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2025 DAILYLAW 46772 (AP)

sake. Lakshmanna, v. The State of Andhra Pradesh

WP/11917/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4. e30sr> IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) A TUESDAY ,THE SIXTH DAY OF MAY ^ TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 11917 OF 2025 PRADESH :: AMARA m Ml O? sSv, NIMMAGADDA Between: Sake. Lakshmanna, S/o. Late Nagappa, Aged about village, Dharmavaram Mandal, Sri Sathya Sai district 80 years, Malkapuram , Andhra Pradesh ...Petitioner/s AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Sri Sathya Sai District, Andhra Pradesh. 3. The Revenue Divisional Officer (RDO), Dharmavaram, Andhra Pradesh. 4. The Thasildar, Dharmavaram, 5. VRO, Kunuthuru, Sri Sathya Sai district. Sri Sathya Sai district, Andhra Pradesh. Andhra Pradesh. ...Respondent/s Petition under Article 226 of the Constitution of India praying that in be pteasTd 'he High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ. order or direction directing the Respondent No. 4 Tahsildar, Dharmavaram Mandal to the Revenue Divisional Officer- i expeditiously complete the enquiry as directed by proceedings L.DS. No. 43(3)72025, in dated 21.01.2025 and submit a report within a fixed time-frame. Counsel for the Petitioner- Counsel for the Respondents; The Court made the following: SRI VENKATESH KOSARAJU GP FOR REVENUE APHC010219212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) &.j<S [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11917/2025 Between: Sake. Lakshmanna, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VENKATESH KOSARAJU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11917/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No.4/ Tahsildar, Dharmavaram Mandat to expeditiously complete the enquiry as directed by the Revenue Divisional Officer in proceedings L.DS.No.43(3)/2025, dated 21.01.2025 and submit a report within a fixed time-frame and to pass such other order or orders....” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the permanent resident of Kunuthuru Village, Dharmavaram Mandal, Sri Sathya Sai District. He further submits that the land admeasuring to an extent of Ac. 15.92 cents in Sy.No.18-4 situated at Kunthuru Village is an ancestral property and the petitioner along with her family members have lawfully inherited from her ancestors. While things stood thus, the petitioner herein to know regarding unauthorised and illegal mutation of several parts of the scheduled land in favour of the third parties without any sale, notice or legal transfer. Aggrieved by the said illegal mutations, the petitioner herein approached respondent No.3, who issued directions to respondent No.4 vide 3. came proceedings dated 21.01.2025 to conduct enquiry and to submit a report. But till date, respondent No.4 neither conducted enquiry nor submitted any report pursuant to the proceedings dated 21.01.2025. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. On the other hand, learned Government Pleader appearing for the respondents furnished written instructions dated 25.04.2025 issued by respondent No.4, wherein, it is stated as follows: ‘As could be seen from the history of the web land, these pattadar pass books are issued in the years 2015 and 2016 by the then Tahsildar’s Dharmavaram. The writ petitioner if perfected by title he is at liberty to file appeal before the appellate authority against the orders of the Tahsildar, Dharmavaram u/s 5(5) and Rule 21(1) of the ROR Act. The alternative remedy is not chosen by the writ petitioner. The alternative remedies are not exhausted to him in this aspect. I request kindly appraise the facts of the case, and see that the writ is dismissed in the interest ofjustice. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents and on perusal of the material placed on record, it is observed that the revenue entries in respect of the subject land were made in the year 2015- 2016 itself in favour of the third parties. It is further observed that considering the same, respondent No.3 issued an endorsement vide proceedings dated 21.01.2025 directing respondent No.4 to conduct survey and pass appropriate orders regarding the claim of the petitioner. Further, once the appellate authority having satisfied and passed orders vide proceedings dated 20.01.2025 to respondent No.4'directing him to conduct enquiry, respondent No.4 is under statutory obligation to conduct enquiry and to pass appropriate orders in compliance of the said proceedings. Therefore, the respondent No.4 is hereby directed to conduct a detailed enquiry pursuant to the endorsement/ proceedings of the respondent No.3 dated 21.01.2025 and pass appropriate orders as per the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971, after providing opportunity of hearing to all the parties concerned,within a period of four (04) months from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary, State of Andhra Pradesh, Department of Revenue, Secretariat, Velagapudi, Amaravathi. The District Collector, Sri Sathya Sai District, Andhra Pradesh. The Revenue Divisional Officer (RDO), Dharmavaram, Andhra Pradesh. The Thasildar, Dharmavaram, Sri Sathya Sai district, Andhra Pradesh. VRO, Kunuthuru, Sri Sathya Sai district, Andhra Pradesh. One CC to SRI. VENKATESH KOSARAJU, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] Three CD Copies To, 1. 2. 3. 4. 5. 6. 7. 8. sree ✓ HIGH COURT DATED;06/05/2025 ORDER w OF WP.No.11917 of 2025 CJl S 17 JUN 2025 m Co DISPOSING OF THE W.P. WITHOUT COSTS