!*■ y APHC010051232019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SH V • f 3M:.: 1:^- tui FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION Nos. 2328 OF 2019 AND 33««« OF 9n99 WRIT PETITION NO: 2328 OF ?niQ Between: Dr. Yenigalla Uma Rani, W/o. Y.G.K.Mnrthy, Aged about 65 years, Medical Practitioner, H.No.48-18-66, Tulasipet, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh rep by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Joint Collector, Visakhapatnam District Visakhapatnam 3. The Revenue Divisional Officer, Visakhapatnam 4. The Tahsildar, Bhimunipatnam Mandal 5. Shajadi Begum, W/o. Late Sardar Visakhapatnam District Baig, R/o. Near old bus stand, Bheemunipatnam village and Mandal, Visakhapatnam District ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated i pleased to issue a writ, order of India praying that in the in the affidavit filed therewith, the High Court may be or direction more so over one in the nature of writ of certiorari calling for records relating 10/2016 dated 29.01.2019 of the 2"" to the proceedings in R.P.No. respondent and to set aside the same as the same is arbitrary, illegal, unlawful and contrary to law and null and void and violative of the provisions of AP. Rights in Land and Pattadar Passbooks Act, 1971 in so far as the cancellation of the pattadar passbooks issued in favour of the petitioner is concerned pertaining to Ac 2.92 cents in Sy.No. 11-7 at T.Nagaripalem village, Bheemunipatnam village, Visakhapatnam District and consequentially to direct the respondents not to cancel the pattadar passbooks issued to the petitioner under the provisions of A.P. Rights in Land and Pattadar Passbooks Act, 1971. lA NO: 1 OF 2019 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 suspend the proceedings of the 2"^^ respondent in so far as cancellation of pattadar passbooks issued to the petitioner is concerned in RP No. 10/2016, dt.29-01-2019 pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATESWARA RAO GUDAPATI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:SRI A. RAJENDRA BABU APHC010554872022 WRIT PETITION NO: 33888 OF 2022 Between: Smt. Shajadhi Begum, W/o. Late Sarderbaig, Aged; 87 Years, Occ; Housewife, Chinapeerlapanja, Near Old Bus Stand, Bheemunipatnam Village and Mandal, Visakhapatnam. Represented by GPA holder KellaLakshman S/o. K. Dharmarao Aged. 47 Years, Occ .properties Town, Korakut District, Orissa State. Parabidiveedi, Jaipur ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Secretariat, Amaravati, Guntur District. 2. The Joint Collector, Visakhapatnam, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District 4. The Tahsildar, Bheemunipatnam Rural Mandal, Visakhapatnam District. 5. Smt. YenigollaYmarani, W/o. Gopala Krishna Murthy, aged 55 Years, Occ. PROPERTIESR/o. D.No.48-18-66, Tulasipeta, Visakhapatnam City, Visakhapatnam 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, the action of the respondent No.4 in not cancelling the pass book issued in favour of the 5th respondent in respect of the agricultural land admeasuring AC.2-89 cents in Sy.No.11/7B, situated at T. Nagaripalem Village, Bheeminipatnam Mandal, Visakhapatnam District and continuing the 5th respondent's name in revenue records, inspite of the cancellation pattadar pass book issued in favour of the 5‘^ respondent by the 2"'^ respondent vide his order dt.29.01.2019 in R.C.No.2086/2012/D2 as illegal, arbitrary, against the provisions of ROR Act and against the principles natural justice and against all settled principles of lawand the 4“^ respondent to forthwith impleament the order of the 2""^ respondent dt.29.01.2019 in R.C.No.2086/2012/D2 and to conduct fresh of of consequently direct enquiry on the representation made by the petitioner as per the direction of the 2"*^ respondent dt.29.01.2019 and issue pattadar pass book in favour of the petitioner in respect of the agricultural land admeasuring AC.2-89 Sy.No.11/7B, situated at T. Nagaripalem Village, Bheeminipatnam Mandal, Visakhapatnam District. cents in lA NO: 1 OF 2022 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 4*^ respondent to forthwith implement the order of the 2 respondent dt.29.01.2019 in R.C.No.2086/2012/D2 and to conduct fresh enquiry on the representation made by the petitioner as per the direction of the 2nd respondent dt.29.01.2019 and issue pattadar pass book in favour of the petitioner in respect of the agricultural land admeasuring AC.2-89 Sy.No.11/7B, situated at T. Nagaripaiem Village, Bheeminipatnam Mandal, Visakhapatnam District and, pending disposal of the main Writ Petition. Counsel for the Petitioner: M/s. KALLA TULASI DURGAMBA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.S.SRI VENKATESWARA RAO GUDAPATI The Court made the following: COMMON ORDER nd cents in 1 ,1 APHC010051232019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] i FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION Nos: 2328 of 20.19 & 33888 of 2022 W.P.No.2328 of 2019 Between: 1. Dr. Y. Uma Rani, W/o.Y.G.K.Murthy, Occ; Medical Practitioner, H.No.48-18-66, Tulasipet, Visakhapatnam. ...PETITIONER t AND 1. The State Of A.P., Rep By Its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Visakhapatnam District, Visakhapatnam. 