Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 4735 (AP)

SRIKAKULAPU SATYA RAO v. THE STATE OF AP

WP/2097/2025 · 2025-02-13

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2097 OF 2025 Between: 1. Srikakulapu Satya Rao, S/o. late Kameswara Rao, aged about 70 years, Occ: Business, R/o. Door No. 1-2, Kothakota Post and Village, Ravikamatham Mandal, Anakapalli District. 2. Kalagarla Devi, W/o. Kalagarla Radha Krishna, Aged 43 years, Occ: House wife, R/o. Door No. 18-28, Garuvu Street, Kothakota Post and Village, Ravikamatham Mandal, Anakapalli District. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh 2. The District Collector, Anakapalli District, Anakapalli. 3. The Revenue Divisional Officer, Narsipatnam, Anakapalli District. 4. The Tahsildar, Rolugunta Mandal, Anakapalli District. 5. The Village Revenue Officer, Gurrampeta Village, Rolugunta Mandal, Anakapalli District. 6. Allu Jagada, W/o .Narasimha, Age not known to the petitioner, Occ Cultivation, R/o. Gurrampeta Village, Rolugunta Mandal, Anakapalli District. ...RESPONDENTS 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 an order, writ or direction more particularly in the nature of WRIT OF MANDAMUS under Article 226 of the Constitution of India declaring the action of the respondents No. 1-4 in mutating name of the 6th respondent in Form 1-B (RoR) Record by deleting the names of the petitioners without any notice to petitioners and without proper enquiry in respect of land admeasuring Ac.0.91 cents in Survey No.3-3 situated at Gurrampeta Village of Rolugunta Mandal, Anakapalli District as illegal, arbitrary, violative of principle of natural justice and violative of Articles 14, 21 and 300 A of Constitution of India and also violative of Andhra Pradesh Rights in Land and Pattadhar Pass Books Act, 1971 and consequently direct the respondents to restore the names of the petitioners as per Fasli 1432 by deleting the name of 6th respondent in 1-B (RoR) Record in respect of the above said land. 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 respondent revenue authorities to restore the names of the petitioners as per Fasli 1432 by deleting the name of 6th respondent in 1-B (RoR) Record in respect of land admeasuring Ac.0.91 cents in Survey No.3-3 situated at Gurrampeta Village of Rolugunta Mandal, Anakapalli District forthwith, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI N. RAMESH BABU Counsel for the Respondent Nos. 1 to 5: SRI K.ARJUN CHOWDHARY, ASST.GP FOR REVENUE Counsel for the Respondent No.6: The Court made the following: ORDER k APHC010036122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2097/2025 Between; 1.SRIKAKULAPU SATYA RAO, S/0. LATE KAMESWARA RAO, AGED ABOUT 70 YEARS, OCC BUSINESS, R/0. DOOR NO.1-2, KOTHAKOTA POST AND VILLAGE, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. 2.KALAGARLA DEVI, W/0. KALAGARLA RADHA KRISHNA, AGED 43 YEARS, OCC HOUSE WIFE, R/0. DOOR NO. 18-28, GARUVU STREET, KOTHAKOTA POST AND VILLAGE, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH 2.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. AT 3.THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT. 4.THE TAHSILDAR, ROLUGUNTA MANDAL, ANAKAPALLI DISTRICT. 5.THE VILLAGE REVENUE OFFICER, GURRAMPETA VILLAGE, ROLUGUNTA MANDAL, ANAKAPALLI DISTRICT. 6.ALLU JAGADA, W/0. NARASIMHA, AGE NOT KNOWN TO THE 2 PETITIONER, OCC CULTIVATION, R/0. GURRAMPETA VILLAGE ROLUGUNTA MANDAL, ANAKAPALLI DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner(S): 1.RAMESH BABU NELATURI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Ramesh Babu, learned Counsel for the Writ Petitioners, Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue. The present Writ Petition is filed challenging the mutation undertakenby the Official Respondents wherein the names of the Writ Petitioners have been removed and the name of Unofficial Respondent No.6 has been included without any Notice to the Writ Petitioners and without following due process of 2. law. U/c/e Order dated 29.01.2025, this Court had directed the learned Assistant Government Pleader to obtain Written Instructions, this Court had directed all the parties not to create any third party rights. 3. Sri K. Arjun Chowdhary, learned Assistant Government Pleader has submitted the Written Instructions furnished by the Tahsildar of Rolugunta, dated 12.02.2025. Copy of it is served on the Counsel for the Writ Petitioners as well and the same is taken on record. The relevant portion of the said Written Instructions is usefully extracted hereunder: 4. “It is further submitted that, in re-survey, the land an extent of Ac.0.60 cents in Sy.No.3-3 of Gurrampeta village of Rolugunta mandal placed in the name of Sri.Allu Ramana s/o Dali Naidu resident of Gurrampeta Village and the remaining extent in Sy.No.3-3 placed in 3 the name of Smt.Allu.Jagada w/o Narasaimha the 6th respondent here in. It is submitted that, the Tahsildar Rolugunta has issued notice vide Rc.no 64/2025/SA/t 03.02.2025 to the petitioners and Sri.Allu Ramana s/o DaliNaidu and Smt.Allu.Jagada w/o Narasimha to attend enquiry. The petitioners are attended but the 6th respondent and Allu Ramana s/o DaliNaidu are not attended. Now, the issue is under enquiry. It is humbly submitted that. After completion of enquiry and as per ROR act the names of the rightful owners will be mutated in webland adangal." The above extract would indicate that during the resurvey the land of an extent of Ac.0.60 cents in Sy.No.3-3 of Gurrampeta Village of Rolugunta Mandal was placed in the name of Sri Allu Ramana and the remaining extent in Sy.No.3-3 was placed in the name of Smt. Allu Jagada (Respondent No.6 herein). It also transpires from the extract that the Tahsildar of Rolugunta had issued Notice to the Writ Petitioners, the 6^'^ Respondent and one Smt. Allu Ramana on 03.02.2025. The Written Instruction would also state that the Writ Petitioners attended the Enquiry but the 6*'^ Respondent as well as Sri Allu Ramana did not attend the Enquiry. It is also stated that the case of the Writ Petitioners is now under the process of Enquiry. 5. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Official Respondents to complete the Enquiry and pass a Speaking Order within a period of eight (08) weeks from today in accordance with law and communicate a copy of such Order to all the interested parties including the Writ Petitioners as well as Respondent No.6 and Sri Allu Ramana. 6. Since the Written Instructions had stated that the Respondent as well as Sri Allu Ramana did not attend the Enquiry, in order to comply the principles of Natural Justice, there shall be a direction to the Official Respondents to issue one more Notice to the said parties indicating that if 7. 4 te they do not attend the Enquiry on the scheduled date, the Respondent Officials shall proceed with the Enquiry Ex parte and pass Orders in accordance with law. Needless to state that the Official Respondents are statutorily obligated to issue advance Notice to all the interested parties, consider their submissions/objections and documents, if any, before passing the final order, of this Order to the 8. directed to submit a copy (Respondent No,3) and Tahsildar (Respondent week from today, for effective compliance. Writ Petitioners are 9. Revenue Divisional Officer No.4) within one With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 10. if any, stand closed in terms of this order. Sd/- N. NAGAMMA assistant, register Interlocutory Applications 11. //TRUE COPY// SECTION OFFICER To The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, at Velagapudi, Amaravati, Andhra 1. Pradesh. 2. The District Collector, Anakapalli District, Anakapalli. Revenue Divisional Officer, Narsipatnam, Anakapalli District. 3. The 4. The Tahsildar, Rolugunta Mandal, Anakapalli District. 5. The Village Revenue Officer, Gurrampeta Village, Rolugunta Mandal Anakapalli District. 6. Allu Jagada, W/o .Narasimha, Age not known to the petitioner, Occ; R/o. Gurrampeta Village, Rolugunta Mandal, Anakapalli Cultivation District. 7. One CC to Sri N. Ramesh Babu, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. gi HIGH COURT DATED:13/02/2025 ORDER S’ 2 5 FEB 2C25 | ^ Current Section WP.No.2097 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS