Extracted from the PDF above. The PDF is authoritative.
APHC010300582020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 19942/2020 Between:
1. PALASANI NAGAPPA, S/O. PEDDA ANJAIAH, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, RESIDING AT B.C.COLONY, GONDERLA, PATHA KOTHA CHERUVU, GUNTAKAL MANDAL, ANANTAPURAMU DISTRICT. 2. MACHERLA CHINALINGAMAIAH,, S/O. MACHERLA SUNKANNA, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, RESIDING AT B.C.COLONY, GONDERLA, PATHA KOTHA CHERUVU, GUNTAKAL MANDAL, ANANTAPURAMU DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPURAMU, ANANTAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPURAMU, ANANTAPURAMU DISTRICT. 4. THE TAHSILDAR, GUNTAKAL, GUNTAKAL MANDAL, ANANTAPURAMU DISTRICT
5. THE SUBREGISTRAR, GOOTY, ANANTAPURAMU DISTRICT. ...RESPONDENT(S):
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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 topleased to issue an appropriate writ or order more particularly one in nature of writ of MANDAMUS declaring the action of the respondent Nos.3 to 4 in inserting the survey No.552 in the prohibited list showing the same as dotted land without considering their flow of title as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent Nos.
2 to 4 to delete the survey No.552 of Patha Kotha Cheruvu Village, Guntakal Mandal, Anantapuramu District from the prohibited list and direct the 5th respondent to entertain the documents for registration in respect to the survey No.552 of Patha Kotha Cheruvu Village, Guntakal Mandal, Anantapuramu District and pass IA NO: 1 OF 2020 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 pleased to direct the 5th respondent Sub-Registrar, Gooty to entertain the documents for registration in respect to the land admeasuring Ac.11.00 cents in survey No. 552 of Patha Kotha Cheruvu Village, Guntakal Mandal, Anantapuramu District, held by the petitioners, pending disposal of the above writ petition and pass IA 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 pleased to grant leave to the Petitioner herein/ Respondent No. 2 in the Writ Petition No. 19942 of 2020 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S):
1. SESHADRI GOALLA Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR REGISTRATION AND STAMPS (AP)
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The Court made the following Order:
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.3 to 4 in inserting the survey No.552 in the prohibited list showing the same as dotted land without considering the flow of title of the petitioners. 3. The learned counsel for the petitioners submits that the online application made by the petitioners dated 29.09.2020 was not considered. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 2nd respondent submits that the petitioners have not filed documents showing the subject lands classified as dotted lands. The subject Sy.No.552 in an extent of 11.00 acres Pathakothacheruvu Village, Guntakal Mandal, Ananthapuramu District is not a dotted land. As per the RSR register the subject land is shown as Mohram Festival Celebration.
The Form-III applications filed by the petitioners through Meeseva for updation of their names in RSR of Pathakothacheruvu village have been enquired by the then Revenue Divisional Officer, Ananthapuramu and Tahsildar, Guntakal and reported that the land in Sy.No.552 in an extent of 11.00 acres is classified as Moharam Panduga Jarupu Nimitham as per RSR of the
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said village. The petitioners are not having supportive documentary proof except their registered documents. 5. Basing upon the reports of the Tahsildar, Guntakal dated 28.12.2020 and the Revenue Divisional Officer, Ananthapuramu dated 29.12.2020 the above said claims of the petitioners were rejected by the 2nd respondent vide proceedings dated 07.01.2021 for the reasons shown in the column No.7 as detailed below. Sl. No. Name of the applicant and father name Name of the village Application number and date Sy. No. Extent in Acres Reasons for rejection 1 2 3 4 5 6 7 1
Sri Mancherla Chinna Lingamaiah S/o M.Sunkanna Patha Kotha Cheruvu (V) Guntakal (M)
Pathakotha Cheruvu APDLO12000 187712 dated 29.09.2020 552 6.00 1) The subject land claimed by the applicants is not a dotted land and there are no dotted lands in Guntakal Mandal. 2) As per RSR (Diglot), the land in Sy.No.552 Extent of Ac.15.30 cents is classified as Inam Dry and noted in remarks column as
“Moharam Panduga Jarupu Nimitham”. 3) And the subject land is noted in Waqf Board Vijayawada property list vide Gazette No.1232. 2 Sri Palasani Nagappa S/o Pedda Anjinaiah Patha Kotha Cheruvu (V) Guntakal (M) Pathakotha Cheruvu APDLO12000 187745 dated 29.09.2020 552 5.00
6. The subject land in Sy.No.552 to an extent of Ac.15.30 cents is classified as Inam Dry and noted as Moharam Panduga Jarupu Nimitham and as such it was entered in Annexure-iii as per Section 22A list. 5
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In view of the above said facts and circumstances, as per the reasons assigned in column No.7 of the above said table, the petitioners are permitted to work out their remedies in accordance with law by availing alternative remedies as the factual disputes cannot be gone into in this writ petition. 8. Accordingly, the 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 18.11.2025 NNN