IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH / TWO THOUSAND AND TWENTY FIVE Y PRESENT ^ THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION NO: 44130 OF 2017 AMARAVATI / / / a f. Between: 1. J.Shantial Jain (died).,- 2. J.S.Sunil Kumar Jain, S/o. Late Shantilal Jain, aged about 53 years, Occ; Cultivation & Business, D.No.1643, Prasanthinagar, Khadi Colony Tirupathi, Chittoor District. 3. J.S.Ashok Kumar Jain (DIED), S/o. Late Shantilal Jain aged about 51 years, Occ Cultivation Business, R/o. Jain Selections, 9-2-70, ll Floor T.K. Street, Tirupathi, Chittoor District. 4. A.Kavitha, W/o Late J.S.Ashok Kumar Jain, Aged about 51 years, Occ House Hold Affairs, R/o Doddapuram Street, Tirupathi, Tirupathi District. 5. A.Yash Jain, S/o Late J.S.Ashok Kumar Jain, Aged about 21 years, Occ Student, R/o F5 MM Cascade, Suryagandhi Cross Vivekanandanagar, Tiruvallur District, State of Tamilnadu 6. A. Sneha Jain , W/o Sanjay Kumar, Aged about 20 years, Occ Household Affairs, R/o No.57, 7*^ Street, Dharmaraja Koil Street Tirupattur, State of Tamilnadu. Petitioner Nos. 4 to 6 are brought on record as L.Rs of the deceased 3" petitioner as per the Court's order dt .23.11.2024 in I.A.No. 03 of 2024. Street, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District- 522020. 2. The Chief Commissioner of Land Administration, Andhra Pradesh Jasthi Towers, 2nd Floor, D.No.22-19, Saipuram Colony Road, Gollapudi Village, Vijayawada Rural, Andhra Pradesh-521 225. T" 3. The Special Commissioner & Director of Settlements, Andhra Pradesh Currency Nagar, Vijayawada, Krishna District. 4.' The Settlement Officer-Cum- Joint Collector, Chittoor, Chittoor District. 5. The District Collector, Chittoor, Chittoor District. 6. The Tahsildar, Tirupathi (U) Mandal, Tirupathi, Chittoor District. 7. T.Om Karthikeyan, S/o Late Alleiah, R/o H.No.2-61-1, Mitta Gandhipuram Village, Mangalam Post, Tirupathi Urban Mandalam, Chittoor District, Andhra Pradesh. R7 is impleaded as per order of this court dt.02.05.2023 vide order passed in I.A.No.1 of 2022. ...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 or direction more particularly one in the nature of 'Writ of Certiorari' calling for records relating to and connected with the orders made in CCLA's Ref. No.PI/89/2006, dt.27.07.2017 on the file of the 2"^^ respondent, and to quash the same as being illegal, unjust, arbitrary, violative of principles of natural justice, contrary to the provisions of Andhra Pradesh (Andhra area) Estates (Abolition & Conversion in to Ryotwari) Act, 1948 and accordingly set aside the same, and consequently to restore the orders passed by the Commissioner (Appeals) in Proceedings No.P3/1832/99, dated 28.03.2001 and also the orders dated 25.01.1982 made in SR No.17/11(a) 81/CTR of the Settlement Officer, Nellore. I.A. NO: 1 OF 2017(WPMP. NO: 54713 OF 2017) 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 suspend the operation of the Orders made in CCLA's Ref. No.PI/89/2006, dt.27.07.2017 on the file of the 2"'^ respondent, pending disposal of the Writ Petition. lA NO: 1 OF 2018 Between: 1. The State of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District- 522020. 2. The Chief Commissioner of Land Administration, Andhra Pradesh Jasthi Towers, 2"^^ Floor, D.No.22-19, Saipuram Colony Road, Gollapudi Village, Vijayawada Rural, Andhra Pradesh-521 225. 3. The Special Commissioner & Director of Settlements, Andhra Pradesh, Currency Nagar, Vijayawada, Krishna District. 4. The Settlement Officer-Cum- Joint Collector, Chittoor, Chittoor District. 5. The District Collector, Chittoor, Chittoor District. 6. The Tahsildar, Tirupathi (U) Mandal, Tirupathi, Chittoor District. ...Petitioners/Respondents No.1 to 6 AND 1. J.ShantialJain (died).,- 2. J.S.Sunil Kumar Jain, S/o. Late Shantilal Jain, aged about 53 years, Occ: Cultivation & Business, D.No.1643, Prasanthinagar, Khadi Colony, Tirupathi, Chittoor District. 3. J.S.Ashok Kumar Jain (DIED), S/o. Late Shantilal Jain aged about 51 years, Occ Cultivation Business, R/o. Jain Selections, 9-2-70, 11 Floor, T.k. Street, Tirupathi, Chittoor District. 4 A.Kavitha, W/o Late J.S.Ashok Kumar Jain, Aged about 51 years, Occ House Hold Affairs, R/o Doddapuram Street, Tirupathi, Tirupathi District. 5 A Yash Jain, S/o Late J.S.Ashok Kumar Jain, Aged about 21 years R/o F5 MM Cascade, Suryagandhi Cross Street Occ Student, Vivekanandanagar, Tiruvallur District, State of Tamilnadu 6 A Sneha Jain , W/o Sanjay Kumar, Aged about 20 years, Occ Household Affairs, R/o No.57, 7‘^ Street, Dharmaraja Koil Street, Tirupattur, State of Tamilnadu. ...Respondents/Petitioners Petitioner Nos. 4 to 6 are brought on record as L.Rs of the deceased 3'^'' petitioner as per the Court's order dt .23.11.2024 in I.A.No. 03 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 vacate the interim order granted on 26-12-2017 in W.P.M.P. No. 54713 of 2017 in W.P. No. 44130 of 2017. lA NO: 1 OF 2023 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 7‘^ respondent in WP No. 44130 of 2017 to file the counter affidavit in the above writ petition. 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 re-open the case WP. No. 44130 of 2017 for final hearing of the matter. lA NO: 2 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 permit the petitioners to advance arguments final hearing of the case WP No. 44130 of 2017. Counsel for the Petitioners: SRI P. VEERA REDDY FOR SRI S V MUNI REDDY Counsel for the Respondents 1 to 6: GP FOR REVENUE Counsel for the Respondent No.7: SRI M.V.RAJA RAM FOR M/s CORPUS JURIS LAW PANEL LLP The Court made the following order: 1 RRR,J W.P.No.44130/2017 APHC010953012017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 44130/2017 Between; ...PETITIONER(S) J.shantial Jain (died), and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh Rep By Its Prl Secretary and Others Counsel for the Petitioner(S): 1.S VMUNl REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.CORPUS JURIS LAW PANEL LLP The Court made the following Order: Heard Sri P. Veera Reddy, learned Senior Counsel representing Sri S.V. Muni Reddy, learned counsel appearing for the petitioner and Sri M.V. Raja Ram, learned counsel appearing for the respondent. One Smt. T. Padmavathamma obtained a patta, under Section 11(a) of the A.P. (Andhra Area) Estates Abolition and Conversion into Ryotwari Act, over an extent of Ac.7.35 cents in various survey numbers of 2. R.^R.J W.P.No.44130/2017 Mangalam Village, erstwhile Chandragiri Taluk, Chittoor District , on the basis of a Saswatha patta granted to one Sri Ramaiah Pillai. Thereafter, certain' disputes arose as to the persons, who were entitled to the title and possession of the said lands. The petitioners in the present case, claim ownership and possession over the said lands, by virtue of deeds of sale said to have been executed by Smt. T. Padmavathamma in their favour. 3. It may also be noted that the originally petitioners 1 and 3 had passed away and petitioner Nos.4 to 6 have been brought legal representatives of the deceased petitioner. The dispute between the Smt. T. Padmavathamma and Sri Ramaiah on record as :he 4. persons, claiming to be the legal heirs of Pillai, and that of the v/rit petitioners herein, had resulted in the order of the Commissioner (Appeais), dated 28.03.2001 in proceedings CCLA's Ref.No.P3/1832/99, wherein ryotwari patta granted in favour of Smt. T. Padmavathamma is affirmed. Aggrieved by the said order, the District Collector, Chittoor Tirupati Urban Mandai, have moved and Tahsildar, a review before the Commissioner (Appeals) in the office of the Chief Commissioner, Gollapudi. Land Administration, 6. The Commissioner (Appeals) by an order, dated 27.07.2017, had allowed the review petition and set aside the earlier orders of (Appeals) dated 28.03.2001. This proceeding, which is impugned in the present writ petition, had also been impugned in W.P.No.37261 of 2017 by Commissioner 3 RRR.J W.P.No.44130/2017 Sri T. Om Karthikeyan, who is a descendent of Smt. T. Padmavathamma. This writ petition came to be allowed by a learned Single Judge of this Court, 01.08.2022, wherein the learned Single Judge had set aside the order, dated 27.07.2017, with the original order dated 28.03.2001 being restored. 7. It may also be noticed that the petitioners in the present writ petition are also parties to the earlier writ petition. In view of the fact that the order impugned in this writ petition has aiready been set aside by an earlier order of a learned Single Judge of this Court in W.P.No.37261 of 2017, nothing further would survive in this writ petition, as the order in W.P.No.37261 of 2017 would also enure to the benefit of the petitioners herein. 9. Both Sri P. Veera Reddy, learned Senior Counsel appearing for Sri S.V. Muni Reddy, learned counsel for the petitioners and Sri M.V. Raja Ram, learned counsel appearing for the 7‘^ respondent, have raised various who should be the beneficiary of the patta granted in favour of Smt. T. Padmavathamma and whether it is the descendents of Smt. T. who would continue to have title and possession over the one on 8. issues as to Padmavathamma, land or whether the petitioners, who are claiming to be the purchasers from over the land. Smt. T. Padmavathamma, would have title and possession that cannot be decided by this Court while exercising under Article 226 of the Constitution of India. The said issues are These are issues jurisdiction left open to be agitated before the appropriate Court of competent jurisdiction. 4 RRR,J W.P.No.44130/2017 9. Accordingly, the writ petition is disposed of. There shall be order as to costs. As shall stand closed. no a sequel, pending miscellaneous applications if any, Sd/- K. SRINIVASA RAJU assistANT^REGIS’WR ^ICER //TRUE COPY// SE To, The Prl. Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District-522020. The Chief Commissioner of Land Administration, Andhra Pradesh, Jasthi Towers, 2"'* Floor, D.No.22-19, Saipuram Colony Road, Gol apudi Village, Vijayawada Rural, Andhra Pradesh-521 225. The Special Commissioner & Director of Settlements, Andhra Pradesh, Currency Nagar, Vijayawada, Krishna District. The Settlement Officer-Cum- Joint Collector, Chittoor, Chittoor District. .The District Collector, Chittoor, Chittoor District., The Tahsildar, Tirupathi (U) Mandal, Tirupathi, Chittoor District. One CC to Sri S V Muni Reddy, Advocate [OPUC One CC to M/s Corpus Juris Law Panel LLP, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. RAM V, HIGH COURT DATED;28/03/2025 ORDER WP.No.44130 of 2017 X 0 2 APR 2025 ^ . Current Section 10m '‘3 DISPOSING OF THE WP WITHOUT COSTS