IN THE HIGH COURT OF ANDHRA PRADESH ;; AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 40755 OF 2022 Between: Zangiti Louradaiah, S/o.J Danamaiah, Aged about 60 Years, Occ. Employee, R/o. D.N0.148-A, Chagalamarry Village, Chagalamarry Mandal, Nandyala District. ...PETITIONER AND The State of Andhra Pradesh, repby its.. Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravthi, Guntur District. The District Collector, Nandyala District, Nadyala. The Revenue Divisional Officer, Nandyala District, Nadyala. The Thasildar, Chagalamarry Mandal, NandhayalDistrict. Pathi Narayana, S/o. Pedda Tirupalu, Godignur Village, Chagalamarry Mandal, Nandhyal District. 1. 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 respondents in Keeping Digital Sign Pending to the petitioner property in Sy.No.486-1 to an extent of Ac.5.20 existed in Godigenuru Village, Chagalamarry Mandal, Nandyala District from the online revenue website, beyond his power is unjustified, Ultra vires, illegal, arbitrary and discriminative and the same amounts to dereliction of the duties and consequently direct the respondents to enter the name of the petitioner in the online website forthwith. lA NO: 1 OF 2022 Petition under Section 151 CPC is filed 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 to enter the name of the petitioner in the online website to an extent of Sy.No.486-1 to an extent of Ac.5.20 existed in Godigenuru Village, Chagalamarry Mandal, Nandyala District forthwith by suspending the proceedings vide R.C.B.No.837/2022, dated 08.12.2022 issued by the Respondent. lA NO: 3 OF 2024 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 may be pleased to receive the copy of the Forensic reports dated 26/11/2024 and 25/11/2024, Possession and Declaration of land dated 20/07/2010, Proceeding hs Rc.B 250/2010 dated 06/09/2010 and Pattadhar Pass books as additional material papers in the W.P.No.40755 of 2022, and pass Counsel for the Petitioner: M/s. LEO LAW ASSOCIATES LLP Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI P. DURGA PRASAD, ADVOCATE The Court made the following: TCDSJ WP 40755 2022 1 APHC010688982022 ^IGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.40755/2022 Between: Zangiti Louradaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.P DURGA PRASAD The Court made the following: tcds:j WP_40755 2022 2 ORDER:- 1. It is the case of the petitioner that he was assigned the land admeasuring an extent of Ac.5.20 cents in Sy.No.486-1, Gudigenuru Village, Chagalamarry Mandal, Kurnool District during the year 1980. It is further case of the petitioner that he is in peaceful possession and enjoyment of the said land. In pursuance assignment made is his favour, his name was mutated in revenue records and he was issued pattadar pass books and title deeds in respect of the above lands by the respondents by duly entering his name in on-line web land register. th 2. It is further case of the petitioner that the 5 respondent in order to knock away the subject lands filed a suit in OS No.92 of 2010, on the file of Junior Civil Judge, Allagadda against petitioner. Along with the suit 5'*^ respondent filed application vide lA No.403 of 2010 seeking to grant temporary injunction against the petitioner over the petitioner over the lands in dispute. The Trial Court dismissed the said application. Thereafter, the 5^^ respondent filed appeal vide CMA No.6 of 2010, on the file of Senior Civil Judge, Allagadda and the said appeal was disposed of directing both the parties to maintain status-quo till the disposal of suit in OS No.92 of 2010 and i WP 3 thereafter the suit was transferred to Senior Civil Judge, Allagadda and it is renumbered as OS No.27 of 2021 and the said suit is pending adjudication. th It is further case of the petitioner that, the 5 respondent filed a petitioner before the 3'"^ respondent seeking to cancel the D-Form issued in favour of the petitioner. The said petition was entertained by the 3'’'^ respondent and after hearing both the petitioner as well as the respondent passed order dated 01.04.2013 rejecting the claim of the 5*^ respondent and confirmed the assignment made in favour of the petitioner. 3. It is further stated that after nine (09) years, the 5 respondent again approached the 4‘^ respondent with application not to affix digital signature in web-land adangal in respect of the subject lands. The said representation made by the 5^^ respondent was entertained and after hearing the parties, the 4*^ respondent issued proceedings dated 08.12.2022 whereby and whereunder kept the digital signature pending in respect of subject lands inasmuch as there is a title dispute between the petitioner and the 5 4. th an th respondent. Questioning the said proceedings, the present writ petition is filed. TCDS~J WP^40755 2022 4 On the other hand, the 5*^ respondent field counter affidavit stating that his father purchased the lands in dispute by virtue of registered sale deed dated 16.11.1968 vide document No.2346. It is his further case since the date of purchase, his father was in possession and enjoyment of the said land and in 5. recognizition of the same, his father was issued pattadar pass books by mutating his name in revenue records. It is further stated that after the demise of his father, the 5**^ respondent claims that he came into possession. It is further stated that the writ petitioner is absolute stranger to the property in dispute and the DKT patta given in favour of the petitioner is under mistake of fact and prayed to dismiss the writ petition. 6. A reply affidavit was filed by the petitioner denying th the averments made in the counter affidavit filed by the 5 respondent and reiterated that he was assigned the subject lands by following procedure contemplated under law. Heard learned counsel for the petitioner and learned 7. Assistant Government Pleader for Revenue and learned counsel for the respondent No.5. 8. Perused the material available on record. WP_4075i, 5 It is not in dispute that the subject land was assigned 9. in favour of the petitioner by issuing D-Form patta on 24.09.1980. It is also not in dispute that originally the subject land was assigned in favour of one Sri Harijana Obanna and from whom the father of the 5*^ respondent purchased. Further, the patta granted in favour of original assignee Sri Flarijana Obanna was cancelled inasmuch as the originally assignee violated the condition of D-form patta. It is also not in dispute that subsequently the subject land was assigned in favour of the writ petitioner. Further, on perusal of order dated 01.04.2013 passed by the respondent, it is clear that the 5^*^ respondent made a claim over the subject lands and requested to cancel the 10. pattadar pass books issued in favour of the writ petitioner. Upon hearing the parties the 3'^^ respondent rejected the case of the 5 th respondent by order dated 01.04.2013. In the said order attained finality. Without challenging order dated 01.04.2013 passed by the 3'^'^ respondent, the respondent again approached the 4 respondent requesting him not to affix the digital signature in web-land adangal in respect of subject lands. While entertaining the representation made by the S**" respondent, the said authority th 6 without take into consideration of the order dated 01.04.2013, issued the impugned proceedings by keeping the digital signature pending in web-land adangal in respect of subject lands. Further, order dated 01.04.2013 passed by the 3'^^ respondent attained finality, whereunder the claim of the 5^^ respondent was rejected, therefore, the 4‘^ respondent cannot reopen the matter at the instance of 5**^ respondent. Hence the impugned order dated 18.12.2022 passed by the 4*^^ respondent is liable to be set aside and accordingly, the writ petition is allowed. The 4‘^ respondent is directed to restore 11. the digital signature in web-land adangal in respect of subject land. 12. There shall be no order as to costs. As a sequel pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravthi, Guntur District. 2. The District Collector, Nandyala District, Nadyala. 3. The Revenue Divisional Officer, Nandyala District, Nadyala. 4. The Thasildar, Chagalamarry Mandal, NandhayalDistrict. 5. Pathi Narayana, S/o. Pedda Tirupalu, Godignur Village, Chagalamarry Mandal, Nandhyal District. 6. One CC to M/s. Leo Law Associates LLP, Advocate [OPUC] 7. One CC to Sri P. Durga Prasad, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies HIGH COURT DATED;01/04/2025 ORDER s .y UL ? I! IN 7m •<v WP.No.40755 of 2022 I ALLOWING THE WRIT PETITION WITHOUT COSTS