3. The Revenue Divisional Officer, Visakhapatnam. 4. The Tahsildar, Bhimunipatnam Mandal, Visakhapatnam District. 5. Shajadi Begum, R70. Near Old Bus Stand, Bheemunipatnam Village & Mandal, Visakhapatnam District. ...RESPONDENT(S): Counsel for the Petitioner: I.Mr.VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): I- ’* 1.GPPOR REVENUE (AP) 2.Mr.A.RAJENDRA BABU 2 W.P.No.2328 Of ?niQ This Writ Petition is filed under Article 226 of the Constitution set aside the proceedings of the 2'^'^ respondent in R.P.No.10 of 2016 dated 29.01.2019 in respect of cancellation of pattadar passbooks issued in favour of the petitioner in respect of land admeasuring Ac.2.92 cents in Survey No.11-7 at T.Nagaripalem Village, Bheemunipatnam Mandal, District and consequently direct the respondents not passbooks issued in favour of the petitioner. W.P.NO.33888 of 2022 of India to Visakhapatnam to cancel the pattadar This Writ Petition is fiied under Article 226 of the Constitution aggrieved by the action of the respondent No.4 in not cancelling the pass book issued in favour of the S'" respondent in respect of the agricultural land . admeasuring AC.2-89 cents in Sy.No.11/7B, situated at T. Nagaripalem Village, Bheemunipatnam Mandal, Visakhapatnam District and continuing the 5th respondent's name in of India revenue records, despite of the cancellation of pattadar pass book issued in his favour by the 2"“ respondent vide order dt.29.01.2019 in R.C.No.2086/2012/D2 and consequently direct the 4*^ respondent dt.29.01.2019 in respondent to implement the order of the 2'"'^ R.C.NO.2086/2012/D2 and to conduct fresh made by the petitioner dt.29.0poi 9 and issue pattadar pass book in favour of the petitioner. enquiry on the representation per the direction of the 2'"'^ as respondent 3 The Court made the following Common Order: (Per Hon'ble Sri Justice Ninala Jayasurya) » * Heard learned counsel appearing on both sides. Perused the material on record. Mr.Gudapati Venkateswara Rao, learned counsel for the petitioner in W.P.No.2328 of 2019, wherein the order of the 2^^ respondent dated 29.01.2019 was under challenge, while drawing the attention of this Court to the interim order dated 05.03.2019, submits that pursuant to the said order, • the 4**^ respondent - Tahsildar conducted a fresh enquiry, after giving opportiiiity to the 5^*^ respondent and also other interested parties, that ultimately vide proceedings dated 06.03.2021, allowed the claim of the writ 2. petitioner for grant of Pattadar Pass Book and Title Deed in respect of the land admeasuring Ac.2.89 cents in Survey No.11/7B of T.Nagarapalem village and the claims of the 5*^ respondent as also the Inspector Auditor Waqf, Visakhapatnam are rejected. He also submits that against the said proceedings dated 06.03.2021, the respondent had not carried the matter by way of Revision or other legal proceedings and thus, it has become final. 3. The learned counsel further submits that seeking implementation of the t above said orders / proceedings dated 29.01.2019 of the Joint Collector, Visakhapatnam, the 5**^ respondent in W.P.No.2328 of 2019 got filed a separate Writ Petition No.33888 of 2022 by suppression of material facts i.e., I the proceedings of the Tahsildar, Bheemunipatnam dated 06.03.2021 allowing the claim of the writ petitioner in W.P.No.2329 of 2019 etc; that in the light of the said proceedings dated 06.03.2021 nothing survives for adjudication in these writ petitions. non-filing of / challenge to the proceedings issued by the Tahsildar, Bheemunipatnam dated 06.03.2021 4. The submission so far as which was in pursuance of the orders dated 05.03.2019 in W.P.No.2328 of 2019 is not disputed by the learned counsel for the 5'^ respondent. Be that as it may. 5. In view of the proceedings dated 06.03.2021 of the 4’^ eventually, nothing survives for adjudication in these two writ petitions particularly as the same remained unchallenged. respondent more 6. With the above obse'rvations, the writ petitions are closed. No order as to costs. In view of the orders closing’the writ petitions, I.A.No.1 of ^021 in W.P.No.2328 of 2019 shall stand closed. SD/- U NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUC] 2. One CC to Sri A. Rajendra Babu, Advocate [OPUC] 3. One CC to M/s. Kalla Tulasi Durgamba, Advocate[OPUC] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 5. Two CD Copies. ssb HIGH COURT DATED:01/08/2025 3 2 n AUfi ?n?5 s, Current Secuon . %SgSr.aTt^HgP^-^’ COMMON ORDER WP Nos. 2328 OF 2019 & 33888 OF 2022 CLOSING THE WRIT PETITIONS WITHOUT COSTS