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2025 DAILYLAW 47800 (AP)

KANCHI SUBBA RAO v. The State of Andhra Pradesh,

WP/19647/2021 · 2025-09-16

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

■» r.^ APHC010326802021 IN THE HIGH COURT OF ANDHRA PRADESHf^ AT AMARAVATI (Special Original Jurisdiction) /% 73] O jt./ c>; WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBE TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 19647 OF 2021 Between: Kanchi Subba Rao, S/o.Nancharaiah, aged about 75 Teluguraopalem, Gantasala Mandal, Krishna District. years, R/o. ...Petitioner AND 1. The State of Andhra Pradesh, Through the Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Krishna District, Chilakalapudi, Machilipatnam. 3. Revenue Divisional Officer, Bandar Division, Machilipatanam. Krishna District. 4. The Tahsildar, Gdntasala Mandal, Gantasala, Krishna District. 5. Kanchi Madhusudhana Rao, S/o.Nancharaiah, R/o.D.No.82-4-11, Vidyut Colony, amahendravaram. East Godavari District. Aged Major, A.V.Apparao Road, Raj ...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 appropriate Writ Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3'"'^ Respondent in ROR Appeal bearing No.B 1.173/2021 filed by the Respondent against the Revenue Entries in respect of land an extent of Ac.1- 20 cents in R.S.No.327/3 and an extent of Ac.0-20 cents in R.S.No.327/1A total an extent of Ac. 1-40 cents in Teluguraopalem Village of Gantasala Mandal, Krishna District without their being an order Under Section 5(3) of Act.26 of 1971 of the Primary Authority as arbitrary, illegal and violative of provisions of the Act.26 of 1971 and consequently direct the Respondent not to alter the Revenue entries except in accordance with Law. 5th lA NO: 1 OF 2021 Petition under Sectipn 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in ROR Appeal bearing No.BI .173/2021 before the 3*^*^ Respondent filed by the 5**^ Respondent against the Revenue Entries in respect of land an extent of Ac. 1-20 cents in R.S.No.327/3 and extent of Ac.O-20 cents in R.S.No.327/1A total an extent of Ac. 1-40 cents in Teluguraopalem Village of Gantasala Mandal, Krishna District pending disposal of the above writ petition. an lA NO: 1 OF 2022 Between: 1. The State of Andhra Pradesh, Through the Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Krishna District, Chilakalapudi, Machilipatnam. 3. Revenue Divisional Officer, Bandar Division, Machilipatanam. Krishna District. 4. The Tahsildar, Gantasala Mandal, Gantasala, Krishna District. .. .Petitioners/Respondents 9 AND 1. Kanchi Subba Rao, S/o.Nancharaiah, aged about 75 years, R/o. Teluguraopalem, Gantasala Mandal, Krishna District. ...Respondent/Petitioner 2. Kanchi Madhusudhana Rao, S/o.Nancharaiah, Aged Major, A.V.Apparao Road, Raj R/o.D.No.82-4-11, Vidyut Colony, amahendravaram. East Godavari District. ...Respondents/Respondents (Respondent Nos.2 is not necessary party in this petition) 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 vacate the interim order granted on 08.09.2021 in I.A.No.1 of 2021 in W.P.No.19647 or 2021. Counsel for the Petitipner: SRI SAI GANGADHAR CHAMARTY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI K VENKATESH The Court made the following order: 4^ APHC010326802021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY.THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 19647/2021 Between: 1.KANCHI SUBBA RAO, S/O.NANCHARAIAH, AGED ABOUT 75 YEARS, RIO.TELUGURAOPALEM, GANTASALA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY. DEPARTMENT OF REVENUE. VELAGAPUDI. AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM. SECRETARIAT 3.REVENUE DIVISIONAL OFFICER, BANDAR DIVISION MACHILIPATANAM. KRISHNA DISTRICT. 4.THE TAHSILDAR, GANTASALA MANDAL, GANTASALA. KRISHNA DISTRICT. 5.KANCHI MADHUSUDHANA RAO, S/O.NANCHARAIAH, AGED MAJOR, R/O.D.NO.82-4-11, VIDYUT COLONY, A.V.APPARAO ROAD, RAJ AMAHENDRAVARAM,EAST GODAVARIDISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: I.SAI GANGADHAR CHAMARTY 2 Counsel for the Respondent(S): 1.GP FOR REVENUE 2.KVENKATESH The Court made the following: 3 Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel appearing for the 5*^ respondent. 2. This writ petition was filed questioning the action of the 3'^ respondent in ROR Appeal bearing No.B1.173/2021 filed by the 5*^ respondent against the Revenue Entries in respect of land to an extent of Ac. 1.20 cents in R.S.No.327/3 and an extent of Ac.0.20 cents in R.S.No.327/1, totaling an extent of Ac.1.40 cents in TeluguraopaleiVi Village of Gantasala Mandal, Krishna District, without there being an order under Section 5(3) of Act.26 of 1971 of the Primary Authority. 3. The learned counsel for the petitioner submits that in the absence of the original proceedings of the 4‘^ respondent, the 3'"^ respondent entertained the appeal filed by the 5'^ respondent, for which the petitioner filed objections for the same. 1 I The learned counsel for the 5**^ respondent submits that the 3'^'^ respondent can dispose of the appeal of the 5**^ respondent by following the due procedure. 4. 5. The learned Assistant Government Pleader for respondent Nos.1 to 4 submits that the 3'^^ respondent will dispose of the appeal by following the due procedure. 4 V In view of the above said facts and circumstances, the respondent is directed to dispose of the ROR Appeal bearing N0.BI .173/2021 filed by the respondent with respect to the subject land strictly in accordance with law, giving due opportunity to all the parties concerned including the petitioner and the 5*'' respondent, and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of copy of this order. 6. an Accordingly, this writ petition is disposed of. Interim order, if any, is 7. deemed to have been vacated. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shaii^stand closed. Sd/- N NAGAMMA assistantregistrar 'OFFICER //TRUE COPY// ?; SECT! To 1. The Principal Secretary, State of Andhra Pradesh, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Krishna District, Chilakalapudi, Machilipatnam. 3. Revenue Divisional Officer, Bandar Division, Machilipatanam. Krishna District. 4. The Tahsildar, Gantasala Mandal, Gantasala, Krishna District. 5. One CC to SRI. SAI GANGADHAR CHAMARTY, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. One CC to SRI. K VENKATESH, Advocate [OPUC] 8. Two CD Copies sree HIGH COURT DATED:17/09/2025 ORDER WP NO. 19647 OF 2021 sf 3 I OCT 2025 j| TNCSEMlSwIioiix^^ 3' DISPOSING OF THE W.P. WITHOUT COSTS