Joint Collector, Srikakulam vide his proceedings Rc.No.886/2025/ D8 dated 28.08.2025 in the interest of justice. IA NO: 3 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 call for the records pertaining to the I.A. No.01 of 2025 in W.P. No.23477 of 2025 on the file of the Hon'ble High Court of Andhra Pradesh, Amaravathi and allowed the same in the interest of justice. Counsel for the Appellant: 1. KURITI BHASKARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 RRR,J & TCDS,J WA.No.1022 of 2025 The Court made the following judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard the learned counsel for the appellant and the learned Assistant Government Pleader for Revenue appeared for the respondents 1 to 5. 2. The appellant herein claims ownership and possession over Ac.2-87 cents of land in Sy.No.28/6 of Bijjipuram Village, Laveru Mandal, Srikakulam District. The 6th respondent herein is said to have approached the Joint Collector with the complaint that he had purchased an extent of Ac.1-50 cents in the very same survey number by way of a registered Sale Deed in the year 2012 and had been issued Pattadar Passbook and Title Deed in relation to the said land. However, the name of the appellant had been reflected as the owner of the land and same has been shown in the revenue records, which requires rectification. The 6th respondent is also said to have raised an objection for keeping the said land in the dispute register. 3. The Joint Collector, after hearing both sides, issued proceedings dated 28.08.2025. In these proceedings, the Joint Collector after going into the question of right and title over the land, in relation to both the appellant and the 6th respondent, had directed the Tahsildar to fix the boundary demarcation of the scheduled land in relation to Ac.1-50 cents claimed by the 6th respondent and deletion of the subject land from the dispute register. 4 RRR,J & TCDS,J WA.No.1022 of 2025 4. Aggrieved by these proceedings, the appellant has approached this Court by way of W.P.No.23477 of 2025. A learned Single Judge of this Court, on 03.09.2025, adjourned the matter to 08.09.2025. Thereafter, the learned Single Judge again granted two (2) weeks time to the learned Assistant Government Pleader for filing counter-affidavit on 08.09.2025. 5. The appellant has approached this Court being aggrieved by the said proceedings of the learned Single Judge as well as the proceedings of the Joint Collector. 6. Sri Kuriti Bhaskara Rao, learned counsel for the appellant has produced an endorsement said to have been issued by the Tahsildar on 12.09.2025, informing both the appellant as well as the 6th respondent that the land of Ac.2-96 cents in Sy.No.28/6 has been removed from the dispute register and calling upon the parties to file their mutation applications in order to carry out necessary rectifications in the revenue records. Learned counsel for the appellant would also contend that the revenue authorities are seeking to interfere with the possession of the appellant over the said land. 7. As the 6th respondent is not present before this Court, it would not be permissible to go into the question of who is in possession of the said land. 8. Be that as it may, the learned Single Judge is seized of the matter and it would not be appropriate to this Court to go into the question being raised in the writ petition or in the present appeal. 5 RRR,J & TCDS,J WA.No.1022 of 2025 9. In such circumstances, this Writ Appeal is closed, leaving it open to the appellant to pursue his writ petition before the learned Single Judge. However, it is further clarified that while the revenue authorities may take up proceedings, after an opportunity of hearing given to the parties, shall not in any manner involve themselves in dispossessing any party or putting any party in possession of the said land. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date:22.09.2025 KA Furnish copy by 24.09.2025. 6 RRR,J & TCDS,J WA.No.1022 of 2025 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1022/2025 Date:22.09.2025 KA Furnish copy by 24.09.2025.