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2025 DAILYLAW 35607 (AP)

MARUTURI RAGHAVENDRA RAO v. THE STATE OF ANDHRA PRADESH

WP/29841/2024 · 2025-01-30

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 29841 OF 2024 Between: 1. Maruturi Raghavendra Rao, S/o. Samba Murthy, Aged 55 years, R/o. D.N0.12-183/B, Devangapuri, Jandrapet, Chirala Mandal, Prakasam District, Now in Bapatia District. 2. Kama Mohan Rao, S/o. Nagabhushanam, Aged 45 years, R/o. D.No.7- 161, Kama Subbarayudu Kala Vedika, Devangapuri, Jandrapet, Chirala Mandal, Prakasam District, Now in Bapatia District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 2. The District Collector, Bapatia Distrct, Bapatia 3. The Tahsildar, Vetapalem Mandal Bapatia District ...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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3’’'^ Respondent in not recording / mutating the Petitioners names in all Revenue Records including Webland Record in respect of the land an extent of Ac. 1.60 cents in Sy.No.177/2, Ac.1.92 cents in Sy.No.177/3 and Ac.0.94 % cents in Sy.No.176/5 of Nayunipalli Village, Challareddypalem Panchayat, Vetapalem Mandal, Prakasam District, now in Bapatia District as illegal, arbitrary, violative of the Order, dt.29.11.2022 passed by this Honble Court in W.P.No.28307/2011 and also violative of Article 300-A of the Constitution of India and consequently direct the 3"'^ Respondent to forthwith record / mutate the names of the Petitioners in all Revenue Records including Webland Records in respect of the land an extent of Ac.1.60 cents in Sy.No.177/2, Ac.1.92 cents in Sy.No.177/3 and Ac.0.94 y4 cents in Sy.No.176/5 of Nayunipalli Village, Challareddypalem Panchayat, Vetapalem Mandal, Prakasam District, now in Bapatia District. lA NO: 1 OF 2024 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 direct the Respondents 2 and 3 to consider and pass appropriate orders on the Petitioners Representation, dt.27.11.2024 in the light of Order, dt.29.11.2022 passed by this Honble Court in W.P.No.28307/2011. Counsel for the Petitioners ; SRI G. RAMESH BABU Counsel for the Respondents: SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE The Court made the following: ORDER APHC010569722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 29841/2024 Between: 1.MARUTURI RAGHAVENDRA RAO, S/0. SAMBA MURTHY, AGED 55 JANDRAPET, NOW IN BAPATIA YEARS, R/0. D.N0.12-183/B, DEVANGAPURI CHIRALA MANDAL, PRAKASAM DISTRICT, DISTRICT 2.KAMA MOHAN RAO,, S/0. NAGABHUSHANAM, AGED 45 YEARS, KAMA SUBBARAYUDU KALA VEDIKA, PRAKASAM R/0. D.NO.7-161, DEVANGAPURI, JANDRAPET, CHIRALA MANDAL DISTRICT, NOW IN BAPATIA DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT 2.THE DISTRICTCOLLECTOR,BAPATLA DISTRCT, BAPATLA 3.THE TAHSILDAR, VETAPALEM MANDAL BAPATIA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1.G RAMESH BABU Counsel for the Respondent(S): 2 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri G. Ramesh Babu, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Representations submitted by the Writ Petitioner No.1 dated 12.09.2023, 19.06.2023 and 28.05.2024 seeking issuance of Pattdar Pass Books and Title Deeds to the Writ Petitioners on the strength of the Registered Document Nos.348/2011 and 349/2011. It is the submission of the learned Counsel for the Writ Petitioners that the Writ Petitioners have purchased the property in the public auction done through Debt Recovery Tribunal under SARFAESI Act. 3. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration has submitted the Written Instruction furnished by the Tahsildar, Vetapalem, Bapatia District, dated 23.01.2025. Copy of the Written Instruction is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 4. The Written Instruction indicates that the Writ Petitioners have not submitted the Application in accordance with the statute namely Form-6A prescribed under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. as 5. The Sale Deeds bearing Document Nos.348/2011 and 349/2011, were cancelled by the District Collector, vide Order dated 05.09.2011. The Proceeding of the District Collector was challenged by the Writ Petitioners in W.P.No.28307 of 2011. Vide, Order dated 29.11.2022, this Court was pleased to allow the Writ Petition by setting aside the Order of the District Collector. On a specific query made by this Court whether the Order of the Learned Single Judge dated 29.11.2022 in W.P.N9.28307 of 2011 has been assailed 3 in an intra-court appeal by filing Writ Appeal, on instructions, learned Assistant Government Pleader, has submitted that the Government has not preferred any Appeal against the Order dated 29,11.2022 in W.P.No.28307 of 2011. The legal effect of this would be that the Order of the Learned Single Judge dated 29.11.2022 in W.P.No.28307 of 2011 had attained finality. 6. Having regard to the facts mentioned hereinabove, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with a direction to the Writ Petitioners to submit Form-6A Application to the Tahsildar, Vetapalem Mandal, Baptia District (Respondent No.3) within two weeks from today. Upon receipt of Form-6A Application, the Respondent No.3 is directed to issue Final Proceeding in accordance with law within a period of six weeks thereafter and communicate copy of such Proceeding to the Writ Petitioners forthwith. Writ Petitioner is directed to submit a copy of this Order to the Respondent No.3 within a period of one week from today for effective compliance. 7.With these observations and directions, this Writ Petition stands allowed..No order as to costs. f this order. 8.Interlocutory Applications, if any, stand closed in terrn^ Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// I SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatia Distrct, Bapatia 3. The Tahsildar, Vetapalem Mandal Bapatia District 4. One CC to Sri G. Ramesh Babu, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr HIGH COURT DATED:30/01/2025 ORDER WP.No.29841 of 2024 0 5 FEB 2025 X o^ . Current Section . ^ ALLOWING THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS