CHEBROLU ISSACK ALIAS IJACK v. The State of the Andhra Pradesh,
WP/11417/2025 · 2025-05-04
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46517 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46517 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r 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 VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11417 OF Between:
1. Chebrolu Issack Alias Ijack, S/o Abraham, Aged 53 years, R/o. D.NO.1/203-P39, Poola Subbaiah Colony, Markapura Town and Mandal, Prakasam District - 523316
2. Nalluri Prabhakar, S/o Yellaiah,Aged about 48 156/18. Giddalur Town. Prakasam District. 3. Bovvuri Krishnaveni, W/o Bala Swamy, Aged about 52 years, R/o D.No. 10-204, SVKP College Road, Markapur Town and Mandal Prakasam District. 4. Nisinam Chenna Keshavulu, S/o Chennaiah, Aged about 60 D.NO.1-203-A-142, S.C. B.C. Colony, Markapur Town Prakasam District. 5. Nisinam Bala Veeraiah, S/o Somaiah, Aged about 44 years, R/o H. No. 1/203-A-115, S.C. B.C. Colony, Markapur Town and Mandal, Prakasam District. 6. Adimulapu Bhaskar, S/o Benjiman, Aged about 53 years, R/o Poola Subbaiah Colony, S.C. B.C. Colony, Markapur Town and Mandal Prakasam District. years, R/o. D.No.7-16- years, R/o. and Mandal,
7. Darivemula Abraham @ Ravikumar, S/o Abinizer D/ AD^/. o . ' '^9®^ 43 years K/o ABM Palem, Markapur Town and Mandal. Prakasam District. 8. Nisinam Devaiaih S/o Chennaiah,Aged about 69 years, R/o H.NO.1/203-A-8-1, SCBC Colony, S.C. B.C. Colony, Markapur Town and Mandal, Prakasam District. 9. Mukkirapu Sarojamma, W/o Baburao, Aged about 49 years, R/o SC Palem, Nagulavaram Village, Tarlupadu Mandal, Prakasam District ...Petitioners AND ■ ' 'I- ■
1. The State of the Andhra Pradesh, Principal Secretary, Revenue Secretariat, Velagapudi, Guntur District, Andhra Pradesh 2, District Collector, Prakasam District, District Collectorate Office, Ongole. 3. Joint Collector, Prakasam District, District Collectorate Office, Ongole. 4, Sub-Collector, Markapuram, Prakasam District
5. Tahasildar, Markapuram, Prakasam District. 6. Perumalla Srinivasa Rao, S/o Veeraiah , aged 56years, R/o D;No. 7325 Peram Bazar, 7th ward, Markapur, Prakasam Distirct
7. Nukala Murali Krishna, S/o Chenehaiah, Aged 36 years, R/o Flat No. 305, Akruti Nivas D. NO. 721764 and 1765 Czech colony, Sanath Nagar, Hederabad. 8. Tallapally Prasad, S/o Adinarayana, Aged 56 years, R/o 7th ward, Markapur, Prakasam Distirct
9. V.V.S Mallikharjuna Rao, S/o Subramanyam, aged about 61 years, R/o 6th ward, Markapur, Prakasam Distirct. Nagabhairava Medhini Devi., W/o Ravindranath Tagore, Aged about 76 years, R/o Flat No. 303 K K Mights apartment, D.No. 1053/4, Masabtank Hyderabad, Telangana. Kodali Vidullatha, W/o Ramakrishna, aged about 53 years, R/o Flat No. 303 K K Mights apartment, D.No. 1053/4, Masabtank Hyderabad, Telangana.
Veligandia Sai Poorna, W/o Venkataramana, aged about 50years, R/o D.No. 40, Magadha Village, C B I T Gandipet Road, Kokapet, Hederabad
10. 11. 12. ...Respondents
%1 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 to issue writ or direction or an order particularly in the nature of the Writ of Mandamus directing the respondents to consider the application vide special registration no 1196/04.01.2025, of markapur village, prakasham District of the Petitioners for mutation of their names and issue pattadar passbooks in favour of them in Sy.No.s 1475 to 1483 of Markapur Village/Taluk, the inaction of the respondents is illegal, arbitrary and contrary to the provisions of the Section 5 of AP Right in Land and Pattadar passbooks Act. 1971, rules made there under, and consequently direct the respondents to cancel the mutation of revenue records, pattadar passbooks of Perumala Srinivasa rao and others and to issue pattadar passbooks in favour of the Petitioners. 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 may be pleased to grant interim direction directing the respondents herein not to dispossess the from Sy.No.s 1475 to 1483 of Markapur Village/Taluk, pending disposal of the main Writ Petition pending disposal of the above writ petition and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. K LAXMANA SASTRY Counsel for the Respondent Nos.
1 to 5: GP FOR REVENUE The Court made the following order:
A APHC010203012025 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: 11417/2025 Between: Chebrolu Issack Alias Ijack and Others ...PETITIONER(S) AND The State Of The Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitloner(S):
1.KLAXMANA SASTRY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11417/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
" to issue a writ or direction or an order particularly in the nature of the Writ of Mandamus to set-aside the endorsement of Tahasilda.r Markapu,r dated 19.04.2025 in proceedings in Rc.C/412/2007, the inaction of the Respondent No.5 is illegal, arbitrary and contrary to the provisions of Section 5 of the AP rights pattadar passbook and rules made thereunder and consequently direct the respondents to consider the application of the Petitioners vide Special Registration No. 1196/2025, dt. 04.01.2025, Markapur Village/Mandal of the Prakasam District for mutation of their names and Issue pattadar passbooks in favour of them In Sy.No.1475-1483 of Markapur Village, Prakasam District and pass orders in accordance with law..."
2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Though the petitioners made several allegations respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the against the
3 respondents to consider and dispose of the Revision Petition dated 19.04.2025 filed by the petitioners. 4. The respondent authorities are ready to dispose of the Revision Petition dated 19.04.2025, pending with them, within a reasonable time. In view of the submissions made by the learned Government Pleader
5. for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^", wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners themselves requested to issue a direction to dispose of the Revision Petition dated 19.04.2025, this Court find no other alternative except to issue such direction. Accordingly, with the consent of both the learned counsel, the present
6.
Writ Petition is disposed of, with a direction to the respondent authorities to consider and dispose of the Revision petition dated 19.04.2025 filed by the petitioners, in accordance with law, after providing opportunity of hearing to both the parties, within a period of four (04) months from the date of receipt of a copy of this order. In the meanwhile, status-quo obtaining as on today shall 2019 (8) SCALE 544
4 . be maintained by all the parties concerned in respect of possession of the subject property. There shall be no order as to costs. Consequently, Miscellaneous Petitions petition shall stand closed. if any, pending in the writ \ Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR gf^lSF //TRUE COPY// . SE FFICER To 1- The Principal Secretary,Revenue Department Andhra Pradesh, Velagapudi, Guntur
2. District Collector, Prakasam
3. Joint Collector, Prakasam District
4. Sub-Collector, Markapuram
5. Tahasildar, Markapuram, Prakasam
6. One CC to Sri. K Laxmana Sastry Advocate
7. Two CCs to GP for Revenue
8. Three CD Copies GSC Secretariat, State of the District, Andhra Pradesh District, District Collectorate Office Ongole. District Collectorate Office, Ongole. Prakasam District District. fOPUC] High Court Of Andhra Pradesh. [OUT]
HIGH COURT DATED:05/05/2025
ORDER WP.No.11417 of 2025 J uWN 21)25 a DISPOSING THE WP WITHOUT COSTS