T.Karunakar Reddy, v. The State of Andhra Pradesh,
WP/9817/2025 · 2025-04-21
Venkateswarlu Nimmagadda
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44245 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44245 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
N IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9817 OF 2025 Between: T.Karunakar Reddy, S/o. T.Kannaiah Reddy, Aged 63 years, R/o. D.No.7-68 Sannidhi Street Nagalapuram, Nagalapuram Mandal, Tirupati District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat Velagapudi, Guntur District. The District Collector, Tirupati District, Tirupati. The Revenue Divisional Officer, Srikalahasthi, Tirupati District. The Tahsildar, Nagalapuram Mandal, Tirupati District. V.Janaki, W/o. Thanigaivelu, Aged 42 years Mahatma Nagar, Nagari Town, Nagari Mandal, Chittoor District. S.Pavani, S/o.S.Subramanyam, Aged 62 years, R/o.D.No.3-48, Bazar Street, Nagalapuram Village, Nagalapuram 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 be pleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of 4th respondent in unilaterally mutating the names of Respondent Nos.5 and 6 in the online revenue records and issuing Pattadar Passbooks and Title Deeds, with respect to the land of the petitioner admeasuring an extent of Ac. 0.0375 Cents in
1. 2. 3. 4. 5. R/o. D.NO.8-340/A,
6. may ! A ^ Sy.No.262/1A of Nagalapuram Village, Nagalapuram Mandal, Tirupati District, without issuing any notice to the petitioner, without following the procedure contemplated under Section 5 of the AP Rights in Land and Pattadar Passbooks Act, 1971 as illegal, arbitrary, violative of Principles of Natural Justice, Article 14, 21 and 300-A of the Constitution of India, consequently delete the names of Respondent Nos.5 and 6 and restore the name of petitioner in the revenue records with respect to the land of the petitioner admeasuring an extent of Ac. 0.0375 Cents in Sy.No.262/1A of Nagalapuram Village, Nagalapuram Mandal, Tirupati District. lA NO: 1 OF 2Q2fi 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 respondents herein not to consider the of the petitioner dt. 10.02.2025 for restoring the name of petitioner in the revenue records with respect to the land of the petitioner admeasuring extent of Ac.
0.0375 Cents in Sy.No.262/1A of Nagalapuram Village, Nagalapuram Mandal, Tirupati District, pending disposal of the above writ petition. representation an Counsel for the Petitioner: SRI V VINOD K REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 & 6: The Court made the following: ORDER
APHC010192122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9817/2025 Between: T.karunakar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.VVINOD K REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9817/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue any writ, or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of 4^^ respondent in unilaterally mutating the names of Respondent Nos. 5 and 6 in the online revenue records and issuing Pattadar Passbooks and Title Deeds with respect to the land of the petitioner admeasuring an extent of Ac.0.0375 Cents in Sy.No.262/1A of Nagalapuram Village, Nagalapuram Mandal, Tirupati District without issuing any notice to the petitioner, without following the procedure contemplated under Section 5 of the AP Rights in Land and Pattadar Passbooks Act, 1971 as illegal, arbitrary, violative of Principles of Natural Justice Articles 14, 21 and 300-A of the Constitution of India, consequently delete the names of Respondent Nos. 5 and 6 and restore the name of petitioner in the revenue records with respect to the land of the petitioner admeasuring an extent of Ac.0.0375 Cents in Sy.No.262/1A of Nagalapuram Village, Nagalapuram Mandal, Tirupati District and to pass such other order or orders. ’’
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 land admeasuring to an extent of Ac.0.0375 cents in Sy.No.262/1A situated at Nagalapuram Village, Nagalapuram Mandal, Tirupathi District having acquired the same by way of succession in the year,
1999. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property and petitioner’s name has been mutated/ recorded in the revenue records as pattadar of the
V SLJbject land. 'Mutated the issued respect of the following due ^dile thing names of s stood thus, respondent No. respondent No.4 5 in online and title deeds unilaterally it revenue records Pattadar pass books 'n her favour iin srJbject land procedure Andhra Pradesh Rights Aggrieved by the Without i'“ding any notice and without dnder Section 5 of the as contemplated 'n Land and Pattada \ r Pass Books Act submitted a
1971. same, the petitioner representation requesting them dated 10.02.2025 restore the to the respondent authorities petitioner in to the to name of the revenue records in the receipt of the respect of the subject property. Even after representation, the Challenging the said consider the mutating the records, without followin respondents did aot choose to same. action of the the revenue considering the petitioner, respondents in name of respondent No.5 into process of law fO.02.2025 due 9 and not submitted by ^presentation dated petitioner herein the the preferred the present writ petition. On the other band, learned Government P/eade 5(4) of the Pass Books Act, prefer an Appeal before action of r for the respondents submits that as per Section 'a Land and Pattadar ^ddhra Pradesh Rights (Act No. 26 of 197ij Revenue amended 1971 ^be petitioner shall the Divisional Officer challenging the No.4. respondent
/
5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of Section 5(4) of the Act 26 of 1971, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to prefer an Appeal before the respondent No.3, within a period of three (3) weeks from the date of receipt of copy of this Order. On receipt of the same, the respondent No.3 is
directed to consider and dispose of the said Appeal in accordance with law, after providing opportunity of hearing to all the parties concerned, within a period of three (3) months thereafter. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned in respect of the possession of the subject property.
6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- M SRINIVAS assistant registrar SECfieH^FFtCER To
1. The Principal Secretary, Revenue Department, A.P. Secretariat Velagapudi, Guntur District.
2. The District Collector, Tirupati District, Tirupati.
3. The Revenue Divisional Officer, Srikalahasthi, Tirupati District.
4. The Tahsildar, Nagalapuram Mandal, Tirupati District.
5. One CC to Sri V Vinod K Reddy Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies TF
/ HIGH COURT DATED:22/04/2025
ORDER WP.No.9817 of 2025 '■ S 2 9 MAY 2025 DISPOSING OF THE W.P., WITHOUT COSTS