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2025 DAILYLAW 44230 (AP)

MACHERLA KOTESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/10215/2025 · 2025-04-22

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10215 OF 2025 Between: Macherla Koteswara Rao, S/o Koteswara Rao, aged 54 years, Occ. Employee, R/o D. No. 15-3-50, 18th Ward, Macherla, Palanad District. Macherla Chandraiah, S/o Rosaiah, aged 50 years, Occ. Employee, R/o D. No. 12-1-55, 18th Ward, Macherla, Palanad District 1. 2. ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi, Guntur District. The District Collector, Palnadu District, Narasaraopet. The Revenue Divisional Officer, Narasaraopet, Palnadu District.. The Tahsildar, Macherla (U) Mandal, Palnad District. Jallela Yedukondalu, S/o Peda Yellaiah, aged 50 years, R/o Macherla Town, Palanadu District. 1. 2. 3. 4. 5. ...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 Order or direction, declaring the action of the fourth respondent in altering the entries of names of Pattadar in Revenue records in respect of Ac.0.59 Cts in Sy.No. 1349-2/4 and Ac.0.79 Cts in 1349-2/5 of Macherla village (U), Macherla Mandal, Palnadu District, as illegal, arbitrary and in violation of the Principles of natural justice and issue consequential direction to the respondents to restore the name of Macherla Kotiah in respect of the above said lands. 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 suspend the mutation of the names of Pattadars in Revenue records in respect of Ac.0.59 Cts in Sy.No. 1349-2/4 and Ac.0.79 Cts in 1349-2/5 of Macherla village (U), Macherla Mandal, Palnadu District pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI D KRISHNA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: — The Court made the following: ORDER APHC010199252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10215/2025 Between: ...PETITIONER(S) Macherla Koteswara Rao and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.D KRISHNA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the fourth respondent in altering the entries of names of Pattadar in Revenue records in respect of Ac.0.59 Cts in Sy.No.13492/4 and Ac.0.79 Cts in 13492/5 of Macherla village U Macherla Mandal Palnadu District as illegal arbitrary and in violation of the Principles of natural justice and issue consequential direction to the respondents to of Macherla Kotiah in respect of the above said restore the name lands and to pass such other order or orders. \5 The case of the petitioners is that the petitioner’s grandfather was 1979, admeasuring to an extent of Ac. 0.59 2. assigned a DKT patta in the year cents in Sy.No. 1349-2/4 and Ac. 0.79 cents in Sy. No. 1349-2/5, situated in Palnadu District. Thereafter, the Macherla Village, Macherla Mandal the legal heirs and successors to the said property, have petitioners, being been in continuous possession and enjoyment of the same. However, to the of third parties were mutated in the surprise of the petitioners, the names records concerning the subject property. revenue learned counsel for the petitioners submits that the petitioners have 3. The not sold the subject property to any third party. Without issuing any notice to authorities have altered the entries in the the petitioners, the respondent revenue records. Aggrieved by this action, the petitioners submitted a 06.02.2025, requesting restoration of representation to the 2nd respondent on their names in the revenue records in respect of the subject property. Even said representation, the 2nd respondent, i.e., the District considered the representation nor issued any proceedings. after receipt of the Collector, neither Hence, the present writ petition. hand, the learned Government Pleader for Revenue, inq for the respondents, furnished written instructions dated 22.04.2025 On the other 4. appearing issued by the 4th respondent, wherein it is stated as follows;- Subsequently Rc.No. 140/2021-DT, dated 31.05.2022 and 21.10.2022 has requested Sub-Registrar, Macherla for cancellation of document No.75/2010, 4217/2010, 179/2011 and 4794/2011 of Sub registrar, Macherla. While the matter stood thus, the petitioners have approached theHon’ble Court and filed the present writ petition to alter the entries of names of pattadar in records in respect of Ac.0.59 cents in Sy.No. 1349/2-4 and Ac. 0.79 cents in Sy.No. 1349/2-5 of Macherla Town. the Tahsildar, Macherla vide revenue In this regard, I submit that the sub-registrar, macherla in letter No.Nil/2025, dated 21.04.2025 certified that the document No.75/2010, 179/2011 and 4794/2011 are registered in sub registrar office, Macherla and same documents were indexed in post registration events on 21.10.2022 with note of cancellation vide proceedings Rc.No.783/2021-C, dated 17.11.2021 of Revenue Divisional Officer, Gurazala and Rc.No.140/2021-DT, dated 21.10.2022 macherla Tahsildar. The Sub-Registrar, Macherla also stated that the above sale deeds were cancelled in post registration events on 21.10.2022. In view of the above, I submit that the irregular transactions 75/2010, 4217/2010, 179/2011 and 4794/2011 stated above were already cancelled by the sub-registrar, macherla on 21.10.2022. As regards the change ofwebland and other revenue records in respect of Ac.0.59 cents in Sy.No. 1349/2-4 and Ac.0.79 cents in Sy.No.1349/2-5 necessary subsequent action will be taken by following due process of law. The learned Assistant Government Pleader further submits that, in view 5. of the cancellation of the sale deed certificates executed by the third parties the respondent authorities will take further steps by following due process of law and will duly consider the claim of the petitioners. 6. Heard the learned counsel for the petitioners Government Pleader for Revenue and the learned Assistant appearing for the respondents. Having regard to the submissions made by the petitioners and the learned Assistant Government appearing for the respondents, and record, this Court is of the considered vi be disposed of by directing the following due process of law, and consider p1-4 7. learned counsel for the Pleader for Revenue upon perusal of the material available view that the present writ petition on can respondents to expedite the enquiry by the representation of the petitioner dated and to restore the 06.02.2025 within a reasonable time as pattadars and possessors in m accordance with law, the date of receipt of a copy of this names of the petitioners respect of the subject land, as per their entitlement i within a period of three (03) months from order. 8. With the above said direction, shall be no order as to costs. the Writ Petition is disposed of. There Consequently, Miscellaneous petition shall stand closed. Petitions, if any, pending in the writ Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER Department, Velagapudi, Amaravathi 2. The District CCec,or, Painadu District, Narasaraopet . h-Revenue Divisionai Officer, Narasaraopet, Painadu - The Tahsiidar, Macherla (U) Mandai, Palnad District ■ One CC to Sri D Krishna Murthy Advocate [OPUCl 6. Two CCS to GP for Revenue, High Court of Andhra Pradesh 7. Three CD Copies District.. [OUT] TF HIGH COURT DATED;23/04/2025 ORDER WP.No.10215 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS