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2025 DAILYLAW 37953 (AP)

A THIKKAIAH v. THE STATE OF ANDHRA PRADESH

WP/40011/2022 · 2025-08-13

B Krishna Mohan

body2025

Judgment text

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APHC010674252022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 40011 OF 20?? SMS Between: A Thikkaiah, S/o Vasanthappa, Aged about 65 Postal Society Colony. Kalyanadurgam Road. Ananthapuram District years, R/o D.No. 4-1772, Anathapuramu ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department A.P Secretariat, Velagapudi, Amaravati Revenue 2. The District Collector, Sri Sathya Sai District, Puttaparthy. 3. The Joint Collector, Sri Sathya Sai District, Puttaparthy. 4. The Revenue Divisional officer Dharmavaram, Anathapuramu District 5. The Tahsildar, Dharmavaram Mandal, Anathapuramu 6. Smt. District, S Chennamma, Dharmavaram Mandal, Sri Sathya Sai District, W/o S Narayana, Chigicharla Village, ...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 an appropriate writ, order the nature of writ of Mandamus under Article or direction more particularly one in 226 of Constitution of India declaring the order passed by the Respondent No.3 viz. The Joint Collector. Sri Sathya Sai District, Puttaparthy vide Rc.No.802/CORD3/2022 Dated 18-10-2022 as illegal, arbitrary, untenable and in violation of the principles of natural justice and against to the fundamental rights under Articles 14, 21 and 300-A of Constitution of India and consequently confirm the orders passed by the Respondent No.4 vide D.Dis.No.2821/2016/G Dated 29-07-2022 in respect of Sy.No.234-3 extent Ac. 1.96 cents vide iB.No.1955 of Chigicharla Village, Dharmavaram Mandal, Sri Sathya Sai District, which stands in the name of the writ petitioner in the interest of justice. lA NO: 1 OF 2022 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 order passed by the Respondent No.3 viz. The Joint Collector, Sri Sathya Sai District, Puttaparthy vide Re.No.802/CORD3/2022 18-10-2022 pending disposal of the Writ Petition. lA NO: 1 OF 2023 Between; 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department A.P Secretariat, Velagapudi, Amaravati 2. The District Collector, Sri Sathya Sai District, Puttaparthy. 3. The Joint Collector, Sri Sathya Sai District, Puttaparthy. 4. The Revenue Divisional officer Dharmavaram, Anathapuramu District, 5. The Tahsildar, Dharmavaram Mandal, Anathapuramu District, ...Petitioners/Respondents Dated AND 1. A Thikkaiah, S/o Vasanthappa, Aged about 65 years, R/o D.No. 4-1772, Postal Society Colony, Kalyanadurgam Anathapuramu District Road, Ananthapuram, ... Respondent/Petitioner 2. Smt. S Chennamma, W/o S Narayana Dharmavaram Mandal, Sri Sathya Sai District, Chigicharla Village ...Respondent/ Respondent (Respondent No.2 is not necessary party in this petition) n under Section 151 CPC praying that in the circumstances stated Tffidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 13.12.2022 in W.P.No.40011 of 2022 and also dismiss the writ petition. PetM in tl IA NO: 2 OF 2025 Between; Smt. S Chennamma, W/o S Narayana, Chigicharla Village, Dharmavaram Mandal, Sri Sathya Sai District, ...Petitioners/Respondent no.6 AND 1. A Thikkaiah, S/o Vasanthappa, Aged about 65 Postal Society Colony, Kalyanadurgam Anathapuramu District years, R/o D.No. 4-1772, Road, Ananthapuram, ... Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Rep by its Principal Secretary Department A.P Secretariat, Velagapudi, Amaravati 3. The District Collector, Sri Sathya Sai District 4. The Joint Collector, Sri Sathya Sai District, Puttaparthy. 5. The Revenue Divisional officer Dharmavaram, 6. The Tahsildar, Dharmavaram Mandal, Anathapuramu Revenue Puttaparthy. Anathapuramu District District, ...Respondents/ Respondents Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 13.12.2022 in WP. No.40011/2022. praying that in the circumstances stated Counsel for the Petitioner: SRI S KRISHNA REDDY Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI MOJJADA HARI KRISHNA The Court made the following order: APHC010674252022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3233] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 40011/2022 Between; 1.A THIKKAIAH, S/0 VASANTHAPPA, AGED ABOUT 65 YEARS, RIO D.NO. 4-1772 ROAD, ANANTHAPURAM, ANATHAPURAMU DISTRICT POSTAL SOCIETY COLONY, KALYANADURGAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEPARTMENT A.P SECRETARIAT, SECRETARY REVENUE VELAGAPUDI, AMARAVATI 2.THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, PUTTAPARTHY. 3.THE JOINT COLLECTOR, SRI PUTTAPARTHY. 