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2025 DAILYLAW 40519 (AP)

Pulavarthi Vijaya Lakshmi v. The Thasildar

WP/16200/2018 · 2025-11-17

Ninala Jayasurya

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Judgment text

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APHC010349692018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 16200/2018 Between: 1. PULAVARTHI VIJAYA LAKSHMI, W/O. KONDAIAH, AGED ABOUT 51 YEARS, OCC AGRICULTURE, R/O. KOMMURU VILLAGE, AGIRIPALLI MANDAL,KRISHNA DISTRICT. 2. PULAVARTHI KARTHEEK, S/O. KONDAIAH, AGED ABOUT 30 YEARS, PERMANENT RESIDENT OF KOMMURU VILLAGE, AGIRIPALLI MANDAL,KRISHNA DISTRICT REP. BY HIS GPA HOLDER PULAVARTHI VIJAYA LAKSHMI ...PETITIONER(S) AND 1. THE THASILDAR, CHATRAI VILLAGE AND MANDAL, KRISHNA DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, NUZVID, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT(S): NJS,J W.P No.16200 of 2018 2 Counsel for the Petitioner(S): 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) NJS,J W.P No.16200 of 2018 3 The Court made the following Order: Heard Mr. K Sazid, learned counsel representing the learned counsel for the petitioners. Also heard Mr. K Arjun Chowdary, learned Assistant Government Pleader. 2. The writ petition is filed, aggrieved by the endorsement dated 23.04.2018 issued by the respondent No.1, refusing to issue e-pattadar pass book to the petitioners in respect of the subject matter land. 3. The learned counsel representing the learned counsel for the petitioners made submissions inter alia to the effect that the respondent No.1 rejected the request of the petitioner for issuance of e-pattadar passbook, on the premise that I.A No.287 of 2017 in O.S No.17 of 2017 is pending on the file of the Court of the XV Additional District Judge, Nuzvid. But infact, the said I.A. was decided in favor of the petitioners, who filed the said suit and an injunction was granted on 31.01.2018 against the defendant therein, not to interfere with the possession of the petitioner’s plaint schedule properties. He further submits that the said suit is still pending. He submits that aggrieved the above order, the defendant filed C.M.A No.154 of 2018 and the erstwhile Common High Court for the State of Telangana and Andhra Pradesh, dismissed the same vide Order dated 14.08.2018. In view of the same, he would submit that the respondent No.1 is bound to issue pattadar passbook in favor of the petitioners. 4. On the other hand, the learned Assistant Government Pleader made submissions pointing out that the petitioners have not impleaded the defendant in O.S No.17 of 2017 as a respondent in the present writ petition. He also submits that in view of the pendency of the suit, the respondent No.1 issued the impugned proceedings and the same cannot be found fault with. 5. This Court has considered the submissions made. As seen from the material, it would appear that the orders in I.A No.287 of 2017 in the above NJS,J W.P No.16200 of 2018 4 referred suit were granted in favor of the petitioners. However, as rightly pointed by the learned Assistant Government Pleader, the defendant in the above said suit was not impleaded in the present writ petition and no order in his absence cannot be passed. 6. However, considering the submissions made by the learned counsel for the petitioners, this Writ Petition is disposed of, providing that the respondent No.1 shall take necessary steps for issuance of Pattadar Passbooks, however, by strictly following the procedure contemplated under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, without reference to the proceedings dated 23.04.2018. Needless to observe that, the respondent No.1 shall issue appropriate notices to the petitioners and also to the defendant in O.S No.17 of 2017 before passing appropriate orders. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:18.11.2025 Ksj