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2025 DAILYLAW 36212 (AP)

M SREENIVASULU v. THE STATE OF ANDHRA PRADESH

WP/35672/2022 · 2025-03-26

T C D Sekhar

body2025

Judgment text

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APHC010590142022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 35672/2022 Between: M Sreenivasulu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. VENKATA RAMA RAO KOTA 2 The Court made the following order: The petitioners claim that they are the absolute owners and possessors of land admeasuring an extent of Ac.12.50 cents in the Sy.No.25-1 of Kurugunta Village, Anantapuramu Rural Mandal, Anantapuramu District. It is further case of the petitioners that apart from the said land they are owners of some other lands in various survey numbers in the said village. The 5th respondent mutated the names of the petitioners in the revenue records and also issued pattadar passbooks and title deeds in their favor with respect to the subject property. It is further case of the petitioner that while things stood thus, the 6th respondent filed application on 30.11.2021, asking the 4th respondent to mutate his name in the revenue records in respect of land for an extent of Ac.7.25 cents in Sy.No.25-1 of Kurugunta Village, Anantapuramu Rural Mandal, Anantapurumu District. The said application filed by the 6th respondent was enquired into and by virtue of order dated 22.07.2022, the 6th respondent’s name was mutated in the revenue records by deleting the petitioners names. It is further contended by the petitioners that while passing the said order, the 4th respondent did not issue any notice to them. Aggrieved by the same, they preferred a revision petition vide 3194/2022, under 3 Section 9 of the AP Rights in Land and Pattadar Passbook Act,1971, before the 3rd respondent along with an application seeking to stay all further proceedings pursuant to order dated 22.07.2022 passed by the 4th respondent. It is further case of the petitioners that, as the 3rd respondent did not take up the revision for hearing, they filed the present writ petition, questioning the order dated 22.07.2022, passed by the 3rd respondent as against which he has already preferred a revision. 2. This Court, by order dated 03.11.2022, suspended the order passed by the 3rd respondent. The said order is subsisting till today. 3. On the other hand, the 5th respondent filed counter affidavit stating that, despite issuance of notice, the petitioners did not choose to appear before the 4th respondent. In those circumstances, the order impugned came to be passed. He further contends that, having filed revision petition against the order dated 22.07.2022, the writ petitioner ought not to have filed the present writ petition, and the same is not maintainable and accordingly prayed to dismiss the present writ petition. 4 4. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and learned counsel for the 6th respondent. 5. It is not in dispute that the petitioners filed a revision petition under Section 9 of the Act, impugning the order dated 22.07.2022, passed by the 3rd respondent. It is settled proposition of law that, parallel proceedings are not maintainable as against the same order. Therefore, the present writ petition is not maintainable. 6. As already noted supra, this Court by order dated 03.11.2022, suspended the order passed by the 3rd respondent. In view of the above, the present writ petition is disposed of, directing the 3rd respondent to dispose of the revision petition vide 3194/2022 filed by the petitioner as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of copy of the order. 7. It is needless to mention that the interim order granted by this Court shall continue till the disposal of the revision petition filed by the petitioner. 5 8. With the above direction, the present writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.26.03.2025 DSB 6 485 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR W.P.No.35672 of 2022 Date: 26.03.2025 U DSB