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2025 DAILYLAW 5532 (AP)

DANDA SRINIVSA RAO v. THE STATE OF ANDHRA PRADESH

WP/2616/2025 · 2025-02-04

Gannamaneni Ramakrishna Prasad

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2616 OF 2025 Between: Danda Srinivsa Rao, S/o Narayana @ Hari Narayana, aged about 57 Years, R/o Uppalapadu Village, Pedanandipadu Mandal, Guntur District ...PETITIONER AND The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amarvati Capital City, Guntur District. The Chief Commissioner of Land Administration, Government of Andhra Pradesh Mangalagiri, Guntur District. The District Collector, Palnadu District, Narsaraopeta. The Revenue Divisional Officer, Narsaraopeta, Palnadu District. The Tahsildar, Chilakaluripeta Mandal, Chilakaluripeta, Palnadu 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 appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in not deleting the agricultural land in Sy.No.267 in Gottipadu Village, Chilakaluripeta Mandal, Palnadu District, from the list of prohibited properties under Section 22A of the Registration Act, pursuant to the report submitted by the 5th Respondent to the 3rd Respondent vide proceedings Rc.No.138/2022-A dated 16-5-2022, though the land in Sy.No.267 was declared as Private Patta Land by this Hon'ble Court in W.P.(PIL); 1. 2. 3. 4. 5. ^ 137/2018 dated 14-2-2019 arbitrary, illegal, contrary to law, and in violation of Article 14, 21 and 300A of the Constitution of India and consequently direct the Respondents to delete the land in Sy.No.267 in Gottipadu Village, Chilakaluripeta Mandal, Palnadu District, from the list of prohibited properties under Section 22A of the Registration Act. lA 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 to direct the 3'"'^ Respondent to consider the report submitted by the 5th Respondent vide Rc.No.138/2022-A dated 16-5-2022 and take appropriate decision for deletion of agricultural lands in Sy.No.267 in Gottipadu Village, Chilakaluripeta Mandal, Palnadu District from the list of prohibited properties under Section 22A of the Registration Act pending disposal of the above writ petition. Counsel for the Petitioner: SRI SUBBA RAO KORRAPATI Counsel for the Respondent Nos.1 to 5: SRI K. ARJUN CHOWDHARY AGP FOR REVENUE The Court made the following: ORDER 1 APHC010047092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2616/2025 Between: 1.DANDA SRINIVSA RAO, S/0 NARAYANA @ HARI NARAYANA, AGED ABOUT 57 YEARS, R/0 UPPALAPADU VILLAGE, PEDANANDIPADU MANDAL GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARVATI CAPITAL CITY, GUNTUR DISTRICT. SECRETARIAT, 2.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT. 3.THE DISTIRCT COLLECTOR, PALNADU DISTRICT, NARSARAOPETA. 4.THE REVENUE DIVISIONAL OFFICER, NARSARAOPETA, PALNADU DISTRICT. MANDAL CHILAKALURIPETA TAHSILDAR, CHILAKALURIPETA, PALNADU DISTRICT 5.THE ...RESPONDENT(S): Counsel for the Petitioner: w 2 1.SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Subba Rao Korrapati, learned Counsel for the and Sri K. Arjun Chowdhary, learned Assistant Government Revenue appearing for the Respondent Nos.1 to 5. 2. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written Instructions furnished by the District Collector, Palnadu District, Narasaraopet (Respondent No.3) dated 01.02.2025. Para 5 of the Written Instructions is usefully extracted hereunder: 5. It is further submitted that, the proposals are under verification at District Collectorate and action will be taken as per the existing rules in force.” Writ Petitioner Pleader for 3. The above extract would indicate verification at the District Collectorate and the existing rules in force. that the proposals are under action will be taken as per the 4. Having considered the facts of the Instructions, this Court deems it present case and the Written I appropriate to dispose of the Writ Petition, at the admission stage, without going into the merits, directing the District Collector, Palnadu District, Narasaraopet (Respondent Speaking Order in accordance with law, within No.3) to pass a a period of two (2) weeks from today and communicate a 5. Needless to state that the Respondent No.3 is statutorily obligated to adhere to the principles of Natural Justice, by issuing advance Notice to the Writ Petitioner, consider his submissions/objections and documents, if any. before passing the final order. Writ Petitioner is directed to submit a copy of copy of such Order to the Writ Petitioner forthwith. 3 this Order to the Respondent No.3 within one week from today, for effective compliance. With the above observations and directions, the Writ Petition stands disposed of. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. 6. Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECfTlSi^FFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amarvati Capital City, Guntur District. The Chief Commissioner of Land Administration, Government of Andhra Pradesh Mangalagiri, Guntur District. The District Collector, Palnadu District, Narsaraopeta. The Revenue Divisional Officer, Narsaraopeta, Palnadu District. The Tahsildar, Chilakaluripeta Mandal, Chilakaluripeta, Palnadu District One CC to Sri Subba Rao Korrapati, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb \ HIGH COURT DATED:04/02/2025 ORDER h 15 FEB 2025 WP.No.2616 of 2025 fn) Co/, % . Currsnt Section ^ DISPOSING OF THE W.P. WITHOUT COSTS