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2025 DAILYLAW 44925 (AP)

VEMULAPATI SESHU PRIYA v. THE STATE OF AP

WA/883/2024 · 2025-04-20

K Manmadha Rao, R Raghunandan Rao

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I" IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI 1 MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K. MANMADHA RAO WRIT APPEAL Nos: 882 AND 883 OF 2024 WRIT APPEAL NO: 882 OF 2024 Writ Appeal under clause 15 of the Letters Patent preferred against the Common order dt.21.06.2023 in W.P. No.1090/2020 and W.P. No. 18164/2020 on the file of the High Court. Between; Smt. Vernulapati Seshu Priya, W/o V. Venu Gopala Krishna, Hindu, Aged about 41 years, Door No.1-57-1, Chinna Padugupadu, Kovour (M), Nellore District, A.P. AND 1 he State of A. P. Rep. by its Principal Secretary Revenue Department, Secretariat Velagapudi at Amaravathi. 1 he District Collector, Chittoor District, now Tirupati District. The Joint Collector, Chittoor District, now Tirupati District, The Sub Collector /The Revenue Divisional Officer, Sulluru Peta, now Tirupati District. The Mandal Tahsildar, Varadaiahapalem Mandal, Chittoor District, now Tirupati District. The Sub-Registrar, Satyavedu, $atyavedu Mandal, Chittoor District, now Tirupati District. 7. The Nellore Urban Development Authority, Rep. by its Vice Chairman, D.No.26-1-891, Near Shiridi Sai Temple, B.V. Nagar, Mini Bypass Road, Nellore, SPSR Neliore.-District ...Appellant/Petitioner 1. 2. 3. 4. 5. 6. The S.H.O, SRI CITY Police Station Varadaiahpalem Mandal, Chittoor District, now Tirupati District M.Krishna Murthy, S/o. Govinda Reddy Chilamauttur village and Post Varadayapalem Mandal Chittor District now Tirupati District 10. M.Sreenivasula Reddy, S/o. Govinda Reddy Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District, now Tirupati District. 11. L. Krupakaran, S/o. M.Subramayanam Reddy Residing at Ramireddypalem village, Meenjuru Post, Penned Taluk. Tiruvailuru District, Tamilnandu. 12. P.Chandra Sekhar, S/o. Radha Krishna Reddy Tada Kandriga Village, Tada Mandal & Post Tirupati District, Andhra Pradesh. 13. Malla Mastan, S/o. Subba Naidu, Venus Medical Shop Near Sriharikota Bustand Sullurupeta Mandal, Tirupati District. 14. Y. Subramanayam, Chillamattur Village and Post, VaradaiahPalem Mandal Chittoor District now Tirupati District. 15. Yella Jaya Ramaiah (Ppstal), S/o. Nagaiah Chillamattur Village and Post, Varadaiahpalem Mandal Chittoor District now Tirupati District. 16. Raja Rao, S/o Polaiah, Chilamauttur Village and Post, Varadaiahpalem Mandal, Chittoor District, 9. r nowTirupati District. 17. K. Munaswamy, Chilamauttur Village and Post, VaradaiahPalemMahdal, Chittoor District, nowTirupati District. 18. PakeeruSwamyPillay Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District nowTirupati District. 19. YellaSubbaiah Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 20. Saraswathi, K.Sankaraiah Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 21. Reddy Rama Krishna Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 22. Reddy Srinivasulu ,Balaji Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 23. Y. Mohan Das Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 24. A. Dorawamy, Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 25. L. Ravindra Kumar Jayaramaiah, 4 Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 26. R.Sreenivasulu, R.Doraswamy Naidu, Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District^ nowTirupati District. 27. K. Changama Naidu, Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, now Tirupati District. 28. Govinda Naidu, Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 29. Rama Murthi Naidu, Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 30. G. Raghavulu Naidu Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 31. M.Jayaramaiah, Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 32. C. Lakshmi Kantham Chilamauttur Village and Post, VaradaiahPalemMandal, Chittoor District, nowTirupati District. 33. Mr. K. Suresh Naidu Chillamattur Village and Post, VaradaiahPalemMandal, Chittoor District nowTirupati District. ...Respondents/ Respondents r lA NO: 2 OF 2024 Petition under Section 151 CPC « > that in the circumstances praying stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to alienate the petition schedule properties in the interest of justice. Counsel for the Appellant : SRI A. CHANDRAIH NAIDU Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : GP FOR STAMPS & REOISTRATION Counsel for the Respondent No.7 : GP FOR MUNICIPAL ADMN & URBAN X development Counsel for the Respondent No.8 : GP FOR HOME Counsel for the Respondent Nos.9, 10, 12 & 22 : SRI V. VINOD K. REDDY Counsel for the Respondent No.13 : SRI NARRA SRINIVASA RAO Counsel for the Respondent No.14 : SRI G. JAGADEESWAR Counsel for the Respondent Nos.11, 15 to 21,23 to 33 : NONE APPEARED WRIT APPEAL NO: 883 OF 2024 Writ Appeal under clause 15 of the Letters Patent preferred against the order dt.21.06.2023 in W.P. No.1090/2020 and W.P. No.18164/2020 on the file of the High Court. Between: Vemulapati Seshu Priya, W/o V.Venu Gopala Krishna, Hindu, Aged about 44 years. Door No.1-57-1 ,Chinna Padudugupadu, Kovour(M), Nellore District, A.P. t- / ...Petitioner / AND The State of A. P. Rep. by its Principal Secretary Revenue Department, Secretariat Velagapudi at Amaravathi. 1. The District Collector, Chittoor District The Joint Collector. Chittoor District, 2. 3. The Sub Collector/The Revenue Divisional Officer, Tirupati , Chittoor District. The Mandal Tahsildar, Varadaiahapalem Mandal, Chittoor District. 4. 5. The Sub-Registrar, Satyavedu, Satyavedu Mandal, Chittoor District. The Tirupati Urban Development Authority, Rep. by its Vice Chairman, Office: Municipal office Road near YSR Circle, Tirupati, Chittoor District-517501. The S. H. O, SRI CITY Police Station, Varadaiahpalem Mandal, Chittoor District. 6. 7. 8. 9. M.Krishna Murthy, S/o^ Govinda Reddv Chilamauttur village and Post Varadayapalem Mandal Chittor District. Malla Mastan, S/o. Subba Naidu Hindu, aged about 53 years, R/o. Venus Medical Shop, Near Sri Sullurupeta Mandal, SPSR Nellore R. Srinivasulu, S/o. Dora Swamy Naidu Hindu, aged about 50 years, R/o. Chilamattur Village and’ Post Varadhiah Palem (M), Chittoor District. Kilari Revathi, W/o.Subarayulu, Hindu, aged about 36 years, R/o. Chilamattur Village and’ Post Varadhiah Palem (M), Chittoor District. 10. HariKota Bus stand. District. 11. 12. 13. Killari Prakashatn, S/o. Bala Krishnam Naidu Hindu, aged about 55 years, R/o. Chilamattur Village and’ Post. Varadhiah Palem (M), Chittoor District I^Rama Krishnam Naidu. S/o. Subba Naidu Hindu, aged about 52 years, R/o. Chilamattur Village and Post, Varadhiah Palem (M), Chittoor District Killa^ri Subbaraillu, S/o. Subhramanyam Naidu Hindu, aged about 55 years, R/o. Chilamattur Village and’ Post, Varadhiah Palem (M), Chittoor District. 14. 15. 16. M. Ramya W/o. Krishna Murthy, Hindu, aged about 38 years, R/o. Chilamattur Village and Post, Varadhiah Palem (M). Chittoor District. K;Changamma Naidu. S/o Krishnam Naidu Hindu, aged about 61 years, R/o. Chilamattur Village and’ Post, Varadhiah Palem (M), Chittoor District 17. Y.Subhramanyyam, S/o.Nagaiah Hindu, aged about 50 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 18. G.Hari Krishna, S/o. Jayaram Naidu Hindu, aged about 45 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 19. )■ YellaChinnaiah, S/o. Poohaiah Hindu, aged about 56 years, R/o. Chilamattur VillagO and Post, VaradhiahPalem (M), Chittoor District 20. KillariMadhavula Naidu, S/o. Balakrishanam Naidu, Hindu, aged about 56 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District 21. KillariChandramma , W/o. Jayaramaiah Hindu, aged about 54 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 22. 23. KillariRamurthy Naidu, S/o. Krishnam Naidu Hindu, aged about 54 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District YellaManiyamma, W/o. Jayaramaiah (Postal) Hindu, aged about 54 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 24. 25. AkarapaManohar, S/o. Rajaiah, Hindu, aged about 57 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District YellaRavindrakumar, S/o. Jayaramaiah Hindu, aged about 42 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 26. Yella Mohan Das, S/o. Jayaramaiah Hindu, aged about 40 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. ■ 28. K. Saraswathi, W/o. Shankaraiah Hindu, aged about 40 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District 29. KilariSubhramanyam Naidu, S/o. VenkataSubba Naidu Hindu, aged about 65 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 30. Reddy Srinivasullu, S/o. Late. Balaji Hindu, aged about 40 years, R/o. Chilamattur Village and Post. VaradhiahPalem (M), Chittoor District. 31. Reddy Rama Krishana. S/o. Late. Balaji Hindu, aged about 38 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District Pemmasani Chandra Sekhar. S/o. Rajendra Naidu Hindu, aged about 52 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District KopaniMunnama, W/o. Jayaramaiah Hindu, aged about 54 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 32. 33. 34. KilariDasaradha Naidu, S/o. Subha Naidu Hindu, aged about 51years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. KilariGdvirida Naidu, S/o. Late VenkataSubba Naidu Hindu, aged about 54 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 36. KilariViswanada Naidu, S/o. BalaKrishanam Naidu Hindu, aged about 58 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. KilariPrasad,S/o. Raja Gopala Naidu Hindu, aged about 35 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 37. KilahVasanthamamma, W/o. Rama Chandra Naidu, Hindu, aged about 53years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 38. 39. B. Nagaratnam,S/o. Changaiah, Hindu, aged about 62 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District Reddy Changaiah (Chinnakullaiah), S/o. Changaiah Hindu, aged about 58 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 40. 41. K.Jayamma, W/o. Doraswamy Hindu, aged about 60 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 42. PalavakamSujathaW/oBhaskar Reddy Hindu, aged about 41 years, R/o. Chilamattur Village and Rost, VaradhiahPalem (M), Chittoor District. 43. C.L. Bharathi, W/o. C. Lakshmikantham Hindu, aged about 57 years, R/o D. No. 31,5'^ Main Road, Raja Annamalaipuram, Chennai-600028, Tamil Nadu State. ’ , KilariChandramma. W/o. KilariJayaraamaiah Hindu, aged about 58 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. 44. Smt. PicheriChallamma, W/o. Late. Challappareddy Hindu, aged about 65 years, R/o. Chilamattur Village and Post, VaradhiahPalem (M), Chittoor District. lA NO: 3 OF 2074 45. ...Respondents/ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i pleased to direct the - in support of the petition, the High Court may be respondents not to alienate the petition schedule properties in the interest of justice. Counsel for the Appellant : SRI A. CHANDRAIH NAIDU Counsel for the Respondent Nos.1 to 6 ; GP FOR REVENUE Counsel for the Respondent No.6 : GP FOR STAMPS & REGISTRATION Counsel for the Respondent No.7 ; SRI S.V. MUNI REDDY, SC FOR Counsel for the Respondent No.8 : TUDA GP FOR HOME Counsel for the Respondent Nos. 12,18, 25, 29, 31, 36 & 42: SRI V. VINOD K. REDDY 28° 3o! 32 otIt 3tto°4t43"to 45- NONE appeared ‘° *° The Court made the following: COMMON JUDGMENT APHC010447842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS ■ .T-jL ^ [3525] .j MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL Nos: 882 & 883 2024 Between: Smt. Vemulapati Seshu Priya ...APPELLANT AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Appellant: 1.ACHANDRAIH NAIDU Counsel for the Respondent(S): 1.GP FOR HOME 2.SRINIVASA RAO NARRA 3.GP FOR REVENUE 4.V VINOD K REDDY 5 6.GP MUNCIPAL ADMN AND URE3AN DEV AP The Court made the following Common Judgment: (per Hon’ble Sri Justice R. Raghunandan Fiao) The appellant herein, claiming various extents of land, in Chilamathuru Village of Varadaiahpalem Mandal, Chittoor District, had RRR,J & Dr.KMn^ W.A. Nos. 882 & 883 of 2024 .No. 1090 of 2020, contending that, the of respondents 9 to 33, in the said approached this Court, by way of W.P mutation of the said lands in the names and illegal and that the said mutation proceedings appellant/writ petitioner had also again filed the mutation on the respondents Writ Petition, was arbitrary need to be set aside. The W.P.No.18164 of 2020, contending that illegal and required to be set aside. A learned 9 to 45, in the Writ Petition, was disposed of both these Writ Petitions, by way of a Single Judge of this Court, order, dated 21.06.2023. common her title for all these lands from her will executed by her grandfather. The private 2. The appellant had sought to trace ancestors, on the basis of a respondents, in the Writ Petitions, disputed these facts and set out their own facts to trace their title to the land. earlier order of this Court, in 3. The private respondents also relied on W.P.No,1090 of 2020. wherein the Joint Coliector was directed to conduct an an the land and to submit a report. The learned enquiry into various claims on Single Judge, after taking notice prepared by the Joint Coiiector, had disposed of the Writ Petition, leaving it to seek remedies available before the of the report that is said to have been to the writ petitioner/appellant open appropriate Authorities. to the aforesaid conclusion, on the of fact were raised by both sides and it The learned Single Judge, had come ground that, complicated questions 4. 3 RRR,J & Dr.KMRJ W.A.Nos.882 & 883 of 2024 would not be appropriate for this Court, under Article 226 of the Constitution of India to decide such complicated facts. v Aggrieved by the said common order, the appellant has filed the present Writ Appeals against W.P.Nos.1090 & 18164 of 2020 respectively. 5. 'I 6. Having heard the submissions of Sri A. Chandraiah Naidu, learned counsel appearing for the appellant, Sri V. Vinod K. Reddy and Sri Srinivasa Rao Narra, learned counsels appearing for some of the private respondents. It appears that, some of the respondents could not have been served 7. with notices in the present Writ Appeals. However, their absence would not be affect their interest in view of the manner in which the Appeals are being disposed of. 8. We have perused the material placed before this Court as well as before the learned Single Judge. We are of the opinion that complicated questions of fact arise in these cases and it would be appropriate for such questions to be adjudicated before an appropriate Forum. 9. In these circumstances, we do not find any reason to interfere with the said judgment of the learned Single Judge and these Writ Appeals are dismissed, leaving it open to the appellant to file her remedies. There shall be no order as to costs. RRR,J & Dr.KM^fi W.A.Nos.882 & 883 of2024 As a sequel, interlocutory applications pending, if any shall stand Sd/- V. SATYANARAYANA DEPUTY REGISTRAR closed. //true copy// a section officer To, J / e CC to Sri A. Chandraih Naidu, Advocate [OPUC] 2. Two CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT] ^adesh'rou^'^ ^ Registration, High Court ofAndhra oKra Prafeh.^OUTr' 5. Two CCS to GP for Home, High Court ofAndhra Pradesh. [OUT] • One CC to Srr V. Vinod K. Reddy, Advocate (OPUC) 7. One CC to Sri Narra Srinivasa Rao, (OPUC) 8. One CC to Sri S.V. Muni Reddy, SC for TUDA(OPUC) 9. One CC to Sri G. Jagadeeswar, Advocate (OPUC) 10. Three C.D. Copies. Cnr HIGH COURT DATED:21/04/2025 COMMON ORDER 5 1 ■) MAY m g. Curreni oeciion , WA.Nos.882 & 883 of 2024 DISMISSING THE WRIT APPEALS WITHOUT COSTS