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2025 DAILYLAW 49223 (AP)

GOVINDDASU VENKAT RAO v. THE STATE OF ANDHRA PRADESH

WP/19126/2024 · 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 HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 19126 OF 2024 Between: Govinddasu Venkat Rao, S/o. Late Narayana Swamy, aged about 70 years, R/o Maruvada Village, Ranasthalam Mandal, Srikakulam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Revenue Department, Secretariat Building, Secretariat, VelagapUdi, Guntur District, Rep. by its Principle Secretary. 2. The Joint Collector, Srikakulam, Srikakulam District. 3. The Revenue Divisional Officer,'Srikakulam Division, Srikakulam District. 4. The Tahsildar, Ranasthalam Mandal, Srikakulam District. 5. Kadupugotia Appayya, S/o Pydivadu, aged about 70 years, R/o Maruvada Village, Ranasthalam Mandal, Srikakulam 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 be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 4th respondent in not making enquiry and to issue pattadar passbooks in favour of the petitioner for the land in Sy.No.1-6A, 1-6B, 1-7A, 1-6C, 1-6, 1- 8, 1-7, 1-8, 1-9/1 and 1-9/2 to an extent of Ac. 1.00 cts, Ac.No.2.00 cts, Ac.0.29 and Ranasthalam Mandal, may one Ac.0.27 cts, Ac.1.73, Ac.1.00, Ac.0.23, Ac.0.77, Ac.0.78 Ac. 1.00 respectively of Maruvada Village ■^r Srikakulam District NO.1524/2020/D8, pursuant to the orders in Revision Petition"^ dated 30.01.2021 is highly illegal, arbitrary, unoonstitutional, violation of Articles 14, 21 and 300-A of the Constitution Of India and consequently direct the 4th respondent to make enquiry and to issue the pattadar passbooks in favour of the petitioner for the land in Sy.No.1-6A, 1-6B, 1-7A, 1-6C, 1-6, 1-8, 1-7 1-8, 1-9/1 and 1-9/2 to Ac.1.73, Ac.1.00 an extent of Ac.1.00 cts, Ac.No.2.00 cts, Ac.0.27 cts Ac.0.23, Ac.0.77, Ac.0.78, Ac.0.29 and Ac.1.00 Village, Ranasthalam Mandal, Srikakulam District, pursuant to the orders in Revision Petition No.1524/2020/D8, dated 30.01.2021. respectively of Maruvada 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 direct the 4^^ respondent to make enquiry and to issue the pattadar passbooks in favour of the petitioner for the land in Sy.No.1-6A, 1-6B, 1-7A, 1-6C, 1-6, 1-8, 1-7, 1-8, 1-9/1 and 1-9/2 to an extent of Ac. 1.00 cts, Ac.No.2.00 cts, Ac.0.27 cts, Ac.1.73, Ac.1.00 Ac.0.78, Ac.0.23. Ac.0.77, Ac.0.29 and Ac.1.00 respectively of Maruvada Village, Ranasthalam Mandal, Srikakulam District pursuant to the orders in Revision Petition No.1524/2020/D8, dated 30.01.2021 pending disposal of the writ petition. Counsel for the Petitioner: SRI V. V. N. NARAYANA RAO Counsel for the Respondent Nos l to 4: GP FOR REVENUE Counsel for the Respondent No.S.SRI N.N. SOMENDRA REDDY The Court made the following: ORDER 1 APHC010376192024 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: 19126/2024 Between: Govinddasu Venkat Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1. VV N NARAYANA RAO Counsel for the Respondent(S): 1.N N SOMENDRA REDDY 2.GP FOR REVENUE I 2 The Court made the following order: It is the case of the petitioner that, he is the absolute owner and possessor of lands admeasuring to an extent of Ac. 1.00 cents Ac.2.00 cents, Ac.0.27 cents, Ac. 1.73 cents, Ac. 1.00 cents, Ac.0.23 cents, Ac.0.78 cents, Ac.0.29 cents and Ac.1.00 cents in Sy.Nos.1- 6A, 1-6B, 1-7A, 1-6C, 1-6, 1-8, 1-7, 1-8, 1-9/1 and 1-9/2 of Maruvada Village, Ranasthalam Mandal, Srikakulam District. It is further case of the petitioner that, the 4**^ respondent mutated the name of 5 respondent in revenue records over the above lands without issuing notice to him. Questioning the said action, the petitioner preferred an appeal before the 3^*^ respondent, who in turn after hearing the petitioner and the 5*^ respondent passed order dated 25.05.2020, whereunder set aside the mutation made in favor of 5**^ respondent. It is further stated that, the 5‘^ respondent filed revision petition questioning the order dated 25.05.2020 passed by the 3 respondent. th rd The said revision was entertained by the 2'^'^ respondent and after hearing the parties, the said revision petition was partly allowed by the 2"'^ respondent by order dated 30.01.2021, whereby and wheTBunder directed the 4*'^ respondent to make personal enquiry into the matter and issue pattadar passbooks to the persons who are 2. in actual possession of the subject property. It was further directed that, till appropriate orders are passed, the subject land shall be kept in disputed register. It is the further case of the petitioner that, though the said order was passed on 30.01.2021, the 4“^ respondent did not implement the said order and questioning the present writ petition is filed. same the 3. On the other hand, the learned Assistant Government Pleader for Revenue placed written instructions dated 09.09.2024, furnished by the 4'^ respondent. The same is placed on record. On perusal of the said instructions, it is stated that, the subject land is kept under disputed register as per the orders of the 2^^^ respondent. It is further stated that, since there is a civil dispute pending adjudication respondent could not undertake enquiry into the matter. the 4’ 4. Taking into consideration of the submissions of the counsel record, with the consent of all the parties, the present writ petition is disposed of directing the 4‘^ respondent to conduct enquiry and pass appropriate orders in accordance with law, within a period of three (03) months from the date of receipt of copy of this order. There shall be no order as to costs. on 4 As a sequel, miscellaneous applications pending, if any, shall stand closed. ■ RAFI^ //TRUE COPY// To, 1. The Principle Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building, Secretariat, Velagapudi, Guntur District. 2. The Joint Collector, Srikakulam District. 3. The Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 4. The Tahsildar, Ranasthalam Mandal, Srikakulam District. 5. One CC to Sri V. V. N. Narayana Rao, Advocate [OPUC] 6. One CC to N.N. Somendra Reddy, Advocate[OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATE 0:06/05/2025 X 18 lUN W?5 eoj ORDER WP.No.19126 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS