Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15691 OF 2021 Between:
1. Gunta Minna Rao, S/o. Late Chinnodu, aged about 50 years, R/o. Metturu Village, Kotturu Mandal, Srikakulam District, A.P.
2. Dammu Krishnaveni, D/o. Dukka Tulasamma, aged about 45 years, R/o. Metturu Village, Kotturu Mandal, Srikakulam District, A.P.
3. Dukka Jogamma, W/o. Gunnayya, aged about 60 years, R/o. Metturu Village, Kotturu Mandal, Srikakulam District. A.P.
4. Alikana Varalaxmi, W/o. Raja Rao, aged about 45 years, R/o. Metturu Village, Kotturu Mandal, Srikakulam District, A.P. ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam District, Srikakulam. 3. The Revenue Divisional Officer, Palakonda Reavenue Division, Palakonda, Srikakulam District, A.P.
4. The Tahsildar, Kotturu Mandal, Srikakulam District. 5. Alikana Jagan Mohana Rao, S/o. Late China Ramanna, aged about 50 years, R/o. Kaligam Village, Kotturu Mandal, Srikakulam District, A.P.
...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the cirGUmstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the official respondents to enter the names of the petitioners in the revenue records and Web land for an extent of Ac.0.62 cents in Survey No. 346/1 of Neredi Revenue Group, Metturu Village, Kotturu Mandal, Srikakulam District.
lA NO: 1 OF 2021 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 pass an interim order directing the official respondents to consider the applications of the petitioners and also order to enter the names of the petitioners in the revenue records and Web land until disposal of the above writ petition^ Counsel for the Petitioner(s): SRL SRINIVASA RAO NARRA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI P NAGENDRA REDDY The Court made the following: ORDER
4 APHC010271292021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.15691/2021 Between: Gunta Minna Rao, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petltloner(S):
1.SRINIVASA RAO NARRA Counsel for the Respondent(S):
1.GP FOR REVENUE 2.P NAGENDRA REDDY The Court made the following:
ORDER:- It is the case of the petitioners they are absolute
1. owners and possessors of land admeasuring an extent of Ac.0.62 cents in Sy.No/346/1 of Neredi Revenue Group, Metturu Village Kotturu Mandal, Srikakulam District. It is the further case of the petitioner that the said
2. th land is derived from their ancestors. It is stated that the 5 respondent without having any right, title and interest over the subject land approached the 4'^ respondent by submitting fake and forged sale deeds to mutate his name in revenue records. It is further stated that when there was no action from
3. the 4*^ respondent, the 5^^ respondent filed a writ petition vide W.P.No.23525 of 2020 and the same was disposed of by order dated 17.12.2020, directing the 4*'" respondent to consider the representation dated 02.11.2020 filed by him by taking all relevant records into consideration and also complaints if any, and to pass appropriate orders within a period of six (06) weeks. Pursuant to the said
order, the 4^'" respondent mutated the name of the respondent in revenue records over
4. - r
the subject lands. It is further stated that questioning the said
order, the petitioners preferred revision petition before the Joint Collector, Srikakulam. After issuing notices to all the parties, the Joint Collector disposed of the said revision petition by order dated 28.06.2021 directing the 4*^ respondent to restore the changes in pattadar passbooks within 15 days by observing the possession of the petitioners and to conduct discreet enquiry by following principles of natural justice while cancelling the previous non genuine pattadar passbooks and to update the entries in 1-B th and web land register. It was further
directed that the 4 respondent to file a complaint against the respondent for his misdeeds. It is further case of the petitioners in tune with the
5. th said
order, the 4 respondent given complaint against the 5 respondent and the SHO, Kotturu registered a crime in FIR No.110 of 2021, dated 05.07.2021 under section 420 IPC. It is further case of the petitioner that despite order dated 28.06.2021, the 4'^ respondent did not implement the same nor conducted enquiry as per the said order. Questioning the said action of the 4*'" respondent in not mutated the name of the petitioners over the subject lands, the present writ petition is filed.
The 5*^ respondent filed counter affidavit stating that the Joint Collector proceeded with the revision petitioner filed by the petitioners, without issuing notice to him. It is further stated that as against the order dated 28.06.2021, he preferred a writ petition vide WP No. 14781 of 2021 and this Court by order dated 29.07.2021 pleased to suspend the said order. It is further stated that while passing the order in the revision petition, the Joint Collector did not take into consideration of the report submitted by the respondent. It is further stated that he is the bonafide purchaser of the subject land having purchased the same through registered sale deeds and prayed to dismiss the present writ
6. petition. th Heard counsel for petitioner, counsel for 5
7. respondent and the learned Government Pleader for Revenue. Perused material available on record.
8. During course of hearing, the counsel for the petitioner brought to the notice of this Court that writ petition W.P.No.14781 of 2021 filed by the respondent questioning the
9.
order dated 28.06.2021 passed by Joint Collector was withdrawn
3^ by him on
10.01.2025. The said submission made by the petitioner is not disputed by the counsel for the 5*^ respondent. In view of the same, the respondent cannot oppose the writ petition filed by the petitioners. On consideration of submissions made by both counsel, this Court feels that it is appropriate to dispose of the present writ petition by directing the 4*^^ respondent to conduct discreet enquiry in terms of order dated 28.06.2021 passed by Joint Collector and to implement the said
order after affording opportunity of being heard to the petitioners and the 5’'' respondent. It is needless to mention that the said exercise shall be completed within a period of six (06) from the date of receipt of copy of this order.
10. With the above directions, the writ petition is
11.
disposed of. No order as to costs. As a sequel, pending applications, if any, shall stand closed.
SD/-K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// ^CTI^^FFICER To
1. The Principal Secretary, Revenue Department, A.P. Secretariat Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Srikakulam District, Srikakulam.
3. The Revenue Divisional Officer, Palakonda Reavenue Division, Palakonda, Srikakulam District, A.P.
4. The Tahsildar, Kotturu Mandal, Srikakulam District. Alikana Jagan Mohana Rao, S/o. Late China Ramanna aged about 50 years, R/o. Kaligam Village, Kotturu Mandal, Srikakularn District, A.P. One CC to Sri. Srinivasa Rao Narra Advocate [OPUC] Two CCs to GP For Revenue .High Court Of Andhra Pradesh. One CC to Sri P Nagendra Reddy, Advocate [OPUC]. Three CD Copies
5.
6.
7. [OUT]
8.
9. AL
HIGH COURT DATED:16/04/2025
ORDER WP.No.15691 of 2021 DISPOSING OF THE W.P. WITHOUT COSTS