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2025 DAILYLAW 46013 (AP)

POTHAKAMURI SREENIVASULU v. THE STATE OF AP

WP/10506/2025 · 2025-05-04

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR! (Special Original Jurisdiction) MONDAY .THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10506 OF 2025 Between: 1. Pothakamuri Sreenivasulu, S/o. Lakshmi Narsu Occ Agriculturist, R/o. Ponnaluru Mandal, Prakasam District. 2. Pothakamuri Malakondaiah, S/o. Late Peraiah Occ Agriculturist, R/o. Paruchurivaripalem Village. Ponnaluru Prakasam District. Aged about 50 years D.No.6-64, Paruchurivaripalem Village Aged about 85 years, Mandal, ...PETITIONERS AND 1. The State of Andhra Pradesh. Rep by its Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi District. Amravathi, Guntur 2. The District Collector, Prakasam District, Ongole, 3. The Revenue Divisional Officer, Kanigiri, Prakasam District. 4. The Tahasildar, Ponnaluru Mandal, Ponnaluru Prakasam 5. Sunkeswara Venkateswarlu, S/o. District. Late Subbaiah R/o. K.Agraharam Village, Ponnaluru Mandal, Prakasam District. 6. Sunkeswara Venkateswarlu, S/o. Late Subbaiah Village, Ponnaluru Mandal, Prakasam District. 7. Sunkeswara Srinivasulu, S/o. Late Subbaiah Ponnaluru Mandal Prakasam District. 8. Sunkeswara Yarraiah, S/o. Late Subbaiah, Ponnaluru Mandal, Prakasam District. R/o. K.Agraharam R/o. K.Agraharam Village, R/o. K.Agraharam Village, ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court Petition under Article 226 of the Constitution of India ' ‘■pleased to issue an appropriate writ order or direction more particukriy one in the nature of WRIT OF MANDAMUS declaring the action of the official Respondents in entering the name of the dead person Late Sri.Sunkesula Subbaiah (who died in the year 1994) in Revenue records through online in the year 2018 to an extent of Ac.0.22 72 cents in Sy.No.154/16 of Boganampadu Revenue Village, Ponnaluru Mandal, Prakasam District at the behest of the unofficial Respondents depriving the rights of the Petitioners and thereby failure of the Respondents in deleting the name of the dead person from the revenue records pursuant to the representation of the Petitioners and also failure of the 4th Respondent to conduct the enquiry pursuant to the notice issued by the 4th Respondent dated 10.03.2025 as illegal, arbitrary and contrary to the AP Rights in Land and Pattadar Passbooks Act, 1971 and also violation of the Articles 14, 21 and 300-A of the Constitution of India and Consequently direct the official Respondents to delete the the dead person from the revenue records by conducting an enquiry and be pleased to pass lA NO: 1 OF 2025 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 2 to 4 to enter the Petitioners in the Revenue Records to an extent of Ac.0.22 72 cents i; Sy.No.154/16 of Boganampadu Revenue Village, Ponnaluru Mandal, Prakasam District by deleting the name of the dead person from the revenue records and conducting an enquiry as per law . Counsel for the Petitioners; SRI. Counsel for the Petitioners; SRI. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: name of names of the in APHC010193212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10506/2025 Between: Pothakamuri Sreenivasulu and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0:10506/2Q25 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: "to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the official Respondents in entering the name of the dead person Late Sri. Sunkesula Subbaiah, who died in the year 1994 in Revenue records through online in the year 2018 to an extent of Ac.0.2214 cents in Sy.No.154/16 of Boganampadu Revenue Village, Ponnaluru Mandal, Prakasam District at the behest of the unofficial Respondents depriving the rights of the Petitioners and thereby failure of the Respondents in deleting the name of the dead person from the revenue records pursuant to the representation of the Petitioners and also failure of the 4‘^ Respondent to conduct the enquiry pursuant to the notice issued by the 4^'’ Respondent dated 10.03.2025 as illegal, arbitrary and contrary to the AP Rights in Land and Pattadar Passbooks Act, 1971 and also violation of the Articles 14, 21 and 300-A of the Constitution of India and Consequently direct the official Respondents to delete the name of the dead person from the revenue records by conducting an enquiry and be pleased to pass such other order or orders....” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that petitioner No.1 is the absolute owner and possessor of the land admeasuring to an extent of Ac.0,15 cents and petitioner No.2 is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.0772 cents in Sy.No.154/46 situated at Boganampadu Revenue Village, Ponnaluru Mandal, Prakasam District having acquired the same from their ancestors. Since the date of their succession, the petitioners have been in peaceful possession and enjoyment of their respective lands. While things stood thus, to the surprise of the petitioners one late Sri.Sunkesula Subbaiah name was entered in the revenue records in respect of the subject land of the petitioners. Basing on the said mutation, the unofficial respondents, who are the sons of late Sri Sunkesula Subbaiah are trying to interfere with the peaceful possession and enjoyment of the subject property of the petitioners. For which, the petitioner herein submitted representations dated 02.01.2025 and 03.03.2025 to the respondents requesting to conduct an enquiry and to delete the name of the dead person from the revenue records. Basing on which, the respondent No.4 issued a notice dated 13.02.2025 to the petitioners herein and to the respondent Nos. 5 to 8 directing them to appear personally for enquiry on 19.02.2023. But for one reason or the other, the said enquiry was not conducted. Later, the petitioners herein submitted another representation dated 25.03.2025 to respondent No.4 requesting him delete the name of the dead person from the revenue records and to enter the name of the petitioner and also requested to take appropriate steps for issuance of the prohibitory orders against the unofficial respondents directing them not to interfere with the peaceful possession and enjoyment of the subject lands of the petitioners. Even after receipt of the said representation, respondent No.4 neither considered the same nor issued any proceedings.' Aggrieved by the same, the petitioners herein filed the present'' writ petition. On the other hand, learned Government Pleader appearing for the 4. respondents furnished written instructions dated 17.04.2025 issued by respondent No.4, wherein the relevant portion of the said instructions is extracted hereunder: “The 4 respondent has issued notices to the writ petitioners and respondents to attend on 25.03.2025 at 11-00 A.M for conduct of enquiry along with the connected documents in respect of the land in Sy.No.154/16 of Boganampadu Village. The writ petitioners have attended and they have stated that their forefathers got the land measuring an extent of Ac.0.22y2 cents in Sy.No.154/46 of Boganamapadu Village, they did not sell this land to anybody, but In the web land Adangal, the name of Sunkesula Subbaiah was mutated in the year, 2018 who died in the year, 1994 by the then Tahsildar, Ponnalur and do justice to them. But the respondents have not attended for enquiry and not produced any registered documents and E.Cs about this land. Action is being taken to give speaking order according to A.P. Rights in Land Pattadar Pass Books Act, 1971 as per the ROR record available In this office on the representation of the writ petitioners. 5. On perusal of the said instructions, it is evident that the representations submitted by the petitioners are under consideration by the respondents and appropriate orders would be passed within a reasonable time. 6. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and in view of the written instructions submitted by respondent considered view that the present writ petition respondents to consider the representation dated 25. petitioners and pass appropriate orders, after to all the parties concerned, within date of receipt of a copy of this order. No,4, this Court is of the can be disposed of, directing the 03.2025 submitted by the providing opportunity of hearing a period of three (03) months from the 7. With the above direction, the writ petition is disposed of. There shaii be no order as to costs. - Consequently, Miscellaneous Petitions, petition shall stand closed. if any, pending in the writ Sd./- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// 1^ ^ SECTION OFFICER To, Department. Secretariat Buildings Velagapudi, Guntur District.(SPECIAL MESSENGER) ^ 2. The District Collector, Prakasam District, Ongole, 3. The Revenue Divisional Officer, Kanigiri, Prakasam District. 4. The Tahasildar, Ponnaluru Mandal, Ponnaluru Prakasam District 0. Sunkeswara Venkateswarlu, S/o. Late C„. Village, Ponnaluru Mandal, Prakasam District. 6. Sunkeswara Venkateswarlu, S/o. Late Subbaiah Village, Ponnaluru Mandal, Prakasam District 7. Sunkeswara Sriniyasulu. S/o. Late Subbaiah. R/o. K.Agraharam Village Ponnaluru Mandal Prakasam District ^ Subbaiah, R/o. K.Agraharam Village, Ponnaluru Mandal, Prakasam District.(Nos. 2 to 8 by RPAD) 9 One CC to SRI. GAJJALA MALLIKARJUNA REDDY Advocate [OPUC] [OUT]^'^° for revenue .High Court Of Andhra Pradesh. Subbaiah R/o. K.Agraharam R/o. K.Agraharam 11. Three CD Copies psk HIGH COURT DATED: 05/05/2025 = 19 JUN 2025 S ^ . Current decuon . ORDER 9>. WP.No.10506 of 2025 DISPOSING THE WRIT PETITION WITH NO COSTS