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2025 DAILYLAW 3748 (AP)

SHAIK SILAR SAHEB v. The State of Andhra Pradesh,

WP/1554/2021 · 2025-01-22

Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1554 OF 2021 Between: 1. Shaik Silar Saheb, S/o late Madina Muslim, aged 60 years, resident of Gajuwaka, 31-52-22/1, Visakhapatnam District. Yadavajaggarajupeta, Vadlapudi 2. Shaik Meera Bi, D/o late late Madina Muslim, aged 56 years, resident of Gajuwaka, 31-52-22/1 Yadavajaggarajupeta, Vadlapudi, Visakhapatnam District. 3. Shaik Kasibi, D/o late Madina Muslim, aged 52 years, resident of 31-52- 22/1, Yadavajaggarajupeta, Vadlapudi, Gajuwaka, Visakhapatnam District 4. Shaik Raheem Bibi, D/o late Madina Muslim, aged 48 years, resident of Gajuwaka, 31-52-22/1 Visakhapatnam District. Yadavajaggarajupeta Vadlapudi (All the petitioners being represented by their Agent & GPA Holders Gurindapalli Dhanraj S/o Late Devanandam and Gurindapalli Praveen, S/o Dhanraj, residents of #C-3, BHEL Township, Gajuwaka, Viskhapatnam.) ...Petitioners AND 1. The State of Andhra Pradesh, reptd., by the Principal Secretary (Revenue) AP Secretariat, Amaravathi. 2. The District Collector, Collectorate, Maharanipeta, Visakhapatnam. 3. Revenue Divisional Officer, Collectorate, Maharanipeta Visakhapatnam. 4. The Tahasildar, Gajuwaka Mandal, Gajuwaka, Visakhapatnam. X' ...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, direction or order more particularly one in the / / r nature of a Writ of Mandamus, declaring the inaction on the part of the - respondents 2 to 4 in not implementing the ryotwari patta granted in Inam No. 1400 of 2004 dated 30/08/2004 by mutating the names of the petitioner in the village revenue records, 1-B Register despite several representations as illegal, vexatious, capricious and dereliction of duty , apart from it being violative of the rights of the petitioners guaranteed under Art. 300-A of the Constitution of India and consequently direct the respondents 2 to 4 to incorporate the names of the petitioners in the village revenue records, 1-B Register and to do all necessary acts to give full effects to the rights conferred on the petitioners vide Inam Case No. 1400 of 2004 dated 30/08/2004. lA NO: 1 OF 2024 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 leave to the Respondent No.4 to file counter affidavit in the above writ petition. Counsel for the Petitioners: SRI SRIDHAR TUMMALAPUDI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010021792021 IN THE HIGH COURT OF ANDHRA PRADESH AT AM ARAVAT I (Special Original Jurisdiction) [3332] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1554/2021 Between: ...PETITIONER(S) Shaik Silar Saheb and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SRIDHAR TUMMALAPUDI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ORDER: Non implementation of the ryotwari patta granted in inam case No.1400of 2004 vide orders dated 30.08.2004 by respondent Nos.2 to 4 by mutating the names of the petitioners in the 1B register despite several representations is the grievance of the petitioners. Heard Sri Sridhar Thummalapudi, learned counsel for the petitioners 2. and Sri Krishna Praneeth, learned Assistant Government Pleader for Revenue. 2 Learned counsel for the petitioner in elaboration to what has been stated 3. in the writ affidavit submitted that pursuant to the inam case No.1400/2004, the 4‘^ respondent-Tahsildar granted a Ryotwari patta in favour of the petitioners vide order dated 30.08.2004. Thereafter, despite several representations, the authorities are not mutating the petitioners names in the revenue records, as such, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Assistant Government Pleader on counter submitted that as against the orders dated 30.08.2004, an appeal under Section 7(2) of Andhra Pradesh (A.A) Inam (Abolition & Conversion into Ryotwari) Act, 1956, has been filed by the Appellate Authority & Revenue Divisional Officer and the same is pending consideration. Further, the subject land was kept in dispute register in webland adangal, as such, they are unable to implement the orders dated 30.08.2004, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the learned counsel appearing on both sides. 6. It is not in dispute that the Ryotwari patta has been granted to the petitioners vide orders dated 30.08.2004. It is the contention of the learned Assistant Government Pleader that an appeal has been filed before the Appellate authority & Revenue Divisional Officer and the same is pending consideration, as such, the petitioners representation could not be considered. There is no material placed on record that the Appellate Authority has passed 3 interim orders in the pending appeal. When there are no orders passed in the appeal by the Appellate Authority, the respondent Tahsildar is not precluded to entertain the petitioner's representation. A perusal of the record would this Court considering the material available on record granted 29.01.2021 directing the respondent Tahsildar to consider indicate that interim orders on representation of the petitioners dated 02.01.2020 and pass;appropriate orders thereon strictly in accordance with law. It shows that the authorities have not passed any orders so far. In view of the same, without going into the merits and demerits of the case, this Court is inclined to dispose of the writ the petition by passing the following order; The respondent-Tahsildar is directed to consider and dispose of the dated 25.11.2019 and 02.01.2020 in accordance petitioners representations with law. Accordingly, the Writ Petition is disposed of. There shall be no order as 7. to costs. miscellaneous applications, pending if any, shall stand Sd/- J. SAROJA assistant registrar As a sequel closed. //TRUE COPY// nr Vr SECTION OFFICER To, 1 The Principal Secretary (Revenue). State of Andhra Pradesh A.P.Secretariat, Amaravati, Guntur District. 2. The District Collector, Collectorate, Maharanipeta, Visakhapatnam. Divisional Officer, Collectorate, Maharanipeta, 3. The Revenue Visakhapatnam. 4. The Tahasildar, Gajuwaka Mandal, Gajuwaka, Visakhapatnam. CC to Sri Sridhar Tummalapudi, Advocate [OPUC] High Court of Andhra Pradesh. [OUp 5. One 6. Two CCs to GP for Revenue 7. Two CD Copies RAM f HIGH COURT DATED:22/01/2025 ORDER WP.No.1554 of 2021 ^ 15 MAR 2025 . Current Section DISPOSING OF THE WP WITHOUT COSTS