DOSAPATHNI VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH,
WP/3111/2025 · 2025-02-25
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5761 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5761 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) TUESDAY. THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3111 OF 2025 Between:
1. Dosapathni Venkateswara Rao, @ Dosapati Venkateswara Rao, S/o Nageswara Rao, Male, Hindu, Age 22 years, D.No.4-1-28, Meka Vari Street, Pithapuram-533450, East Godavari District. 2. Dosapatni Nageswara Rao., S/o late Satyanarayana, Male, Hindu, Age 45 years, D.No.4-1-28, Meka Vari Street, Pithapuram-533450, East Godavari District. 3. Dospatni Sujata, W/o Nageswara Rao, Female, Hindu, Age 41 years, D.No.4-1-28, Meka Vari Street, Pithapuram-533450, East Godavari District. 4. Dospatni Balaji, S/o Nageswara Rao, Male, Hindu, Age 21 years, D.No.4-1-28, Meka Vari Street, Pithapuram-533450, East Godavari District. 5. Dospatni Durga Venkata Lakshmi, D/o. Nageswara Rao, Female, Hindu, Age 18 years, D.No.4-1-28, Meka Vari Street, Pithapuram-
533450. East Godavari District. 6. Polisetti Bhavani, W/o. Ramachandra Rao, Female, Hindu, Age 54 years, H.No. 1-1, Ramayyapatnam-531083, S. Rayavaram Mandal, Peda Gummuluru post, Visakhapatnam District-AP. 7. Polisetti Aparna, D/o Ramachandra Rao, Female, Hindu, Age 37 years, H.No.1-1, Ramayyapatnam-531083, S. Rayavaram Mandal, Peda Gummuluru post, Visakhapatnam District-AP ...PETITIONER’S AND
1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department, Secretariat at Velgapudi, Amaravathi, Guntur District. 2. The District Collector, Collectorate office Anakapalli. 3. The Joint Collector, Collectorate office, Anakapalli District at Anakapalli. 4. The Revenue Divisional Officer, Narsipatnam, Anakapalli District
5. The Thasildar, Mandal Revenue office, Payakaraopeta Payakaraopeta, Anakapalli District. Anakapalli District at Revenue Divisional Office; Mandal, ...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 or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents 2 to 5 to Change the Classification Petitioners land Ac.3.54 cts in Sy. No. 114-2 of Pedarama Bhadrapurarri village, Payakaraopeta Mandal, Anakapalli District which of was wrongly altered in the Web land from Zeroyati land to “AWD Gayalu (Govt.land)” during resurvey 2023 conducted in violation of the sections 5, 6, 13 of the AP Survey and Boundaries Act, 1923 and to consider petitioners representation Dt.
03-07-2024 as wholly illegal, arbitrary, unjust, malafide; unconstitutional, against the principles of natural justice and violation of Article 14 and Article 21 of The Constitution of India and consequently direct the Respondents 2 to 5 to Change the Classification of Petitioners land Ac.3.54cts in Sy. No. 114-2 of Pedarama Bhadrapuram village; Payakaraopeta Mandal, Anakapalli District from “AWD Gayalu (Govt.land) into Zeroyati land in the Web land and to follow the procedure contemplated under law. 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- 2 to 5 to Change the Classification of Petitioners land Ac.3.54 cts in Sy. No. 114-2 of Pedarama Bhadrapuram village, Payakaraopeta Mandal, Anakapalli District from (Govt.land)” to “Zeroyati land” in the Web land and to follow the procedure contemplated under law pending disposal of the above writ petition. Counsel for the Petitioner :SRI. KOTHA NAGA SURYA RAO Counsel for the Respondent No’s. 1 to 5:SRI ARJUN CHOWDARY AGP FOR REVENUE AWD Gayalu The Court made the following ORDER:
APHC010050892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3111/2025 [3328] Between: 1.DOSAPATHNI VENKATESWARA RAO, @ DOSAPATI VENKATESWARA RAO, S/0 NAGESWARA RAO, MALE, HINDU AGE 22 YEARS, D.NO.4-1-28, MEKA VARI STREET, PITHAPURAM- 533450, EAST GODAVARI DISTRICT. 2.DOSAPATNI NAGESWARA RAO., S/0 LATE SATYANARAYANA, MALE, HINDU, AGE 45 YEARS, D.NO.4-1-28, MEKA VARI STREET^ PITHAPURAM-533450, EAST GODAVARI DISTRICT. 3.DOSPATNI SUJATA,, W/O NAGESWARA RAO FEMALE, HINDU, AGE 41 YEARS, D.NO.4-1-28, MEKA VARI STREET, PITHAPURAM- 533450, EAST GODAVARI DISTRICT. 4.DOSPATNI BALAJI,, S/0 NAGESWARA RAO, M ALE, HINDU, AGE D.NO.4-1-28, MEKA VARI STREET, PITHAPURAM- 21 YEARS, 533450, EAST GODAVARI DISTRICT. 5.DOSPATNI DURGA VENKATA LAKSHMI, D/0 NAGESWARA RAO, FEMALE, HINDU, AGE 18 YEARS, D.NO.4-1-28, MEKA VArI STREET, PITHAPURAM-533450, EAST GODAVARI DISTRICT. 6.POLISETTI BHAVANI,, W/O RAMACHANDRA RAO, FEMALE, HINDU, AGE 54 YEARS, H.NO.1-1, RAMAYYAPATNAM-531083, s! RAYAVARAM MANDAL, PEDA GUMMULURU POST VISAKHAPATNAM DISTRICT-AP.
