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2025 DAILYLAW 50330 (AP)

G LAKSHMI DEVAMMA v. THE STATE OF ANDHRA PRADESH

WP/10812/2025 · 2025-05-04

Venkateswarlu Nimmagadda

body2025

Judgment text

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ft- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10812 OF 2025 Between; G Lakshmi Devamma, W/o. Chandra Sekhar, Aged about Agriculture. Annamaiah District. 35 years, Occ. Ramasamudram Mandal D/-^ R.Nadiiiiifjalie Village, I \/ ...Petitioner/s AND 1. The State of Andhra Pradesh rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Coliector, Annamaiah District. Rayachoti. 3. The Revenue Divisional Officer, Madanapalli, Annamaiah 4. The Tahsildar, Ramasamudram Mandai, Annamaiah District. 5. R. Nadimipallli Village Gram Panchayath, Rep. by its Panchayath Secretary, R. Nadimipalli Village, Ramasamudram Mandal Annamaiah District. 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 be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus inaction on the part of the may respondents No. 2 to 4 in correcting the classification of the land in an extant of Ac. 1.52 Cents in Sy.No.184/5 of R.Nadimipalle Village, Ramasamudram Mandal, Annamaiah District, from 'Bandi Bata' to Patta land inspite of the communication of a copy the Panchayath resolution, dated 01-02-2019 by the respondent No.5, as arbitrary, illegal, colorable exercise of power, abdication of the statutory duty cast upon them, apart from being voilative of fundamental and Constitutional rights guaranteed petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India consequently direct the respondents No. 2 to 4 to correct the classification of the land in an extant of Ac. 1.52 Cents i Village, Ramasamudram Mandal, Annamaiah District from Patta inpersuance of the of Panchayath resolution, dated 01-02-2019 passed by the respondent No.5. to in Sy.No. 184/5 of R.Nadimipalle 'Bandi Bata' to lA NO: 1 OF 2Q2fi 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 respondents No. 2 to 4 to consider petitioner 15-03- 2025, submitted by petitioner for the change of classification for the land in an extant of Ac. 1.52 Cents in Sy.No. 184/5 of R.Nadimipalle Village Annamaiah District from 'Bandi Bata Panchayath resolution, dated 01-02-2019 and take appropriate action on the same pending disposal of the writ petition. representation, dated Ramasamudram Mandal, to Patta inpersuance of the of passed by the respondent No.5 lA NO: 2 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 to direct the respondents No. 2 to 4 not to disposes petitioner from the land in an extant of Ac. 1.52 Cents in Sy.No.184/5 of R.Nadimipalle Village, Ramasamudram Mandal, Annamaiah District, belong to petitioner and pending disposal of the writ petition. Counsel for the Petitioner: SMT. S. PARINEETA Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following: APHC010208132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10812/2025 Between: G Lakshmi Devamma ...PETITIONER AND The State Of A D r-\i lui M a \ I CIUOOJ I VyiMCJIO ...RESPONDENT(S) Counsel for the Petitioner: 1.S PARINEETA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: lo issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus inaction on the part of the respondents No. 2 to 4 in correcting the classification of the land in an extant of Ac. 1.52 Cents in Sy. No. 184/5 Mandal, Annamaiah District, from 'Bandi Bata’ to Patta land inspite of the communication of a copy the Panchayath resolution, dated 01-02-2019 by the respondent No.5, arbitrary, illegal, colorable exercise of power, abdication of the of R.Nadimipalle Village,Ramasamudram as A Statutory duty cast upon them, apart from being voilative of fundamental and Constitutional rights guaranteed to petitioner under Articles 14, 19. 