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2025 DAILYLAW 44239 (AP)

ERLA SRINIVASULU v. THE STATE OF ANDHRA PRADESH

WP/9184/2025 · 2025-04-09

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) . THURSDAY. THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT ^ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9184 OF 2025 Between: Erla Srinivasulu, S/o late Pondaiah, Aged about 40 years, R/o M.M. Vada, Srikalahasthi Mandal, Tirupati District. ...Petitioner AND The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Tirupati District. 3. The Revenue Divisional Officer, Kalahasthi Division, Tirupati District. 4. The Mandal Tahasildar, KalahasthiMandal, Tirupati District. 5. T.Vineeth Kumar Reddy, S/o Surendra Kumar Reddy and Grandson of Tirumala Jayachandra Reddy age not known to petitioner, R/o Padamara Vathuru Village Post, B.N.Kandriga Mandal, Tirupati 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4 respondent in issuing the proceedings vide No. D.Dis.Roc/112/202 4 Dt18.01.2025 in respect of the Petitioner land of an extent of Ac.0.67 cts in Sy.No. 180/6 situated at Srikalahasthi Revenue village and Mandal, Tirupati district as illegal, arbitrary, violative of articles 14, 21, 300-A of Constitution of India and contrary to the provisions of A.P.Rights in Land and Pattadar Pass Books Act, 1971, Transfer of Property Act 1882, Registration Act 1908, Record Of Rights Act 1989 and the Rules made thereunder apart 1. th , from violative of principles of natural justice and consequently set aside the same. 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 grant stay of the proceedings issued by the 4*^ respondent vide No. D.Dis.Roc/112/2024 Dt: 18.01.2025 pertains to the Petitioner land of an extent of Ac.0.67 cts in Sy.No. 180/6 situated at Srikalahasthi Revenue village and Mandal, Tirupati district, pending disposal of the writ petition. Counsel for the Petitioner: SRI VALLEPU JAGADEESH Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010164042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] t THURSDAY.THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9184/2025 Between: Erla Srinivasulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VALLEPU JAGADEESH Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 v' THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9184/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- ‘‘to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in issuing the proceedings vide D.Dis. Roc/112/2024, dated 18.01.2025 in respect of the petitioner’s land to an extent of Ac. 0.67 cts in Sy.No. 180/6 situated at Srikalahasthi Revenue village and Mandal, Tirupati district as illegal, arbitrary, violative of Articles 14, 21, 300-A of Constitution of India and contrary to the provisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971, Transfer of Property Act, 1882, Registration Act, 1908, Record of Rights Act, 1989 and the Rules made thereunder apart from violative of principles of natural justice and consequently set aside the same and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the agricultural land admeasuring to an extent of Ac.0.67 cents in Sy.No. 180/6 at Srikalahasthi Revenue Village and Mandal, having acquired the same from his ancestors. The name of the petitioner was also th mutated in the revenue records. While things stood thus, the 4 respondent issued the impugned proceedings dated 18.01.2025 restoring the name of Sri T.Vineeth Kumar Reddy as owner of the subject land. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for the respondents submits that as per Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act No. 26 of 1971), the petitioner shall prefer an appeal before the Revenue Divisional Officer against the respondent/Tahsildar. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader the respondents and on perusal of Section 5(4) of Act 26 of 1971, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to prefer an appeal before the S'"' respondent, within a period of three(3) weeks from the date of receipt of copy of this Order. On receipt of the same, the 3^^ respondent is directed to consider and dispose of the said appeal in accordance with law, within a period of three(3) months thereafter. Till then obtaining as on today shall be concerned. orders passed by the 4 for status-quo maintained by aii the parties 6. With the above direction, the Writ Petition is disposed of. There shail be no order as to costs. As a sequei misceiianeous application, pending, if any, shail also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, . _ ^ . SECTION OFFICER Pra1desrslLlf'aril7l7u'ilHSn®'’v ,°®P®rtment, State of Andhra raoesn, becretariat Buildings, Velagapudi, Guntur District. » 2. The District Collector,-Tirupati District. 3. The Revenue Divisional Officer, Kalahasthi Division, Tirupati District. 4. The Mandal Tahasildar, KalahasthiMandal, Tirupati District. 5. One CC to Sri Vallepu Jagadeesh, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:10/04/2025 ORDER * 0 9 MAY 20?5 Current Section ^ WP.No.9184 of 2025 a .69* \ DISPOSING OF THE WP WITHOUT COSTS