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2025 DAILYLAW 45755 (AP)

Reddi Rama Rao, v. The State of Andhra Pradesh,

WP/29664/2021 · 2025-05-04

T C D Sekhar

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 29664 OF 2021 3^ oli o Between: Reddi Rama Rao, S/o. Late Reddi Venkata Rathnam, aged about 83 years, occupation- business, R/o. Door No. 7-1-65/A, Dharam Karan Ameerpet, Hyderabad 500 016, Telangana. Road ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Guntur District 2. The Chief Commissioner of Land Administration, Andhra Pradesh, Gollapudi, Vijayawada, Andhra Pradesh. 3. The District Collector, East Godavari District, Pradesh. Revenue Andhra Pradesh. Kakinada, Andhra 4. The Revenue Divisional Officer, Rajamahendravaram Division, Rajamahendravaram, East Godavari District, Andhra Pradesh. 5. The Tahsildar, Rajamahendravaram Rural Mandal East Godavari District, Andhra Pradesh. 6. Smt. Pidikiti Sridevi, W/o. Late Sri P. years, occupation- household, R/o. Door No. 6-1-67/4, 2nd Floor, Sangam Buildings, Church Lane, Lakdikapul, Hyderabad Indra Prasad, aged about 52 Telangana. ...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: (i) declare the action of the may Respondent No.5 in incorporating the name of the Respondent No.6 in the revenue records and issuing the Pattadar Pass Books and Title Deeds in favour of the Respondent No.6 i respect of an extent of Acs. 16-78 Cts. out of Acs. 22 - 78 Cts. in R.S.No. 98 of Morampudi Village, Hukumpeta Panchayat. Rajamahendravaram Rural Mandal, East Godavari District, without following the due and in violation of the mandatory provisions of the Andhra Pradesh in procedure Rights in Land and Pattadar Pass Books Act, 1971 and the Rules framed thereunder, and (ii) declare the action of the Respondent Nos.1 to 5 in failing to take any action on the representations of the Petitioner dated 12/10/2020 09/10/2021 to delete the name of the Respondent No.6 from the records and cancel the Pattadar Pass Books and Title Deeds issued to the Respondent No.6 in respect of an extent of Acs. 16-78 Cts. out of Acs. and revenue 22-78 Cts. in R.S.No. 98 of Morampudi Village, Hukumpeta Panchayat, Rajamahendravaram Rural Mandat, East Godavari District as illegal and arbitrary, and (iii) consequently set aside the entries incorporating the of the Respondent No.6 from the revenue records and cancel the Pattadar Pass Books and Title Deeds issued to the Respondent No.6 in respect of in respect of an extent of Acs. 16-78 Cts. out of Acs. 22 - 78 Cts. in R.S.No^ 98 of Morampudi Village, Hukumpeta Panchayat, Rajamahendravaram Rural Mandal, East Godavari District: ^ name 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 direct the Respondent Nos. 2 to 5 to suspend/keep in abeyance the entries in the revenue records and the Pattadar Pass Books and Title Deeds reflecting the name of the Respondent No.6 in respect of the extent of Acs. 16- 78 Cts. out of Acs. 22-78 Cts. in R.S.No.98 of Morampudi Village, Hukumpeta Panchayat, Rajamahendravaram Rural Mandal, East Godavari District, pending the disposal of the Writ Petition. lA NO: 2 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 direct the Respondent Nos. 2 to 5 to restrain the Respondent No.6 from illegally encroaching or making illegal construction upon or illegally changing the nature of the land in respect of the extent of Acs. 16- 78 Cts. out of Acs. 22-78 Cts. in R.S.No. 98 of Morampudi Village, Hukumpeta Panchayat, Rajamahendravaram Rural Mandal, East Godavari District, pending the disposal of the Writ Petition. Counsel for the Petitioner: SRI V. SURENDRA REDDY Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6:SRI BOLLA VENKATA RAMA RAO The Court made the following: ORDER APHC010494172021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.29664/2021 [3505] Between: Reddi Rama Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others Counselfor the Petitioner: ...RESPONDENT(S) 1.VSURENDRA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.BOLLA VENKATA RAMA RAO The Court made the following: ORDER:- It is the case of the petitioner land admeasuring an extent of Ac.22.78 cents in Sy.No.98 of Morampudi Village, Hukumpeta Panchayat, Rajahmundry Rural Mandal, Godavari District belongs to the petitioner, 6'^ respondent, one Sri B.V. Venkata Raju and Sri Veera Venkata Achutha Ramanna. It is further case of the petitioner that the names of the petitioner, 6 respondent and the said Sri B.V. Venkata Raju and Sri Veera Venkata Achutha Ramanna were mutated in revenue records in 1. East th respect of the said lands. It is further case of the petitioner that the 5 respondent without issuing any notice to the petitioner, incorporating the name of the 6*^ respondent to an extent of Ac. 16.78 cents out of total extent of Ac.22.78 cents in revenue records. On coming to know about the illegal entry made in favour of the respondent an application under Right to Information Act, 2005 was filed before the 5^^ respondent to furnish the proceedings issued in favour of the 6^*^ respondent for mutating her name in revenue records. In turn, the 5'^ respondent issued 2. endorsement dated 29.12.2020 stating that no such proceedings are available in the office records. It is further case of the petitioner, thereafter he made representation to the Chief Commissioner of Land Administration requesting to conduct enquiry into the matter. In pursuance thereof, the 2'"'^ respondent directed the 3**" respondent to conduct enquiry into the matter. Thereafter, the 3'"^ respondent called for a report from the respondent. Pursuant to the directions of the 3'"^ respondent, a notice dated 24.02.2021 was issued by the 4 respondent asking the petitioner and the 6^'^ respondent to appear before him on 06.03.2021 with all relevant records. It is further 3. th case of the petitioner that despite issuance of the said notice no action was initiated in the matter and therefore questioning the said inaction he filed the present writ petition. 4. Heard counsel for the petitioner and learned Assistant Government Pleader for Revenue. th 5. Despite service of notice, none appears for the 6 respondent. The counsel for the petitioner would submit that the name of the 6**^ respondent was mutated in revenue records in 6. respect of land admeasuring an extent of Ac. 16.78 cents out of total extent of Ac.22.78 cents in Sy.No.98, Morampudi Village, Hukumpeta Panchayat, Rajahmundry Rural Mandal, East Godavari District. He would further rely on endorsement dated 29.12.2020 issued by the respondent whereunder the said authority informed the petitioner that no proceedings are available in his office under which the name of the respondent is mutated in respect of land to an extent of Ac. 16.78 cents. Further, the counsel for the petitioner would strenuously contend that before mutating the name of the 6*^^ respondent, no notice was issued to him. It is not in dispute that the petitioner approached the 2'^'^ respondent to conduct an enquiry into the matter and in pursuance thereof the 5^'^ respondent issued notice dated 7. 24.02.2021 to the petitioner and as well as to the 6 respondent. \ th It is further case of the petitioner that he appeared before the 5 respondent on 06.03.2021 and submitted all records in support of his claim. He would further contend that the respondent did not pass any order in the matter thereafter. 'V Taking into the consideration of the submissions made by the counsel, this Court feels that it is appropriate to dispose of the writ petition by directing the 4‘^ respondent to conduct enquiry into the matter pursuant to notice dated 24.02.2021 and pass appropriate orders thereon after affording opportunity of being heard to the petitioner and as well as to the respondent. It is needless to mention that the 4*^ respondent is further directed to pass appropriate orders, preferably within a period of six (06) weeks from the date of receipt of copy of the order. 8. With the above direction, the writ petition is disposed. 9. No orders as to costs. As sequel the interlocutory applications, if any shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR ■fferOFTOER //TRUE COPY// SEC To Revenue Department, State of Andhra Velagapiidi, Guntur District, Andhra Pradesh, of Land Administration, Andhra Pradesh, 1. The Principal Secretary Pradesh, Secretariat 2. The Chief Commissioner Gollapudi, Vijayawada, Andhra Pradesh. East Godavari District, Kakinada, Andhra 3. The District Collector Pradesh. TU The Revenue Divisional Officer, Rajamahendravaram Division, Rajamahendravaram, East Godavari District, Andhra Pradesh. The Tahsildar, Rajamahendravaram Rural Mandal, East Godavari District, Andhra Pradesh. One CC to Sri V. Surendra Reddy, Advocate [OPUC] One CC to Sri Bolla Venkata Rama Rao, Advocate[OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 4. 5. 6. 7. 8. 9. ssb HIGH COURT € DATED:05/05/2025 t 0 6 JUN ?l?5 ^ . Current Seciion . to, ORDER WP.No.29664 of 2021 DISPOSING OF THE W.P. WITHOUT COSTS