4.THE REVENUE DIVISIONAL ANATHAPURAMUDISTRICT, 5.THE TAHSILDAR, DHARMAVARAM MANDAL, ANATHAPURAMU DISTRICT, 6.SMT S CHENNAMMA, W/0 S NARAYANA, CHIGICHARLA VILLAGE, DHARMAVARAM MANDAL, SRI SATHYA SAI DISTRICT, SATHYA SAI DISTRICT, OFFICER DHARMAVARAM ...RESPONDENT(S); 2 HBKM,J W.P.NoAOOll of2022 > Counsel for the Petitioner; 1.S KRISHNA REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE 2.MOJJADA HARI KRISHNA 3 HBKMJ W.P. No.40011 of 2022 f The Court made the following Order:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 5 and the learned counsel appearing for the respondent No.6. rd This writ petition was filed questioning the proceedings of the 3 respondent dated 18.10.2022 in disposing of the revision petition filed by the respondent herein. 2. The above said revision was filed by the 6^^ respondent against the petitioner with respect to the subject matter in an extent of Ac.2.49 cents in Sv.No.455-2A and .Ac.1.96 cents in Sy.No.234-3 situated in Chigicherla Village, Dharmavaram Mandal, Sri Sathya Sai District, against the order passed by the 4^^ respondent dated 29.07.2022. The said revision was filed before the 3'"^ respondent. 3. 4. The writ petitioner submitted the written arguments before the said authority and upon contest by both the parties therein, the revision petition disposed of by the 3'^'^ respondent dated 18.10.2022 as under; was Considering the facts, the following orders are passed: 1. The orders passed by the RDO, Dharmavaram in Dis.No.2821/2016 /G dated 29.07.2022 to delete the webland IB entry made in respect of Sy.No.234-3 extent 1.96 cents of Chigicherla village stands in the of revision petitioner and handing over possession of the land to Sri A. Thikkaiah S/o. Vasanthappa are hereby set aside. name 4 HBKM,J W.P. No.40011 of2022 2. With regard to the land in Sy.No.445-2A extent Ac.2.49 cents, the Tahsildar, Dharmavaram is directed to initiate action as per assignment rules in force as the subject land is reported as unfit for cultivation and not brought under cultivation since long time. 3. The Tahsildar, Dharmavaram is directed to issue pattadar pass books in equal share to all the legal heirs or as agreed as per FCCA of the original assignee in respect of land in Sy.No.234-3 extent Ac. 1.96 cents of Chigicherla village of Dharmavaram Mandal as per assignment rules in force and also directed to keep the subject land dispute register until finalization of the issue by the Tahsildar. Accordingly the revision petition is disposed of. in 5. But the learned counsel for the petitioner submits that there i registered family partition between the petitioner and the 6**^ members. IS an un respondent family In view of the same, the 6“^ respondent is not entitled as determined by the revision authority dated 18.10.2022. The apportionment of the extents made for the purpose of issuance of pattadar passbooks is not correct according to the petitioner. 6. The learned counsel for the petitioner also submits that there suits pending in the Junior Civil Judge Court at Dharmavaram in O.S.Nos.230 of 2015 and 12 of 2021. For the are two purpose of seeking comprehensive relief, the petitioner is also contemplating to file a suit before the competent Civil Court to assert the rights over the subject land and the other covered under the un-registered family partition deed. properties which are 7. The learned counsel for the 6*^ respondent also submits that the of the revisional authority is appropriate and it does not require any order 5 HBKM,J W.P.No.40011 of2022 interference as it was rightly appreciated by the revisional authority for issuance of pattadar pass books in respect of the subject land. In view of the above said facts and circumstances, as the petitioner is contemplating to file a separate comprehensive suit, the liberty is given to the petitioner to file the same for assertion of all the rights by impleading all the necessary parties including the 6'^ respondent if so required and in the event of filing of the suit and disposal of the same on merits, appropriate relief can be sought against the revenue authorities at appropriate stage. Subject to the outcome of those above said two suits, which are already pending and the above said ensuing suit, appropriate relief can be sought before the revenue ties concerned by the parties concern 6**^ respondent herein when that occasion arises, as per law. 8. duding the 4.:4. auth ier and the lr-f« I I M( I HMfl H U II • 9. With these observations, this writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/-M.SRINIVAS assistant registrar SECTJQN OFFICER //TRUE COPY// To. 1. The Principal Secretary, Revenue Department A.P Secretariat, Velagapudi, Amaravati 2. The District Collector, Sri Sathya Sai District, Puttaparthy. 3. The Joint Collector, Sri Sathya Sai District, Puttaparthy. 4. The Revenue Divisional officer Dharmavaram, Anathapuramu District, 5. The Tahsildar, Dharmavaram Mandal, Anathapuramu District. 6. One CC to Sri S Krishna Reddy, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. One CC to Sri Mojjada Hah Krishna, Advocate [OPUC] 9. Two CD Copies TF HIGH COURT DATED: 14/08/2025 ORDER WP NO. 40011 OF 2022 ^ 2 0 SEP 2025 jX DISPOSING OF THE W.P., WITHOUT COSTS