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2025 DAILYLAW 5748 (AP)

METLA SIVA NAGESWARAMMA v. THE STATE OF ANDHRA PRADESH

WP/3089/2025 · 2025-02-07

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATL (Special Original Jurisdiction) FRIDAY. THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAS^ WRIT PETITION NO: 3089 OF 2025 Between: 1. Metia Siva Nageswaramma, W/o. Rajendra Prasad, Aged 60 Occ: Cultivation, R/o. Cheruvu Jammupalem Village, Bapatia Mandal, Bapatia District (formerly Prakasam District). 2. Nallamothu Siva Chandra Rani, W/o. Prasad, Aged 58 years, Occ Cultivation, R/o. Cheruvu Jammupalem Village, Bapatia Mandal, Bapatia District (formerly Prakasam District). years. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Bapatia District at Bapatia (formerly Prakasam District). 3. The Revenue Divisional Officer, Bapatia Revenue Division. Bapatia. Bapatia District (formerly Prakasam District). 4. The District Registrar, Bapatia, Bapatia District (formerly Prakasam District). 5. The Tahsildar, Bapatia Mandal, Bapatia District (formerly Prakasam District). 6. The Tahsildar, Parchuru Mandal, Bapatia District (formerly Prakasam District). 7. The Sub-Registrar, Bapatia, Bapatia District (formerly Prakasam District). 8. The Sub-Registrar, Parchuru, Bapatia District (formerly Prakasam District). 9. Ramineni Laksmi Tulasamma, W/o. Late Nageswar Rao, Aged 64 years, Occ Housewife, R/o. 6-63, Cheruvu Jammulapalem Post, Bapatia Mandal, Bapatia District. 10. Sringavarapu Srinivasa Kumari, W/o. Achyuta Ramaiah, Aged 52 years, Occ Housewife, R/o. Kodalivaripalle, Karamchedu Mandal, Bapatia District. 11. Ramineni Veerabramham, S/o. Late Nageswar Rao, Aged 46 years, Occ Cultivation, R/o.6-63, Cheruvu Jammulapalem Post, Bapatia Mandal, Bapatia District. 12. Ramineni Ratna Babu, S/o. Babu, S/o. Late Nageswar Rao, Aged 44 years, Occ Cultivation, R/o. R/o. 6-63, Cheruvu Jammulapalem Post, Bapatia Mandal, Bapatia 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents more particularly Respondent No.5 to 8 in not responding over petitioners representation dated 19.12.2024 submitted requesting to place the suit scheduled properties mentioned under Schedule ‘A’ to ‘F’ in O.S.No.32 of 2018 on the file of Hon’ble Court of III Additional District Judge (FTC) Ongole, under Dispute Register and not to entertain any document of conveyance relating thereto for registration by creating third party rights as illegal, irregular, irrational and amount to non-discharge of legal obligation conferred on them under provisions of Registration Act, 1908 and Rules framed thereunder and offends Articles 14, 21 and 300-Aof the Constitution of India and consequently direct the Respondents more particularly Respondent No.5 to 8 to place the said properties under Dispute Register without allowing any deed of conveyance relating thereto for registration by creating third party rights. 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 Respondents more particularly Respondent No. 5 to 8 not to allow registration of any documents of conveyance for registration in respect of suit schedule properties in O.S.No.32 of 2018 on the file of court of learned III Addl. District Judge (FTC) Ongole, as communicated by way of representation dt. 19.12.2024 submitted by the petitioners by record the same in dispute properties register, pending disposal of main writ petition. Counsel for the Petitioners: M/s. NIMMAGADDA REVATH.I Counsel for the Respondent Nos.1,2,3,5 & 6: GP FOR REVENUE Counsel for the Respondent Nos.4,7 & 8: GP FOR STAMPS & REGISTRATION Counsel for the Respondent Nos.9 to 12:-- The Court made the following: ORDER .. APHC010049712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I [3328] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3089/2025 Between; 1.METLA SIVA NAGESWARAMMA, , W/0. RAJENDRA PRASAD, AGED 60 YEARS, OCC CULTIVATION, R/0. CHERUVU JAMMUPALEM VILLAGE, BAPATIA MANDAL, BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). 2.NALLAMOTHU SIVA CHANDRA RANI,, W/0. PRASAD, AGED 58 YEARS, OCC CULTIVATION, R/0. CHERUVU JAMMUPALEM VILLAGE, BAPATIA MANDAL, BAPATIA DISTRICT (FORMERLY PRAKASAM DISTRICT). ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARY SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATLA (FORMERLY PRAKASAM DISTRICT). 3. THE REVENUE DIVISIONAL OFFICER, BAPATLA REVENUE DIVISION, BAPATLA, BAPATIA DISTRICT (FORMERLY PRAKASAM DISTRICT). 