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High Court of Andhra Pradesh · body

2025 DAILYLAW 43573 (AP)

Palla Narasimha Murthy v. State of Andhra Pradesh,

WP/28870/2025 · 2025-10-16

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010558402025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N Between: 1. PALLA NARASIMHA MURTHY, S/O. RAMUNAIDU, AGED 43 YEARS, OCC CULTIVATION, R/O. BALAJI NAGAR, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 2. VELAGA SESHACHALAM,, S/O. BABURAO, AGED 40 YEARS, OCC CULTIVATION, R/O. CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 3. NALAM RADHA,, W/O. NARASIMHA MURTHY, AGED 35 YEARS, OCC CULTIVATION, R/O. BHAMIDIPATI STREET, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 4. KOLLURU VENKATA RAMYA,, AGED 33 YEARS, OCC CULTIVATION, R/O. CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 5. CHOKKAKULA KRISHNA SATYA JAGADAMBA,, W/O. GV GANESWARA RAO, AGED 49 YEARS, OCC CULTIVATION, R/O. KOTA VEEDHI, CHODAVARAM VILLAGE AND ANAKAPALLI DISTRICT. 6. GUNURU KRISHNAVENI,, W/O. ATCHUTHA RAO, AGED 56 YEARS, OCC CULTIVATION, R/O. VELAMA VEEDHI, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 28870/2025 PALLA NARASIMHA MURTHY, S/O. RAMUNAIDU, AGED 43 YEARS, OCC CULTIVATION, R/O. BALAJI NAGAR, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI VELAGA SESHACHALAM,, S/O. BABURAO, AGED 40 YEARS, OCC CULTIVATION, R/O. CO-OPERATIVE COLONY, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI NALAM RADHA,, W/O. NARASIMHA MURTHY, AGED 35 YEARS, OCC CULTIVATION, R/O. BHAMIDIPATI STREET, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI KOLLURU VENKATA RAMYA,, W/O. SATYA ESWARA KUMAR, AGED 33 YEARS, OCC CULTIVATION, R/O. CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. CHOKKAKULA KRISHNA SATYA JAGADAMBA,, W/O. GV GANESWARA RAO, AGED 49 YEARS, OCC CULTIVATION, R/O. KOTA VEEDHI, CHODAVARAM VILLAGE AND ANAKAPALLI DISTRICT. GUNURU KRISHNAVENI,, W/O. ATCHUTHA RAO, AGED 56 YEARS, OCC CULTIVATION, R/O. VELAMA VEEDHI, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE SEVENTEENTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO PALLA NARASIMHA MURTHY, S/O. RAMUNAIDU, AGED 43 YEARS, OCC CULTIVATION, R/O. BALAJI NAGAR, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI VELAGA SESHACHALAM,, S/O. BABURAO, AGED 40 YEARS, OPERATIVE COLONY, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI NALAM RADHA,, W/O. NARASIMHA MURTHY, AGED 35 YEARS, OCC CULTIVATION, R/O. BHAMIDIPATI STREET, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI W/O. SATYA ESWARA KUMAR, AGED 33 YEARS, OCC CULTIVATION, R/O. CHODAVARAM CHOKKAKULA KRISHNA SATYA JAGADAMBA,, W/O. GV GANESWARA RAO, AGED 49 YEARS, OCC CULTIVATION, R/O. KOTA VEEDHI, CHODAVARAM VILLAGE AND MANDAL, GUNURU KRISHNAVENI,, W/O. ATCHUTHA RAO, AGED 56 YEARS, OCC CULTIVATION, R/O. VELAMA VEEDHI, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI 2 DISTRICT. 7. GUNURU ATCHUTHA RAO,, S/O. LATE VENKATA RAMANA, AGED 61 YEARS, OCC CULTIVATION, R/O. VELAMA VEEDHI, CHODAVARAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT AT ANAKAPALLI. 3. THE JOINT COLLECTOR, ANAKAPALLI DISTRICT AT ANAKAPALLI. 4. THE DISTRICT REVENUE OFFICER, ANAKAPALLI DISTRICT AT ANAKAPALLI. 5. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM REVENUE DIVISION, ANAKAPALLI DISTRICT. 6. THE TAHSILDAR, V. MADUGULA MANDAL ANAKAPALLI DISTRICT. 7. VANJUVANJULA ESWARA RAO, S/O. LATE. LINGAMADORA AGED 58 YEARS, R/O. D.NO.3-165, LOVA GAVARAVARAM VILLAGE, V. MADUGULA MANDAL, ANAKAPALLI DISTRICT. 8. VANJUVANJULA GOSANNA DORA, S/O. LATE. LINGAMADORA, AGED 46 YEARS, R/O. D.NO.28-21-29, BUCHIRAJUPALEM, VISAKHAPATNAM DISTRICT. 9. SMT SAMALA CHINATHALLI, W/O. DEMUDU, AGED 68 YEARS, R/O. LOVA GAVARAVARAM VILLAGE V.MADUGULA MANDAL, ANAKAPALLI DISTRICT. 3 10. SMT KIMUDU JOGAMMA, W/O. RAJU BABU, AGED 58 YEARS, R/O. LOVA GAVARAVARAM VILLAGE, V. MADUGULA MANDAL, ANAKAPALLI DISTRICT. 11. SMT UGGINA VARAHALAMMA, W/O. POTHURAJU, AGE 44 YEARS, R/O. LOVA GAVARAVARAM VILLAGE V.MADUGULA MANDAL, ANAKAPALLI DISTRICT. 