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2025 DAILYLAW 4193 (AP)

PENDELA SREELATHA v. THE STATE OF AP

WP/1573/2025 · 2025-02-24

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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<1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1573 OF 2025 Between: Pendela Sreelatha, W/o. late Satyanarayana, Aged 50 years, R/o. D.No. 16-7- nd street, Ramamurthy Nagar, Nellore, SPSR Nellore District. 130,2 ...PETITIONER AND 1. The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi Guntur District, Rep. by its Principal Secretary. 2. The District Collector, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Venkatachalam Mandal, SPSR Nellore District. ...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 a WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in deleting the names of the petitioner from the revenue records with respect to land of an extent Ac.0.40 cents in Sy.No.64, Kakuturu village, Venkatachalam Mandal, SPSR Nellore District without following the procedure contemplated under A.P.Rights in Land and Pattadar Passbooks Act, 1971 and Rules, 1989 as illegal, arbitrary, violation of Principles of Natural Justice and violation of Article 300-A of Constitution of India and consequently direct the respondents to restore the name of the petitioner in the revenue records with respect to land of an extent Ac.0.40 cents in Sy.No.64, Kakuturu village, Venkatachalam Mandal, SPSR Nellore District. y lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances st^t^ in the affidavit filed in support of the petition, the High Court may be ^eas6d to direct the respondents to restore the name of the petitioner in the ; revenue records with respect to land of an extent Ac.0.40 cents in Sy.No.64, ' Kakuturu village, Venkatachalam Mandal, SPSR Nellore District, during pendency of the Writ petition. Counsel for the Petitioner :SRI. M VEERENDRANATH representing SRI C SUBODH Counsel for the Respondent No’s. 1 to 4: SRI T SANJEEVA RAO, AGP FOR REVENUE •Y c 4. \ The Court made the following ORDER: 1 APHC010028452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1573/2025 Between: 1.PENDELA SREELATHA, W/0. LATE SATYANARAYANA, AGED 50 YEARS, R/0. D.NO. 16-7-130, 2ND STREET, RAMAMURTHY NAGAR, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND SECRETARIAT, REP. BY ITS 1.THE STATE OF AP, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, PRINCIPAL SECRETARY. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.C SUBODH Counsel for the Respondent(S): 1.GPFOR REVENUE 2 The Court made the following ORAL ORDER; Heard Sri M. Veerendranath, Ld. Counsel appearing on behalf of Sri C.Subodh, Ld. Counsel for the Writ Petitioner and Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader for Revenue. this Court had directed the learned Asst. On 07.02.2025 Pleader to obtain specific Written Instructions as regards the 2. Government dated 12.11.2024 submitted by the Writ status of the Representation Sri T. Sanjeeva Rao, Learned Asst. Government Pleader has Instructions dated 18.02.2025 furnished by the Petitioner. submitted the Written Venkatachalam along with the Enquiry Notice dated 18.02.2025. Tahsildar, Copies of it are supplied to the Learned Counsel for the Writ Petitioner and the same is taken on record. 3. Having regard to the fact that the Tahilsdar (Respondent No.4) has also issued an Enquiry Notice on appropriate to dispose of the present Writ Petition at the admission stage, without going into merit by directing the Tahilsdar (Respondent No.4) to complete the Enquiry and pass a Speaking Order in accordance with law within a period of six (06) weeks from today and communicate such copy of the Order to the Writ Petitioner forthwith. 18.02.2025, this Court deems it Needless to state that the Tahsildar (Respondent No.4) is statutorily obligated to adhere to the Principles of Natural Justice by providing opportunity to the Writ Petitioner herein, consider her submissions/objections and documents if any, before issuing the final proceeding. 5. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 4. 3 Interlocutory Applications, if any, stand closed in terms of this 6. order. SDI- K SRINIVASA RAJU ASSISTANT^ REGI^RAR //TRUE COPY// (y(^OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of AP, Secretariat, Velagapudi, Amaravathi Guntur District,. 2. The District Collector, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Venkatachalam Mandal, SPSR Nellore District. 5. One CC to SRI. C SUBODH, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies PRK 0 HIGH COURT DATED:24/02/2025 ORDER o, * 0 'f MAR 2^25 WP.No.1573 of 2025 fn& . Curreni aecvi5>n 5££spatc«^?^ DISPOSING OF THE W.P., WITHOUT COSTS