7.POLISETTI APARNA,, D/0 RAMACHANDRA RAO, FEMALE, HINDU, AGE 37 YEARS, H.NO.1-1, RAMAYYAPATNAM-531083, S. RAYAVARAM MANDAL, PEDA GUMMULURU POST VISAKHAPATNAM DISTRICT-AP ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARIAT AT SECRETARY, REVENUE DEPARTMENT,
i 2 VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, ANAKAPALLI DISTRICT AT ANAKAPALLI. 3.THE JOINT COLLECTOR, COLLECTORATE OFFICE, ANAKAPALLI DISTRICT AT ANAKAPALLI. 4.THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, NARSIPATNAM, ANAKAPALLI DISTRICT 5.THE THASILDAR, MANDAL REVENUE OFFICE, PAYAKARAOPETA MANUAL, PAYAKARAOPETA, ANAKAPALLI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S):
1. KOTHA NAGA SURYA RAO Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri Kotha Naga Surya Rao,
learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue.
2. Sri Arjun Chowdary, learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar, Payakaraopeta Mandal, Anakapalli District, dated 24.02.2025. Copy of it is also supplied to the learned Counsel for the Writ Petitioners. The same is taken on record.
3. The Written Instruction would indicate that, in pursuance of the Representation of the Writ Petitioners dated 03.07.2024 (Ex.P.32), the Tahsildar has submitted a detailed Report to the District Collector, vide Proceedings bearing Rc.No.129/2024/SA dated 27.07.2024 through the Revenue Divisional Officer along with the check-list with a recommendation to pass Orders for change of classification of the subject land from ‘AWD Gayalu’ (Govt, land) to ‘Zirayithi land’. Although it is stated that the copy of the Report of the Tahsildar is enclosed, no such Report is enclosed for perusal of the
3 Court. It is stated that the Report of the Tahsildar would be examined by the District Collector, and thereafter, suitable Orders would be passed.
4. Having regard to the above instruction, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merit, with a direction to the competent authority namely the District Collector (Respondent No.2) to consider the case of the Writ Petitioners and pass a Speaking Order in accordance with law within a period of 14 weeks from today and communicate such Order to the Writ Petitioners forthwith. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the Principles of Natural Justice by issuing Advance Notices to all the interested parties including the Writ Petitioners herein and consider their
submissions/objections and documents, if any, before passing the Final Order. Writ Petitioners are directed to submit a copy of this Order along with a copy of Representation dated 03.07.2024 (Ex.P.32) to the Respondent No.2 within one week from today for effective compliance. 4.With these observations and directions, this Writ Petition stands
disposed of. No order as to costs.
5. Interlocutory Applications, if any, stand closed in terms of this order.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ^SECT^^FFICER To,
1. The Principle Secretary, Revenue Department, State of Andhra Pradesh, Secretariat atVelgapudi, Amaravathi, Guntur District.
2. The District Collector, Collectorate office, Anakapalli District at Anakapalli.
3. The Joint Collector, Collectorate office, Anakapalli District at Anakapalli.
4. The Revenue Divisional Officer, Revenue Divisional Office, Narsipatnam, Anakapalli District
5. The Thasildar, Mandal Revenue office, Payakaraopeta Mandal, Payakaraopeta, Anakapalli District.
6. One CC to Sri Kotha Naga Surya Rao Advocate [OPUC]
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7. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
8. Three CD Copies PRK
HIGH COURT DATED:25/02/2025 1 1 MAR 2025 ^ o. o». •^y ^ . Current section ^yy S^spatc*'^'^
ORDER WP.No.3111 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS