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2025 DAILYLAW 41450 (AP)

PARIMI SHANMUK SRISAI v. THE STATE OF ANDHRA PRADESH

WP/24267/2025 · 2025-11-19

D Ramesh

body2025

Judgment text

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APHC010476372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 24267 OF 2025 Between: 1. PARIMI SHANMUK SRISAI, S/o. Srinivasarao, Aged 27 years,R/o. D.No. 9.31, ChallavarigudemVillage Jangareddygudem Mandal, Eluru District. 2. Parimi Hardik Sriram,, S/o. Srinivasarao, Aged 23years,R/o. D.No. 9.31, Challavarigudem Village, Jangareddygudem Mandal, Eluru District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Eluru District, At Eluru. 3. Revenue Divisional Officer, Jangareddygudem, Eluru District. 4. Tahsildar, Jangareddygudem Mandal Eluru District. 5. Kovluri Veeraraju, S/o. Venkanna, Aged about not known, R/o. Challavarigudem Village Jangareddygudem Mandal, Eluru District. 2 W.P.No.24267 of 2025 ...Respondents Counsel for the Petitioners: PATHURI SRINIVAS Counsel for the Respondents: GP FOR REVENUE 3 W.P.No.24267 of 2025 The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of 4th Respondent in insisting us to vacate from the agricultural lands of Ac. 2.37 cents in Survey Number 76/2 situated in Taduvai Village in Jangareddygudem Mandal of Eluru District in pursuant to impugned Notice in Rc.No.424/2024(A), dated 28.07.2025, (Ex.P.1) without passing any orders on earlier VRO report (panchanama) dated 25.05.2025 (Ex.P.3), as illegal, irregular, irrational, without any authority of law and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioners' peaceful possession and enjoyment over their said lands and pass...” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioners has placed on record the service report. As directed by this Court, the learned counsel for the petitioners taken notice to the 5th respondent through RPAD and the same is returned stating that the party refused to receive. 4. Considering the same, this Court is of the opinion that the notice is deemed sufficient on the 5th respondent. 4 W.P.No.24267 of 2025 5. Based on the record, the learned counsel for the petitioners submitted that aggrieved by the notice issued by the 4th respondent dated 28.07.2025, the present writ petition is filed. The 4th respondent after receiving complaint of 5th respondent in PGRS issued the present notice. In fact, when there are disputes between the petitioners and the 5th respondent, based on a complaint, the Village Revenue Officer has conducted an enquiry and have made an Panchanama before the elders. According to the said Panchanama, the petitioners are in possession of the properties in R.S.No.76/2 of an extent of Ac.2.37 cents since more than 30 years. To circumvent the said Panchanama, the 5th respondent has made a complaint without any basis. When that being the situation, without verifying any records, the present notice has been issued. The said notice is at the influence of the 5th respondent. 6. Referring to the said contentions, the learned Assistant Government Pleader for Revenue appearing on behalf of the official respondents based on the instructions dated 09.09.2025, furnished by the 4th respondent has submitted that as per the RSR of Taduvai Village, Sy.No.76/2 holds an extent of Ac.2.37 cents is recorded as Gayallu in name of Sri Shaik Nagur Meera Saheb and as per the assignment register of Taduvai Village the subject land is recorded by name of Sri Nagur Meera Saheb. Subsequently, as per the 22-A register, subject land is recorded with two sub-divisions viz., 5 W.P.No.24267 of 2025 R.S.No.72/2A to an extent of Ac.1.73 cents and R.S.No.72/2B to an extent of Ac.0.64 cents recorded by names of Sri Yalamarthi Padma Rao and Sri Dandamudi Madhava Rao respectively. In fact, said properties were acquired by Smt. Parimi Annapurna, W/o. Hanumantha Rao by way of a registered will dated 29.08.2023. Though the unofficial respondent has filed series of complaints, the said complaints were disposed of by giving appropriate endorsements. Again, based on the complaint made by the unofficial respondent on 12.05.2025, notice has been issued to verify the record instead of submitting the explanation by providing relevant records, the petitioners have approached this Court, the writ petition is not maintainable as the same is filed questioning the notice only. 7. In fact, the very proceedings were initiated at the influence of the 5th respondent and though the notice was issued, he has not chosen to receive the same. In the said circumstances, as the notice has been issued only based on the complaint of the 5th respondent and the 5th respondent has not chosen to appear before this Court, as he is not interested to decide the matter on merits. On perusal of Panchanama placed by the petitioners which is recorded by the V.R.O. before the elders clearly discloses that the petitioners are in possession of the said property since long time. 6 W.P.No.24267 of 2025 8. In the said circumstances, this Court is of the opinion that the petitioners are in continuous possession of the subject property. There shall be a direction to the respondents not to interfere, dispossess the petitioners from the subject property. As per the instructions, if the petitioners have violated any conditions of the Patta, it is at liberty to the respondent authorities to take appropriate steps as per the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. 9. Accordingly, the writ petition is disposed of. No order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ___________________________ JUSTICE D. RAMESH Date: 20.11.2025 NSM 7 W.P.No.24267 of 2025 128 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 24267 OF 2025 20.11.2025 NNSSM M