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2025 DAILYLAW 48083 (AP)

YERRAMA NAYUNI REDDEPPA v. THE STATE OF ANDHRA PRADESH

WP/24758/2025 · 2025-09-14

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010480182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 24768/2025 Between: 1. S GEETHA, W/O HEMADRI REDDY, D/O SRINIVASA REDDY, AGED ABOUT 38 YEARS. WORKING AS SOFTWARE ENGINEER, NO. 15, 1ST MAIN, 2ND CROSS, MUTTURAYASWAMY LAYOUT, DODDABOMMASANDRA, VIDYARANYAPURA POST, BANGALORE, KARNATAKA STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, , PUTTAPARTHI, SRI SATHYA SAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, , PUTTAPARTHI, SRI SATHYA SAI DISTRICT. 4. THE TAHSILDAR, CHILAMATHUR MANDAL, SRI SATHYA SAI DISTRICT. 5. S VIJAYAMMA, W/O RAMAKRISHNA REDDY AGED ABOUT 60 YEARS. CULTIVATION. R/O PAPIREDDIPALLI, H/O BUDLI, GORANTIA MANDAL. 6. S THANUJA, D/O RAMAKRISHNA REDDY MAJOR, CULTIVATION. R/O PAPIREDDIPALLI, H/O BUDLI, GORANTIA MANDAL. 2 7. S PRAVEENA, W/O PRAKASHA REDDY, MAJOR R/O PLOT NO. 401, GANESH TOWERS, ANNAPURNA RESIDENTIAL STREET, CURRENCY NAGAR, VIJAYAWADA 8. SMT SIVAMMA, W/O LATE VENKATASIVAREDDY, AGED ABOUT 58 YEARS CULTIVATION, R/O PAPIREDDYPALLI, H/O BUDILI. GORANTIA MANDAL. SRI SATHYA SAI DISTRICT. 9. S SREENIVASA REDDY, CULTIVATION, R/O PAPIREDDYPALLI, H/O BUDILI. GORANTIA MANDAL SRI SATHYA SAI 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 tomay be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus particularly against the respondents No. 3 and 4 in attempting to issue Form- 1B, Pattadar Pass Books and Title Deeds to respondents 5 to 9 by mutating their names for the lands in S.No.Ill admeasuring Ac. 10.46 cents, in S.No.112 admeasuring Ac.8.00 cents, in S.No. 114-3 admeasuring Ac.4.69 and in S.No. 126-2 admeasuring Ac.3.20 located in Chagaleru Revenue Village, Chilamattur Mandal, R.D Hindupur, S.R.D of Chilamattur, Sri Sathya Sai District, ignoring the right and title of the petitioner in respect of her 36/400 share without her knowledge and notice, before such proceedings of issuing Form-1 B, Pattadar Pass Book and Title Deed to respondents 5 to 9 for the aforementioned lands ignoring her oral and written representations through Spandana and the legal notice issued to 4th respondent by the petitioner which is arbitrary, illegal and against to the principles of natural justice and consequently direct the 4th respondent to keep the subject land in dispute register till the disposal of the suit in O.S No.38 of 2016 pending on the file of the Senior Civil Judge Court, Penukonda, Sri Sathya Sai District, Puttaparthi and to pass such IA 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 direct the respondents 2 and 4 not to issue 1-B, Pattadar Pass Book and Title Deed by mutating the names of respondents 5 to 9 in respect of the subject land and to keep the same in dispute register till the disposal of the O.S No.38 of 2016 on the file of the Senior Civil Judge Court, 3 Penukonda Sathya Sai District, Puttaparthi, pendency of the Writ Petition suit in Sri and to pass such Counsel for the Petitioner: 1. S KRISHNA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GHANTA SRIDHAR 3. N RANGA REDDY The Court made the following: 4 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <…to issue an appropriate writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of Respondent Nos.3 and 4 in attempting to issue Form-1B, Pattadar Pass Books and Title Deeds in favour of Respondent Nos.5 to 9 by mutating their names in respect of the lands situated in S.No.111 admeasuring Ac.10.46 cents, S.No.112 admeasuring Ac.8.00 cents, S.No.114-3 admeasuring Ac.4.69 cents and S.No.126-2 admeasuring Ac.3.20 cents, located at Chagaleru Revenue Village, Chilamattur Mandal, R.D. Hindupur, S.R.D. Chilamattur, Sri Sathya Sai District, ignoring the right and title of the petitioner in respect of her 36/400 share, without her knowledge and without issuing notice, and without considering her oral and written representations submitted through >Spandana? and the legal notice issued to the 4th respondent, as arbitrary, illegal and violative of the principles of natural justice, and consequently to direct the 4th respondent to keep the subject lands in the Disputed Register till disposal of O.S. No.38 of 2016 pending on the file of the Court of the Senior Civil Judge, Penukonda, Sri Sathya Sai District.= 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for Respondent Nos.1 to 4, and the learned counsel appearing for Respondent Nos.5 to 9. 3. Learned counsel for Respondent Nos.5 to 9 has filed objections contending that earlier the 7th respondent herein approached this Court by filing W.P. No.9733 of 2025, seeking a direction to the respondents to remove the lands in Sy.Nos.111, 112, 114 and 126 from the Disputed Register. The 5 said writ petition was allowed by this Court on 01.08.2025, directing Respondent Nos.4 to 6 therein to delete the subject properties from the Disputed Register forthwith. In pursuance of the said orders, the subject properties were deleted from the Disputed Register. 4. That being so, the petitioner has made an application seeking inclusion of the subject properties in the Disputed Register, which is not maintainable. The respondents have also raised an objection with regard to the maintainability of the present writ petition. 5. As per the Circular issued by the Chief Commissioner of Land Administration (CCLA) dated 01.09.2024, lands shall be entered in the Disputed Register only when a competent authority, either under Section 5(4) or Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, passes an order directing such inclusion. Only upon such an order, the Mandal Revenue Officer / Tahsildar (4th respondent herein) is required to place the land in the Disputed Register. 6. In the present case, no such order has been passed by any competent authority under Section 5(4) or Section 9 of the Act. Even under Section 8(2) of the ROR Act, 1971, unless there is a direction or order from the competent forum, automatic inclusion in the Disputed Register does not arise. 7. It is true that under Rules 1 and 2 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989, properties may be entered in the Disputed Register when disputes relating to rights in land are pending before 6 competent authorities or courts. However, in the instant case, the suit filed by the petitioner in O.S. No.38 of 2016 is only for partition, and there is no specific interim order directing inclusion of the lands in the Disputed Register. 8. Learned counsel for the petitioner, therefore, sought liberty to file an appropriate application before the competent authority or the civil court for redressal of her grievance. 9. In view of the above facts and circumstances, the writ petition is disposed of at the stage of admission, without going into the merits of the case, granting liberty to the petitioner to approach the competent civil court or competent authority in accordance with law. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D. RAMESH 15th December, 2025 cbn 7 206 THE HON’BLE SRI JUSTICE D. RAMESH Writ Petition No.24768 of 2025 15th December, 2025 cbn