4. THE DISTRICT REGISTRAR, BAPATLA, BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). (FORMERLYPRAKASASTRICTr^''^’ ^ (FORMERLY PRAKASAM DISTR^ctT^^^'" DISTRICT " PRMaTaM ^'STRICT (FORMERLY 8. THE SUBREGISTRAR (FORMERLY PRAKASAM 9- RAMINENI LAKSMI AGED 64 YEARS, JAMMULAPALEM POST PARCHURU DISTRICT). BAPATLA district tulasamma, w/o. occ housewife late NAGESWAR RAO, BAPATLA MANDAL, BAPATLA DISTRIC-t'^ RAMAIAH, KODALIVARIPALLE """EARS^TcrHOUS^EWIFE KARAMCHEDU MANDAL, BAPATLA DISTRICT. R/0. 11. RAMINENI VEERABRAMHAM 46 YEARS, JAMMULAPALEM POST ’ LATE NAGESWAR CULTIVATION, r BAPATLA MANDAL, RAO, AGED CHERUVU OCC R/0.6-63, BAPATLA DISTRICT. 12. RAMINENI RATNA RAO, AGED 44 district. BAPATLA MANDAL, BAPATLA ■ •.RESP0NDENT(S): Counsel for the Pefifioner(S): 1.NIMMAGADDA REVATHI Counsel for the 1.GP FOR REVENUE 2.GP for REGISTRATION The Court made the following: Respondent(S): and stamps 3 ORAL ORDER: Heard Ms. Nimmagadda Revathi, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Registration & Stamps. Sri K. Arjun Chowdhary, learned Assistant Government Pleader has submitted the Written Instructions furnished by the Tahsildar of Parchur Mandal, dated 05.02.2025 and the Written Instructions of Tahsildar, Bapatia Mandal, dated 06.02.2025. Both the Written Instructions are supplied to the learned Counsel for the Writ Petitioners and the same are taken on record. In the Written Instructions furnished by the Tahsildar of Parchur Mandal, dated 05.02.2025, it is stated that the Tahsildar has already conducted an enquiry and submitted a Report to the Joint Collector through Revenue Divisional Officer seeking to accord permission to keep the suit schedule lands in the Dispute Register. Insofar as the suit schedule land situated at Bapatia Mandal, it is stated by the Tahsildar that the same is under enquiry. 2. 3. Having regard to the fact that the Writ Petitioners have filed a Partition Suit bearing O.S.No.32 of 2018, thereafter they have filed W.P.No.8334 of 2024 seeking a direction to the Official Respondents not to mutate the names of the Unofficial Respondents (Defendants) in the Suit. Vide Order dated 06.05.2024, a learned Single Judge of this Court had disposed of the same (Ex.P3) with certain directions. While so, the Interlocutory Application bearing I.A.No. 119 of 2023 which is filed by the Writ Petitioners came to be allowed by the Trial Court on 29.10.2024 (Ex.P2), directing the Defendants therein not to alienate the suit schedule property. 4. It is stated by the learned Counsel for the Writ Petitioner that on the earlier occasion, when the Unofficial Respondents have attempted to mutate the land, the Writ Petitioners herein have submitted Representation to the Revenue Authorities to keep the suit schedule properties in the Dispute Register and a similar Representation was/also made to the Registration 5. Authorities to ensure that no Registration wouid take place in order to prevent he Unofficial Respondents from creating third party rights. I 6. Having considered these facts, dispose of this Writ Petition with to dispose of the Representation this Court deems it appropriate to a direction to the Official Respondents herein submitted by the Writ Petitioner .12.2024 (Ex.P1) by passing a Speaking Order i within a period of four (04) weeks from dated in accordance with law, today and communicate a copy of such Proceedings to the Writ Petitioner forthwith. 7. Needless to state the Official Respondents 29 wT-/ irr 29.10.2024 ,n I.A.No.119 of 2023 in O.S.No.32 of 2018 while order. shall take into consideration the passing the final 8. With these observations disposed of. No order as to costs. 9. Interlocutory Applications, if any, stand closed i and directions, this Writ Petition stands in terms ^this order. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Andhra Pradesh, Secretariat, 2. The District Collector, Bapatia District District). 3. The Revenue Divisional Officer, r Bapatia District (formerly Prakasam 4. The District Registrar, Bapatia, District). 5. The Tahsildar,, Bapatia Mandal, District). 6- The Tahsildar District). Revenue Department, State Amaravathi, Guntur District. of at Bapatia (formerly Prakasam Bapatia Revenue Division, Bapatia District). Bapatia District (formerly Prakasam Bapatia District (formerly Prakasam Parchuru Mandal, Bapatia District (formerly Prakasam 7. The Sub-Registrar, Bapatia, Bapatla District (formerly Prakasam District). 8. The Sub-Registrar, Parchuru, Bapatla District (formerly Prakasam District). 9. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. ssb HIGH COURT r^*-' if DATED:07/02/2025 ORDER WP.No.3089 of 2025 2 5 FEB 2025 . Current deciion * ^ o\ £P 'Tl C9< DISPOSING OF THE W.P. WITHOUT COSTS