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2025 DAILYLAW 44050 (AP)

CHADALAWADA SRINIVASA RAO v. The State of Andhra Pradesh

WP/10920/2025 · 2025-04-27

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH;: (Special Original Jurisdiction) ■AMARAVATI MONDAY. THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 10920 OF 7C)?R NIMMAGADDA Between: 1. Chadalawada Srinivasa Rap,_S/o Chadalawada Ramachandra Aged about 48 years, Ocg. Agriculture, T Thota, 2nd Lane, Kothapet, Guntur Town, 2. Neelisetty Narayanamma, Pedda Veera years, Occ. House Wife, R/o 1-1-210, Mandal, SPSR Nellore District. 3. Kaki Syamala, W/o Kaki Tirupataiah, Wife, r/o Siddavarapu VeSSilupalem Nellore District. Rao, R/o H.No.13-2-95, Gunturi Vari Guntur District. Ragavaiah, Aged about 80 Main Road, Kovur Village and Aged about 45 years, Occ. House I Village, Bogole Mandal, SPSR ...Petitioners ■AND 1. The State of Andhra Prdifesh, Rep. by its Principal Secretary Department of Revenue, AP/Secretariat. Valagapudi, Guntur District. 2. The Drstrict Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Offi(^ Kavali, SPSR Nellore District. 4. The Tahsildar, Bogole Manddi,' §PSR Nellore 5. D. Jaya Prakash District. S/o Not Known to the Tahsildar, R/o Beside Vehkateswara petitioner, Occ. Retired Swamy Temple, Kacharemitta, Kavali, SPSR Nellore District. 4 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature, of Writ of Mandamus, declaring the action of the 4th respondent issued Impugned Spl.Reg.No.04/2024, dated 08.01.2025 for not issuing pattadar pass books and title deed an extent of Ac5-83 cents of 1st petitioner Endorsement vide an extent of Ac.4- 00 cents of 2nd petitioner and an extent of Ac1-00 cents to 3rd petitioner total an extent of Ad 0-83 cents in Sy.No.181 of S.V. Palem, Bogole Mandal, SPSR Nellore District is illegal, arbitrary and violation of Principal Natural Justice and violation of Article 14, 21 and 300 A of Constitution of of India and consequently this Hon'ble Court to set aside the dated 08.01.2025 issued by the 4th'respondent endorsement lA 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 to direct the respondent Nos.3 and 4 to mutation the petitioner names in the revenue records i d., Adangals, IB and ROR records of the petitioners land an extent of Ad0-83 cents in Sy.No.181 of S.V.Palem Bogole Mandal, SPSR Nellore District pending disposal of the main writ petition lA NO: 2 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 to direct the 2nd respondent to take necessary disciplinary action against the 5th respondenf due to reason that tampering the revenue records in his tenure of Bogole Mandal, SPSR Nellore District in accordance With law, pending disposal of the main writ petition Counsel for the Petitioners: SRI P V VENKATA RAVI SANKAR Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: None The Court made the following: Order *L 1 ■ THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.10920 of 2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “..to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4*'^ respondent issued impugned endorsement vide Spl.Reg.No.04/2024, dated 08.01.2025 for not issuing pattadar pass books and title deed an extent of Ac.5.83 cents of 1 petitioner, an extent of Ac.4.00 cents of 2"'' petitioner and an extent of Ac. 1.00 cents to 3’’'' petitioner total an extent of Ac. 10.83 cents in Sy.No.181 of S.V. Palem, Bogole Mandal, SPSR Nellore District as illegal, arbitrary and violation of principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently this Hon’ble Court to set aside the endorsement dated 08.01.2025 issued by the 4 respondent and pass...” St th Learned counsel for the Petitioners submits that the petitioners are the bona-fide purchasers of land to an extent of Ac.5.83 cents of land for 1®^ pettioner, an extent of Ac.4.00 cents of land for 2"^^ petitoner and an extent of Ac. 1.00 cents for the 3'^ petitioner totaling to an extent of Ac.10.83 cents in Sy.No.181 of S.V. Palem, Bogole Mandal, SPSR 2. 2 Nellore District with a valid sale consideration. After the purchase of the subject lands the petitioners have been in possession and enjoyment of the same. He further submits that the name of the Petitioners’ vendor same is reflected till today, respondent without intimation petitioner’s vendor and without following due process of law, mutated in favour of one person namely P. Uma, W/o P. Bala Krishna Reddy and her was mutated in the revenue records and While things stood thus, the 5"" without issuing any prior notice to 3. or name was reflected in enjoyment Column of Adangal/Phani of S.V. Palem Village, Bogole Mandal, SPSR Nellore District which is illegal, arbitrary and violation of Law as per Secfion 5(3) of A.P Rights and Pattadar Pass 1971. Then petitioners submitted 6A application to the A'" Book Act, respondent in the year 2019-2020 for mutation of their names into the revenue records basing upon their acquisition, but the A'" respondent so far did not take any action against petitioners’ 6A application. Again the Petitioners submitted another application vide MUT 230420061513, dated 20.04.2023 for mutation of petitioners’ names in the revenue records, but the 4“^ respondent did not take into consideration endorsement Spl.Reg.No.04/2024, dated 08.01.2025. Hence the writ petition. petitioners’ representation and issued impugned vide 3 3. Heard learned counsel for the Petitioners and learned Government Pleader for Revenue and perused the material placed on record. 4. For the reasons submitted by both the counsel, this Court is of the considered view that this Writ Petition can be disposed of by setting aside the Endorsement vide Spl.Reg.No.04/2024, dated 08.01.2025 issued by the 4*^ respondent and respondents are directed to consider the application vide MUT 230420061513, dated 20.04.2023 Petitioners and after affording of the opportunity of hearing to all the concerned parties, pass an appropriate orders in accordance with governing law and rules within three (3) months from the date of receipt of a copy of this order. an 5. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand SD/- N.NAGAMMA ASSISTAN^EGISTRAR SECT^oftJmCER closed. //TRUE COPY// To. 1. The Principal Secretary, State of Andhra Pradesh, Department Revenue, AP Secretariat, Valagapudi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Bogole Mandal, SPSR Nellore District. 5. One CC to SRI P V VENKATA RAVI SANKAR, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies of gsg HIGH COURT \ DATED: 28/04/2025 ORDER WP.No.10920 of 2025 O O rri: %^ITCHEO ^ DISPOSING THE WP WITHOUT COSTS