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2025 DAILYLAW 48986 (AP)

Smt. D.Vasantha, v. The State of Andhra Pradesh,

WP/5905/2024 · 2025-05-05

T C D Sekhar

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5905 OF 2024 Between: Smt. D.Vasantha, W/o.Chidananda Reddy, Aged about 58 years, R/o. Gudaravupalli Village, Filer Mandal, Annamaiah District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Guntur District 2. The Joint Collector, Rayachoti, Annamayya District, 3. The Revenue Divisional Officer, Madanapalle, Annamayya District. 4. The Tahsildar, Filer, Annamayya District. 5. Patan Gulabjan, W/o. Late Patan Razaak khan, aged about 62 years, R/o.D.No.2-1659, LBS Road, Filer Village and Mandal, Annamayya District, 6. Patan Moulana, S/o. Late Patan Raazkhan, aged about 38 years, R/o.D.No.2-1659, LBS Road, Filer Village and Mandal, Annamayya District, 7. Patan Karishma, W/o. S.Yezdani, aged about 40 years, R/o.D.No.2- 1659, LBS Road, Filer Village and Mandal, Annamayya District, 8. Patan Sahira, W/o.U.Irfan, aged about 36 years, R/o.D.No.2-1659, LBS Road, Piter Village and Mandal, Annamayya District. 9. Shaik Mastan Saab, S/o.Khaleel Saab, R/o.D.No.6-64, Railway Gate Street, Near Janda Maanu, Filer Village and Mandal, Annamayya 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, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the impugned orders of the 2nd respondent passed in the revision vide Ref.No.E1/82/2022 dt.23.12.2023 in mentioning the survey number and extent existing before sub division i.e., sy.No.202/3 Ac.3.00 instead of sy.no.202/5 Ac.2.83 cents of Gudaravupalli Village of Filer Mandal, Anamayya District whereby giving chance to unofficial respondents to interfere with the petitioner neighbouring land in sy.No.202/2 admeasuring Ac.3.00, as illegal arbitrary and consequently direct the 2nd respondent to correct the above survey number and extent existing after sub division. lA NO: 1 OF 2024 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 suspend the operation of the order passed by the 2nd respondent revision in Ref.No.El/82/2022 dt.23.12.2023. Counsel for the Petitioner: SRI K RATHANGA PANI REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 8: SRI RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent No.9: -— The Court made the following: ORDER APHC010110462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5905/2024 Between: Smt. D.vasantha, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.K RATHANGA PANI REDDY Counsel for the Respondent(S): 1.RAMALAKSHMANA REDDY SANEPALLI 2.GP FOR REVENUE % 2 ORDER:- The petitioner claims that she is the absolute owner and possessor of land admeasuring an extent Ac.3.00 cents in Sy.No.202/2 of Gudarevupalle Village, Filer Mandal, Chittoor District, having purchased the same by virtue of registered sale deed dated 26.05.2007. It is her further case that her vendor Sri Y.B.Venkata Reddy, purchased the said land in public auction conducted by Cooperative Society during the year 2005. It is her further case that out of the total extent of Ac.3.00 cents, she alienated an extent of Ac. 1.00 in favor of third parties and retained the remaining extent of Ac.2.00 cents. It is further stated that, her name was mutated in revenue records and she was also issued pattadar passbooks and title deeds by 4^^ respondent. It is further case of the petitioner that, land admeasuring an 2. extent of Ac.2.83 cents in Sy.No.202/5 (old Sy.No.202/3) was resumed by the 4'^ respondent by order dated 26.10.2012, for contravention of the provisions of Act 9 of 77. It is further case of the petitioner that the said land was originally assigned in favor of one Sri S.Khaleel Saheb, who in turn alienated in favor of late Sri Patan Razaak Khan. Thereafter, the legal heirs who are rd respondent Nos.5 to 9 preferred an appeal before the 3 respondent and the same was dismissed by order dated 29.03.2022. Aggrieved by the said order, the respondent Nos.5 to 3 before the 2"^^ respondent and the order dated 23.12.2023 directing the 4'^ 9 preferred revision petition same was allowed by respondent to restore the land in dispute. It is the specific case of the petitioner that, she is nothing to 3. extent of Ac.2.83 cents extent of Ac.3.00 cents). It is further case do with the lands in Sy.No.202/2 to an (old Sy.No.202/3 to an of the petitioner that the 2 revision petition, inadvertently directed to restore the land in respondent while allowing the nd of Ac.3.00 cents in favor of respondent Sy.No.202/3 to an extent Taking advantage of the same, the respondents are Nos.5 to 9. extent of Ac.2.00 trying to interfere with his possession over an of the above ambiguity, the present cent in Sy.No.202/2.ln view writ petition is filed questioning order dated 23.12.2023, passed by the 2"“ respondent, whereunder the survey number was extent of Ac.3.00 cents instead wrongly mentioned as 202/3 to an of Ac.2.83 cents. A counter affidavit is filed of 202/5 to an extent by the 2"“ respondent stating that, the petitioner has not placed show that the respondents are interfering any iota of evidence to with the possession of fhe pefitioner and the same is filed on apprehension. learned learned counsel for the petitioner 4, Heard Government Pleader for Revenue. 4 5. It is not in dispute that the petitioner is the absolute owner of land admeasuring an extent of Ac.2.00 cents in and possessor Sy.No.202/2. It is also not in dispute that, the respondent Nos.5 to extent of Ac.2.83 cents in of the revision petition, the 2 directed to restore the lands in extent of Ac.3.00 cents instead of Sy.No.202/5 9 are claiming right over Sy.No.202/5. While disposing an nd respondent inadvertently Sy.No.202/3 to an to an extent of ac.2.83 cents. The only grievance of fhe pefitioner is that taking advantage of the same the respondents are trying to extent of Ac.2.00 cents in interfere with her possession over an Sy.No.202/2. If the survey number is wrongly mentioned by the 2"“ respondent in order dated 23.12.2023, it is always open to the petitioner to file appropriate application before the said authority clarification/modification petition with regard to the seeking change of survey number which was wrongly mentioned. Instead of filing appropriate application, the petitioner directly approached this court questioning the said order. In view of the same, the present writ petition is disposed of granting liberty to the petitioner to make appropriate application respondent and upon filing of the said application. 6. nd before the 2 the 2"" respondent Is directed to pass appropriate orders within a is needless to mention that period of four (04) weeks thereafter. It is 5 respondent shall afford opportunity of being heard to all the parties before passing orders in the matter. With the above direction, the writ petition is disposed of. There shall be no order as to costs. nd the 2 7. sequel, pending applications, if any, shall stand As a closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, Secretariat, Velagapudi Guntur District The Joint Collector, Rayachoti, Annamayya District, The Revenue Divisional Officer, Madanapalle, Annamayya District. The Tahsildar, Filer, Annamayya District. One CC to Sri K Rathanga Pani Reddy, Advocate [OPUO One CC to Sri Ramalakshmana Reddy Sanepalli, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. 7. 8. TF s HIGH COURT DATED;06/05/2025 ORDER WP.No.5905 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS