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2025 DAILYLAW 57641 (AP)

Kondapalli Sarada v. The State of Andhra Pradesh

WP/25829/2025 · 2025-10-22

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010502072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25829/2025 Between: 1. KONDAPALLI SARADA, W/O. RAJESH (LATE), AGED ABOUT 34 YEARS, OCC HOUSE WIFE, R/O. D.NO. 2-38-17/2, PERRAJU PETA, KAKINADA MANDAL, KAKINADA DISTRICT (ERSTWHILE EAST GODAVARI DISTRICT). 2. MANGA SATYA PRASAD, S/O.MANGA CHANDRA RAO, AGED ABOUT 49 YEARS, OCC BUSINESS, R/O. D.NO. 3-57, VIJAYARAMARAJU PETA, BUCHAYYAPETA MANDAL, VISHAKAPATNAM DISTRICT. 3. GEDDADA RAJESWARA RAO, S/O. NUKA RAJU, AGED 53 YEARS, OCC:CULTIVATION, R/O. D.NO. 24-168, BUTTAIGUDEM ROAD, JANGAREDDYGUDEM VILLAGE AND MANDAL, ELURU DISTRICT(ERSTWHILE WEST GODAVARI DISTRICT) ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, ELURU AT ELURU, ELURU DISTRICT(ERSTWHILE WEST GODAVARI DISTRICT). 3. THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT. 4. THE TAHSILDAR, JANGAREDDYGUDEM, ELURU DISTRICT. 5. BETHIREDDY NAGESWARA REDDY, S/O. LATE SRINIVASA REDDY, AGED 56 YEARS, R/O. OPP TO RTC BUS STAND, JANGAREDDIGUDEM, JANGAREDDIGUDEM MANDAL, ELURU DISTRICT(ERSTWHILE WEST GODAVARI 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 may be pleased to issue an appropriate writ or order more 2 particularly one in the nature of writ of Mandamus declaring the action of the respondents, especially 4th respondent in issuing impugned proceedings vide MUT 25073 00 276 22 / 2025, dt 23.08.2025 which was passed rejecting the mutation application submitted by 1st and 2nd petitioners for an extent of Ac.0.85 1/4 cents in R.S.No. 691/2 of Jangareddygudem Village, Eluru District instead recommending for mutation to the 3rd respondent and to declare the same as illegal, arbitrary, unjust, discriminatory and also in violation of the provisions laid down in Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (As amended by Act 7 of 2023) apart from violation Articles 14,19,21 and 300- A guaranteed under Constitution of India and consequently set aside the impugned proceedings vide MUT250730027622/2025, dt 23.08.2025 passed by 4th respondent and pass IA 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 4th respondent to reconsider the mutation application No. MUT250730027622 dated 30.07.2025 by suspending the impugned proceedings of the 4th respondent in proceedings No. MUT250730027622/2025, dt: 23.08.2025 in the interest of justice. Counsel for the Petitioner(S): 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 25829 of 2025 ORDER: Sri Madhusudhana Sai Ram Asadi, learned counsel representing Sri G.L.Nageswara Rao, learned counsel for the petitioners on record, seeks permission of this Court for withdrawal of the writ petition with a liberty to avail alternative remedy. Learned counsel endorsed the withdrawn on the bundle. Permission is accorded. Accordingly, the Writ Petition is dismissed as withdrawn granting liberty to the petitioners herein to avail alternative remedy in accordance with law. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 23.10.2025 SPP 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No:25829 of 2025 Date : 23.10.2025 SPP