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2025 DAILYLAW 5019 (AP)

D. Somayajulu @ Somanjaneyulu, v. The State of Andhra Pradesh

WP/2207/2025 · 2025-01-30

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2207 OF 2025 Between: D. Somayajulu @ Somanjaneyulu, S/o. D. Jayaramudu @ Jayanna, Aged about 45 years, Occ- Agriculture, R/o. No. 1/30, B.C. Colony, Kojjepalli Village, Gooty Mandal, Ananthapuram District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department. Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Ananthapuramu, District, Ananthapuram. 3. The Joint Collector, Ananthapuramu, Ananthapuramu District. 4. The District Revenue Officer, Ananthapuramu, Ananthapuram District. 5. The Tahsildar, Gooty Mandal, Ananthapuram District. 6. Golladoddi Hanumappa, S/o. Late Hanumanna, Aged about 61 years'; Occ- Business, R/o. Kojjepalli Village, Gooty Mandal, Ananthapuram district. 7. Gollaladoddi Jayaramudu, S/o. Late Hanumanna Aged about 56 years, Occ- Business, R/o. Kojjepalli Village, Gooty Mandal, Ananthapuram 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 r f be pleased to issue an appropriate Writ or Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in taking steps for issuance of Pattadar Pass Book and more Title Deed over the petitioners property of Agriculture land admeasuring Ac. 4.06 cents in Sy. No. 172 situated at Kojjepalli Village, Gooty Mandal, Ananthapuramu District in favour of the respondents No. 6 and 7 herein while pending the Revision Petition before the Joint Collector, Ananthapuram is as illegal, arbitrary, violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the 5th Respondent not to take any coercive steps in issuance of the Pattadar Pass Book and Title in favour of the Respondents No. 6 and 7 in respect of the petitioners property i.e., an extent of Ac. 4.06 cents in Sy. No. 172 of Kojjepalli Village, Gooty Mandal, Ananthapuramu District until finalizing the Revision Petition pending before the 3rd Respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 5*^^ Respondent not to take any coercive steps in issuance of the Pattadar Pass Book and Title in favour of the Respondents No. 6 & 7 in respect of the petitioner’s property I.e., an extent of Ac. 4.06 cents in Sy. No. 172 of Kojjepalli Village, Gooty Mandal, Ananthapuramu District until finalizing the Revision Petition pending before the 3'"^ Respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI G M SWAMULU Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent Nos. 6 & 7: — The Court made the following: ORDER APHC010040772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND. AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2207/2025 Between: 1.D. SOMAYAJULU @ SOMANJANEYULU JAYARAMUDU @ JAYANNA, AGED ABOUT 45 YEARS, OCC- AGRICULTURE, R/0. NO. 1/30, B.C. COLONY, VILLAGE, S/0. D. }} KOJJEPALLI ANANTHAPURAM DISTRICT.V GOOTY MANUAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. REVENUE DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, ANANTHAPURAMU, DISTRICT, ANANTHAPURAM. 3.THE JOINT COLLECTOR, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 4.THE DISTRICT REVENUE OFFICER, ANANTHAPURAMU, ANANTHAPURAM DISTRICT. 5.THE TAHSILDAR, GOOTY MANDAL, ANANTHAPURAM DISTRICT. 6.GOLLADODDI HANUMAPPA, S/0. LATE HANUMANNA, AGED ABOUT 61 YEARS, OCC- BUSINESS. VILLAGE, R/0. KOJJEPALLI ANANTHAPURAM DISTRICT. MANDAL, GOOTY 2 \ 7.G0LLALAD0DDI JAYARAMUDU HANUMANNA AGED ABOUT 56 YEARS BUSINESS, R/O. KOJJEPALLI VILLAGE MANDAL, ANANTHAPURAM DISTRICT. S/0. LATE OCC- GOOTY ...RESPONDENT(S): Counsel for the Petitioner: 1.G M SWAMULU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri G.M.Swamulu, Ld. Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Pleader for Revenue and Land Acquisition, Registration Government Stamps & 2. The prayer sought in the present Writ Petition iIS as under: “Action of the Respondent No.5 in taking steps for issuance of Pattadar Pass Book and Title Deed over the Petitioner’s property of agriculture land admeasuring Ac.4.06 cents in Sy.NoJ72 situated at Kojjepalli Village, Gooty Mandal Ananthapuramu District in favour of the Respondent Nos 6 & 7 here while pending the Revision Petition before Joint Collector, Ananthapuram” the 3. The Ld. Counsel for the Petitioner submits that the Writ Petitioner has filed a Revision Petition challenging the Order of p w 3 the District Revenue Officer/Appellant Authority, Ananthapuramu dated 30.09.2024 (Ex.P2). The Ld. Counsel for the Petitioner would submit that Joint Collector, before whom the Revision is now pending, has neither numbered the Revision Petition (Ex.P1) nor the Interlocutory Application. The Ld. Counsel for the Writ Petitioner would submit that due to non-consideration of the Interlocutory Application seeking stay of the Impugned Order, there is likelihood of the Tahsildar, Gooty Mandal implementing the Orders of the District Revenue Officer to the detriment of the Writ Petitioner herein. It transpires from the record that the Revision Petition was presented by the Writ Petitioner within two months from the date of passing of the Impugned Order dated 30.09.2024 i.e., the Writ 4. Petitioner filed the Revision Petition on 14.12.2024. 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 merits, by directing the Joint Collector (Respondent No.3) to number the Revision Petition and the Interlocutory Application within two weeks from today, and to consider the Interlocutory Application and pass a Speaking Order in accordance with Vf\^a\N within a period of four 5. /'■ 4 (04) weeks thereafter. Needless to state that Respondent No.3 is legally mandated to adhere to the principles of Natural Justice by issuing advance Notice to all the parties, and consider their submissions/ objections and documents, if any, before issuing the Final Proceedings. Having regard to the facts and circumstances of this case 6. this Court further deems it appropriate to suspend the Order in Rc.No.2787/2024/Co-Ordn., dated 30.09.2024. (Ex.P2) passed by the District Revenue Officer/Appellant Authority Ananthapuramu (Respondent No.4), until Respondent No.3 passes a Speaking Order in the Interlocutory Application. The Writ Petitioner is directed to submit a copy of this Order to Respondent Nos.3 to 5 within one week from today, for effective compliance. With these observations and directions, this Writ Petition is 7. disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of 8. this order. Sd/- U.SRI DEVi ASSISTANT REGISTRAR //TRUE COPY// ff ^ SECTION OFFICER To 1. The Principal Secretary, Revenue Department. Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Ananthapuramu, District, Ananthapuram. 3. The Joint Collector, Ananthapuramu, Ananthapuramu District. 4. The District Revenue Officer, Ananthapuramu, Ananthapuram District. 5. The Tahsildar, Gooty Mandal, Ananthapuram District. 6. One CC to Sri G M Swamulu Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:30/01/2025 ORDER WP.No.2207 of 2025 X 2 5 FEB 2025 <2-^ Current Section DISPOSING OF THE W.P., WITHOUT COSTS