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2025 DAILYLAW 4021 (AP)

Mallidi Srinivasa Reddy, v. The State of Andhra Pradesh

WP/1460/2025 · 2025-01-22

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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COURT OF ANDHRA PRADESH ;; AMARAVATI (Special Original Jurisdiction) IN THE HIGH PRESENT GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1460 OF 2025 HON’BLE SRI JUSTICE Between; 1. Mallidi Srinivasa Reddy, S/o Manga R/o Ravulapalem, Ravulapalem Reddy Aged about 50 years, Mandal, Dr.B.R.Ambedkar Cultivation Konaseema District. Reddy, Aged about 40 years. Mandal, Dr.B.R.Ambedkar 2. Mallidi Venkata Lakshmi, W/o M Srinivasa Housewife, R/o Ravulapalem, Ravulapalem Konaseema District. ...PETITIONERS AND 1 The Slate of Andhra Pradesh, represented by its Principal Secretanr, Revenue Department, Secretariat, Velagapudi, Guntur District. - Revisional Authority, Dr.B.R.Ambedkar 2. The Joint Collector - cum Konaseema District, Amalapuram. Dr.B.R.Ambedkar Officer, Amalapuram District Revenue Konaseema District. Tahsildar, Ravulapalem Mandal Konaseema District. 3. The Ravulapalem, Dr.B.R.Ambedkar 4. The 5. Mallidi Satti Reddy, S/o Satyanarayana Reddy Aged about 54 yeare. R/o D.No.1-38, Ravulapalem, Ravulapalem Mandal, D . . . Konaseema District. ...RESPONDENTS of the Constitution of India is filed praying affidavit filed therewith, the High Petition under Article 226 that in the circumstances stated in the 9 Court may be pleased to issue a Writ order or direction, especially one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 herein in issuing the notice (Publication) dt.27-12-2024 and 28-12-2024 and mutating the name of the 5th respondent herein in R.O.R(IB) for the lands an extent of Ac.0.33.cts and Ac.0.34.cts in S.No.185-4a-1 of L.Polavaram Village (Lakshmi Polavaram Village), Dr.B.R.Ambedkar Konaseema District by removing petitioners pending the Revision Petition before the 2nd Respondent, also before the expiry of the period to file revision against the Order Dt. 13-12-2024 of the 3rd Respondent herein and also pendency O.S No.51 of 2019, on the file of the Court of the Civil Judge (Junior Division), Kothapeta, East Godavari District is illegal arbitrary and contrary to principles of natural justice and the Arts 14, and 300-A of the Constitution of India and consequently set aside the notice (publication) dt.27-12-204 and 28-12-2024 issued by the 4th respondent by restoring petitioners names in R.O.R(IB) pertaining to our lands to an extent of Ac.0.33.cts and Ac.0.34.cts in S.No.185-4a-1 of L.Polavaram Village (Lakshmi Polavaram Village), Ravulapalem Mandal, Dr.B.R.Ambedkar Konaseema District. Ravulapalem Mandal, names lA NO: 1 OF 2025 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 notice (publication) dt.27-12-204 and 28-12-2024 issued by the 4'^ Respondent by restoring petitioners names in R.O.R(IB) pertaining to our lands to an extent of Ac.0.33.cts and Ac.0.34.cts in S.No.185-4a-1 of L.Polavaram Village (Lakshmi Polavaram Ravulapalem Mandal, Dr.B.R.Ambedkar Konaseema District, disposal of the above Writ Petition. Village) Counsel for the Petitioner: SRI T V JAGGI REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI MAREEDU SASIDHAR s The Court made the following: ORDER [3328] APHC010026512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■illiiri m WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1460/2025 Between: 1.MALLIDI SRINIVASA REDDY,, S/0 MANGA REDDY AGED ABOUT 50 YEARS, CULTIVATION, R/0 RAVULAPALEM, RAVULAPALEM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 2.MALLIDI VENKATA LAKSHMI,, W/0 M SRINIVASA REDDY, AGED R/0 RAVULAPALEM, DR.B.R.AMBEDKAR KONASEEMA ABOUT 40 YEARS. HOUSEWIFE RAVULAPALEM MANDAL, DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY DEPARTMENT, ITS SECRETARY, REVENUE PRINCIPAL SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR CUM REVISIONAL AUTHORITY, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 3.THE DISTRICT REVENUE OFFICER, AMALAPURAM DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 4. THE TAHSILDAR, RAVULAPALEM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. RAVULAPALEM, 5.MALLIDI SATTI REDDY, S/0 SATYANARAYANA REDDY AGED ABOUT 54 YEARS, R/0 D.NO.1-38, RAVULAPALEM, 2 DR.B.R.AMBEDKAR KONASEEMA RAVULAPALEM MANDAL, DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.T V JAGGI REDDY Counsel for the Respondent(S): 1.MAREEDU SASIDHAR 2.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri T.V.Jaggi Reddy, learned Counsel for the Petitioners, Sri K.Arjun Chowdary, learned Assistant Government Pleader for Revenue and Sri Mareedu Sasidhar, learned Counsel for Respondent No.5. It is the submission of the learned Counsel for the Petitioners that the 2. Order passed by the Appellate Authority namely District Revenue Officer (Respondent No.3) dated 13.12.2024 (Ex.P4) itself would indicate that the Revision lies before the Joint Collector against the said order within sixty days from the date of receipt of the order. It is the contention of the learned Counsel for the Petitioners that the Petitioners have received the order passed by the Appellate Authority-Cum-District Revenue Officer dated 13.12.2024 (Ex.P4) on 23.12.2024. Without waiting for a period of sixty days, the Tahsildar (Respondent No.4) has mutated the revenue record by deleting the name of the Writ Petitioners and including the name of the Unofficial Respondent No.5 on 19.01.2025. 3 4 3. It is the submission of the learned Counsel for the Petitioner that Writ Petitioners have already filed a Revision before the competent authority (Joint Collector) on 17.01.2025 and the same is yet to be numbered. the 4. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into the merits, directing the Unofficial Respondent No.5 and the Official Respondents not to create any third party rights either by way of lease or sale or by any other mode of alienation. The Revisional Authority namely the Joint Collector is directed to dispose of the Revision Petition (Ex.P6) filed by the Writ Petitioners in accordance with law within weeks from today and communicate a copy of the final Order to all the interested parties forthwith. Writ Petitioners are directed to submit a copy of this Order to the Joint Collector within compliance. a period of fourteen one week from today for effective 5. With these observations and directions, this Writ Petition disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. stands 6. Sd/- B PRASADA RAO ASSISTANTjREGISTRAR //TRUE COPY// SEC FICER To Sntur Department, Secretariat, Velagapudi 2. The Joint Collector - cum - Revisional Authority, Dr B R Ambedkar Konaseema District, Amalapuram. > D.r^.MmDeaKar 3. The District Revenue Konaseema District. 4. The Tahsildar, Ravulapalem Mandal, Ravulapalem Konaseema District. Officer, Amalapuram Dr.B.R.Ambedkar Dr.B.R.Ambedkar 5. One CC to Sri T V Jaggi Reddy Advocate [OPUC] 6. One CC to Sri Mareedu Sasidhar Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:22/01/2025 ORDER /S WP.No.1460 of 2025 0 1 FEB 20?5 Co . Current Section . ^ S,P^S PATC DISPOSING OF THE W.P., WITHOUT COSTS