21 and 300-A of the Constitution of India consequently direct the respondents No. 2 to 4 to correct the classification of the land in an extant of Ac. 1.52 Cents i Sy.No.184/5 of R.Nadimipalle Village, Mandal, Annamaiah District from 'Bandi persuance of the of Panchayath resolution, dated 01-02-2019 passed by the respondent No.5,and in Ramasamudram Bata' to Patta in pass 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. Assistant The learned counsel for the petitioner submits that the absolute owner and possessor of the subject agricultural land. 3. petitioner is the admeasuring to an extent of Ac.1.52 cents in Sy. No. 184/5, situated at R. Nadimipalle Village, Ramasamudram Mandal, Annamaiah District and property through a registered Will deed dated having acquired the subject 1986, executed by the petitioner’s mother. Since then, the petitioner has been in continuous possession and enjoyment of the subject property. The petitioner later to know that the subject land poramboke land in the came was erroneously classified as cart track revenue records. For which, the petitioner made a representation to the 4th respondent, i.e., the Tahsildar. Pursuance of which, the 4th respondent, through proceedings dated 21.01.2019 addressed a letter to the Extension Officer, Rural Development, MPDO Office Mandal, requesting meeting be conducted Ramasamudram and a resolution be passed regarding the change in classification of the subject land. Subsequently, the 5th respondent conducted a meeting, and a resolution was passed dated 01.02.2019, stating that the land admeasuring to an extent of Ac. 10.01 cents in Sy. No. 184/5 is identified as cart track. For which, the petitioner submitted another representation dated 15.03.2025 to the 4th respondent, requesting for the classification of the subject land be corrected. However of the petitioner's representation, considered nor issued any further proceedings even after receipt the respondent authorities neither 4. On the other hand, the learned Assistant Government Pleader Revenue appearing for the respondents furnished written instructions dated 24.04.2025 issued by the 4*^ respondent wherein it is stated as follows:- for “it is submitted that the respondent No. 5 has passed the Panchayat Resolution for assignment of Objectionable Government G.Lakshmidevamma by mentioning the Sy.No.184/5 with a total extent of Ac. 10.01 cents as Bandi Dhaarl. In fact, the said Sy. No. 184/5 was not entered in SLR/FMB of R.Nadimpalli village, Ramsamudram Mandal. said resolution was filed to observe that the same may passed in the presence of revenue officials as the same was vested with the Government. Therefore, it was clearly evident that the panchayath resolution passed by the 5'^ respondent vide 58/2019 dated becomes null and void and the cancellation”. Poramboke in favour of Smt The 01.02.2019 same is liable for “Therefore, It was clearly evident that the writ petitioner have approached this Honble High Court of Andhra Pradesh, Amaravathi with mollified intentions by suppressing the facts that the schedule objectionable land is which is same was under government poramboke prohibited for Assignment and also the enquiry before the Hon’ble institution of Lokayuka of Andhra Pradesh, Kurnool in C.No.1381/2023/B2”. 5. Having regard to the submissions made by the learned petitioner and the learned Assistant Government counsel for the Pleader for Revenue appearing for the respondents, on perusal of the material available this court is of the considered on record, opinion that, the present writ petition can be disposed of by directing the respondent authorities to consider the pass appropriate order in was passed by the 5 respondent dated 01.02.2019 and 21.01.2019 after providing an opportunity of hearing to the petitioner and other stake holders if any within a period of three months from the date of receipt of the copy of this order. representation of the petitioner 15.03.2025 and accordance with law with reference to the resolution th 6. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if t- petition shall stand closed. any, pending in the writ Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// /’ / SECTION OFFICER To 1. The Principal Secretary State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Annamaiah District, Rayachoti. 3. The Revenue Divisional Officer, Madanapalli, Annamaiah District. 4. The Tahsildar, Ramasamudram Mandal, Annamaiah District. 5. The Panchayath Secretary, R. Nadimipallli Village Gram Panchayath R. Nadimipalli Village, Ramasamudram Mandal Annamaiah 6. One CC to SMT. S PARINEETA, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court Of Andhra 8. Three CD Copies Sree (gsg) District. Pradesh. [OUT] T "t HIGH COURT DATED:05/05/2025 ORDER WP.No.10812 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS