APHC010364472010 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 32653/2010 Between: 1. SOYAM CHINA VENKAYYA (DIED) PER LR, S/O. LATE POTHAPPA (S.T.) AGRICULTURE, MALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T.NARASAPURAM MANDAL, 2. SOYAM RAJA SEKAR, 1. THE AUTHORIZED OFFICER REVENUE DIVISIONAL LAND REFORMS TRIBUNAL WEST GODAVARI DISTRICT, ELURU. 2. THE TAHSILDAR, T. NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 3. SOYAM RATTAMMA, W/O. LATE POTHAPPA HOUSEWIFE, FEMALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T. NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 4. SOYAM BABU RAO, S/O. LATE POTHAPPA AGRICULTURE, MALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T. NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 5. IRAPA SANTAMMA, W/O. NAGESWARA RAO HOUSEWIFE, FEMALE R/O. CHERUKUPALLI, H/O. BANDI MANDAL, KHAMMAM DISTRICT. 6. IRAPA VENKAT MAHA LAKSHMI, W/O. POTHURAJU HOUSEWIFE, FEMALE R/O. CHERUKUPALLI, H/O. BANDIVARIGUDEM, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 32653/2010 SOYAM CHINA VENKAYYA (DIED) PER LR, S/O. LATE POTHAPPA (S.T.) AGRICULTURE, MALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T.NARASAPURAM MANDAL, SOYAM RAJA SEKAR, - ...PETITIONER(S) AND THE AUTHORIZED OFFICER REVENUE DIVISIONAL OFFICER, THE LAND REFORMS TRIBUNAL WEST GODAVARI DISTRICT, ELURU. THE TAHSILDAR, T. NARASAPURAM MANDAL, WEST GODAVARI SOYAM RATTAMMA, W/O. LATE POTHAPPA HOUSEWIFE, FEMALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T. NARASAPURAM WEST GODAVARI DISTRICT. SOYAM BABU RAO, S/O. LATE POTHAPPA AGRICULTURE, MALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T. NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. IRAPA SANTAMMA, W/O. NAGESWARA RAO HOUSEWIFE, FEMALE R/O. CHERUKUPALLI, H/O. BANDIVARIGUDEM, SATHUPALLI MANDAL, KHAMMAM DISTRICT. IRAPA VENKAT MAHA LAKSHMI, W/O. POTHURAJU HOUSEWIFE, FEMALE R/O. CHERUKUPALLI, H/O. BANDIVARIGUDEM, IN THE HIGH COURT OF ANDHRA PRADESH [3233] WEDNESDAY, THE EIGHTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN SOYAM CHINA VENKAYYA (DIED) PER LR, S/O. LATE POTHAPPA (S.T.) AGRICULTURE, MALE R/O. TEEGALAPALLI, H/O. ...PETITIONER(S) OFFICER, THE LAND REFORMS TRIBUNAL WEST GODAVARI DISTRICT, ELURU. THE TAHSILDAR, T. NARASAPURAM MANDAL, WEST GODAVARI SOYAM RATTAMMA, W/O. LATE POTHAPPA HOUSEWIFE, FEMALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T. NARASAPURAM SOYAM BABU RAO, S/O. LATE POTHAPPA AGRICULTURE, MALE R/O. TEEGALAPALLI, H/O. BANDIVARIGUDEM, T. NARASAPURAM IRAPA SANTAMMA, W/O. NAGESWARA RAO HOUSEWIFE, FEMALE VARIGUDEM, SATHUPALLI IRAPA VENKAT MAHA LAKSHMI, W/O. POTHURAJU HOUSEWIFE, FEMALE R/O. CHERUKUPALLI, H/O. BANDIVARIGUDEM, 2 BKM,J W.P.No.32653 of 2010 SATHUPALLI MANDAL, KHAMMAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ or order or direction in the nature of Writ of Mandamus against the inaction of the f1st Respondent not disposing the petition of the petitioner dated 25-4-2010 in L.C.C. Nos. 1989 and 2252/ CTP/1975 seeking relief of apply Sec. 4 (a) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act 1973 to declare that there is no excess land to be surrendered by petitioner's Family treating petitioner as another unit as petitioner entitled 1/5th share under standard holding, is illegal and arbitrary. IA NO: 1 OF 2010(WPMP 41496 OF 2010 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 directing the respondents 1 & 2 not to dispossess the fpetitioner from his 1/5th share including an extent of Ac. 9-43 cents in R.S. No. 521/1 situated at Teegapalli, H/o. Bandivarigudem (V), T. Narsapuram Mandal. IA NO: 1 OF 2011(WPMP 134654 OF 2011 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 IA NO: 1 OF 2014(WPMP 2239 OF 2014 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 add as the 2nd petitioner on behalf of the 1st petitioner and to contest the case and pass. Counsel for the Petitioner(S): 1. NARAM NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 BKM,J W.P.No.32653 of 2010 2. GP FOR REVENUE 3. P VISHNUVARDHANA REDDY 4 BKM,J W.P.No.32653 of 2010 The Court made the following ORDER: Heard the learned counsel for the 2nd petitioner, who is the legal representative of the deceased 1st petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 & 2. 2. This writ petition was filed questioning the inaction on the part of the 1st respondent in disposing of the petition of the petitioner dated 25.04.2010 in L.C.C.Nos.1989 and 2252/CTP/1975, seeking relief of apply Section 4 (a) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 to declare that there is no excess land to be surrendered by the petitioner’s family treating the petitioner as another unit as the petitioner is entitled for 1/5th share under the standard holding. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 & 2, relying upon the counter of the 2nd respondent, submits that the revenue officials have already taken possession of the lands as per the declaration given by one Sri Soyam Pothappa, son of Sri Kannappa, from the grandson of the declarant one Sri Soyam Rajasekhar, Son of Baburao of Teegalapalli, Hamlet of Bandivarigudem Village on 09.07.2010 and the same was handed over to the Village Revenue Officer, Bandivarigudem, for safe custody and the details of the lands are as under: Village Survey no. Extent of land taken possession Bandivarigudem 521-1 Ac. 10.00 cents 5 BKM,J W.P.No.32653 of 2010 Bandivarigudem 583-2 Ac. 5.80 cents Bandivarigudem 43-1 Ac. 5.05 cents Bandivarigudem 32-2 Ac. 3.70 cents Bandivarigudem 8 Ac. 11.36 cents 4. Meanwhile, the deceased 1st petitioner Sri Soyam China Venkaiah (deceased), son of Pothappa filed this writ petition with the above said prayer. But, he died on 17.07.2011 and accordingly, the 2nd petitioner was brought on record as the petitioner. But, as the petitioner belongs to the 3rd gender, his name was shown as Soyam Venkatamma at the time of declaration by his parents and the excess land was declared at that time. Since the petitioner was not married and he is a single person without having any family unit and that too unfortunately he died on 17.07.2011, the land was already surrendered, as mentioned above under Section 4(a) of the Andhra Pradesh Land Reforms (COAH) Act, 1973 5. In view of the above said facts and circumstances, the petition of the deceased 1st petitioner dated 25.04.2010 cannot be considered at this stage as the legal representative, who is said to be the 2nd petitioner is not entitled for any such relief. 6. Accordingly, the Writ Petition is dismissed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 6 BKM,J W.P.No.32653 of 2010 As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 08.10.2025 MDP