12. SMT DEPARI RAJESWARI, W/O. SAIRAM AGED 42 YEARS, R/O. D.NO.65-6-52/1 GANAPATHI NAGAR, GAJUWAKA, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 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, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly 5th Respondent in not numbering the statutory Appeals, dated 05.08.2025 and not deciding respective Stay Applications, dated 26.09.2025 filed by the Petitioners against the Order passed by the 6th Respondent in Rc.No. 171/2023/A, dated 23.09.2024 and further action of 6th Respondent in proposing the mutate the name of Respondent No's 7 to 12 in all web land records in respect with Petitioners agriculture lands totaling Ac. 78.86 Cents (out of Ac.92.00 Cents) covered by Sy. No. 168 (Old Sy. No. 91) of Lova Gavaravaram Village of Madugula Mandal, Anakapalli District as illegal, irregular, irrational and against principles of natural justice, violative of provision of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 5th Respondent to decide said stay applications filed by the Petitioners in said statutory Appeals restraining the 6th Respondent from mutating the names of Respondent No's 7 to 12 in record of rights connected to Petitioners said landed properties. Counsel for the Petitioner(S): 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: …to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly 5th Respondent in not numbering the statutory Appeals, dated 05.08.2025 and not deciding respective Stay Applications, dated 26.09.2025 filed by the Petitioners against the Order passed by the 6th Respondent in Rc.No.171/2023/A, dated 23.09.2024 and further action of 6th Respondent in proposing the mutate the name of Respondent Nos.7 to 12 in all web land records in respect with Petitioners’ agriculture lands totaling Ac. 78.86 Cents (out of Ac.92.00 Cents) covered by Sy.No.168 (Old Sy.No.91) of Lova Gavaravaram Village of Madugula Mandal, Anakapalli District, as illegal, irregular, irrational and against principles of natural justice, violative of provision of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 5th Respondent to decide said stay applications filed by the Petitioners in said statutory Appeals restraining the 6th Respondent from mutating the names of Respondent Nos.7 to 12 in record of rights connected to Petitioners’ said landed properties and pass such other order or orders….. 5 2. Learned counsel for the petitioners would submit that the 6th respondent passed order in RC No.171/2023/A, dated 24.05.2023 allowing the appeal for mutation of the names of the unofficial respondents in the revenue records, without issuing any notice. Against the said order, the petitioners herein filed statutory appeals and stay petitions before the 5th respondent, under Section 5, within the limitation of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Not numbering the appeal by the 5th respondent, the appeal becomes illusory, and the appellate authority is bound to decide appeals in accordance with law as expeditiously as possible. The delay in numbering and deciding the appeal fall in violation of Article 14 of the Constitution of India and the property is recognized under Article 300A of the Constitution of India. The failure of adjudication of stay and statutory appeals amounts to violation of principles of natural justice. Hence, prayed to direct the respondent authorities to number and decide the statutory appeals including stay petitions in accordance with law. 3. Learned Assistant Government Pleader does not refute the said submission. 4. Ergo, this Court directs the 5th respondent-appellate authority to make an endeavor, or to put to an end, by making all the efforts, in deciding the interlocutory application in the appeals with due diligence within a reasonable time, on merits and as per law, after hearing all the 6 parties to the dispute, as expeditiously as possible and in any case, not beyond three (03) weeks from date of receipt of a copy this order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.10.2025 Harin 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 28870 OF 2025 Date: 17.10.2025 Harin