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2025 DAILYLAW 6130 (AP)

Bathula Srinivasulu, v. The State of Andhra Pradesh,

WP/3072/2025 · 2025-02-06

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3072 OF 2025 Between: Bathula Srinivasulu, S/o. Late Bathula Gangulappa, Aged about 60 Years, Occ- Cultivation, Resident of Bheemaganipalli Village and Post, Punganur Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The Revenue Divisional Officer, O/o. The Revenue Divisional office, Palamaner, Chittoor District-517408. The Tahsildar, O/o. Mandal Revenue Office, Punganuru, Punganuru Post, Town and Mandal, Chittoor District-517247. M. Padmapriya, W/o. Bheemaraju, Aged about 55 Years, Occ- Cultivation, Resident of D.No. 17-95, Arcot Venkoba Rao Street, Punganur Post, Town and Mandal, Chittoor District-517247. Pamugani Bheemaraju, S/o. Late Sanjeevappa, Aged 60 Years, Occ- Cultivation, Resident of D.No. 17-95, Arcot Venkoba Rao Street, Punganur Town and Mandal, Chittoor District-517247. Layam M. Vedavathi, W/o. Layam Chandrasekhar Naidu, Aged 57 Years, Occ: House Wife, Residing at D.No. 16-129, High School Street, Punganur Post and Town, Chittoor District-517247. B. Ramesh, S/o. Venkatachalapathi, Aged 49 Years, Occ- Cultivation, Residing at C/o. D.No. 17-95, Arcot Venkoba Rao Street Punganur Post, Town and Mandal, Chittoor District-517247 2. 3. 4. 5. 6. 7. ...RESPONDENTS 4 r: Petition under Article 226 of the Constitution of India praying that in ihe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or orders, direction more particularly the nature of Writ of Mandamus declaring the in action of the 2"^ respondent for not disposing of the petitioners Stay Petition (Misc. Application 2024) or Rev.AppealNo.RORB/2009/2024 filed under Section 5(a) and 5(b) of A.P. Rights in Land and Pattadar Pass Books Act one in No. of 1971 before the 2 respondent, against the respondents Nos.4 to 7 is illegal, arbitrary and unconstitutional and consequently direct the 2"'^ respondent to dispose of the petitioners Stay Petition (Misc. Application No. of 2024) or Rev. Appeal No.RORB/2009/2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to suspend the operation of the may revenue records of the respondent Nos.4 to 7 relating to Khata Nos. 1620, 1622, 1625 & 872 in Sy.No.376/6 of extent of Ac.0.15 cents, Sy.No.374/2 of an extent of Ac.0.18 cents situated at Bheemaganipalli Revenue Accounts, Punganur Mandal, Chittoor District, pending disposal of the appeal before the 2 nd respondent. Counsel for the Petitioner : SRI RAJENDRA BUSSA Counsel for the Respondent Nos.1 to 3 : SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE Counsel for the Respondent Nos.4 to 7 : NONE APPEARED The Court made the following: ORDER 1 APHC010056192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3072/2025 Between; 1.BATHULA SRINIVASULU S/0. LATE BATHULA GANGULAPPA, AGED ABOUT 60 YEARS, OCC- CULTIVATION, RESIDENT OF BHEEMAGANIPALLI VILLAGE AND POST, PUNGANUR MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2.THE REVENUE DIVISIONAL OFFICER, 0/0. THE REVENUE DIVISIONAL OFFICE, PALAMANER, CHITTOOR DISTRICT-517408. 3.THE TAHSILDAR, 0/0. MANDAL REVENUE OFFICE, PUNGANURU, PUNGANURU POST, TOWN AND MANDAL, CHITTOOR DISTRICT- 517247. 4.M PADMAPRIYA, W/0. BHEEMARAJU, AGED ABOUT 55 YEARS, OCC- CULTIVATION, RESIDENT OF D.NO. 17-95, ARCOT VENKOBA RAO STREET, PUNGANUR POST, TOWN AND MANDAL, CHITTOOR DISTRICT-517247. 5.PAMUGANIBHEEMARAJU, S/0. LATE SANJEEVAPPA, AGED 60 YEARS, OCC- CULTIVATION, RESIDENT OF D.NO. 17-95, ARCOT VENKOBA RAO STREET, PUNGANUR TOWN AND MANDAL, CHITTOOR DISTRICT-517247. 6.LAYAM M VEDAVATHI, W/0. LAYAM CHANDRASEKHAR NAIDU, AGED 57 YEARS, OCC- HOUSE WIFE, RESIDING AT D.NO.16-129, ▼ 2 HIGH SCHOOL STREET, PUNGANUR POST AND TOWN, CHITTOOR DISTRICT-517247. 7.B RAMESH, S/0. VENKATACHALAPATHI, AGED 49 YEARS, OCC- CULTIVATION, RESIDING AT C/0. D.NO. 17-95, ARCOT VENKOBA RAO STREET PUNGANUR POST, TOWN AND MANDAL, CHITTOOR DISTRICT-517247 n ...RESPONDENT(S): Counsel for the Petitioner: 1.RAJENDRABUSSA Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Bussa Rajendra, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 3. It is the case of the Writ Petitioner that the Writ Petitioner has filed an Appeal bearing Rev.Appeal No.RORB/2009/2024 before the RDO (Respondent No.2). It is submitted that along with the said Appeal, the Writ Petitioner has filed an Interlocutory Application, seeking stay of the operation of the entries made in the Revenue Record in favour of the Unofficial Respondent Nos.4 to 7 herein. It is the contention of the learned Counsel for the Writ Petitioner that the said Interlocutory Application has not been numbered so far and that the Writ Petitioner apprehends that the mutation already done in favour of the Unofficial Respondents herein, may be misused by them, by creating third-party rights. 2. 3. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Revenue Divisional Officer, Palamaner, Chittoor District (Respondent No.2) to number the I.A of the Writ / 3 Petitioner, seeking stay of the operation of the entries made in the Revenue Record in favour of the Unofficial Respondents within a period of two weeks from today. There shall be a further direction to the RDO (Respondent No.2) to dispose of the I.A., by passing a Speaking Order in accordance with law within a period of eight weeks from today and communicate a copy of such Order to all the interested parties. Needless to state that the Respondent No.2 is statutorily obligated to advance Notice to the Writ Petitioner as well as the Unofficial Respondent Nos.4 to 7 herein, consider their submissions/objecti ons and documents, if any, before passing the final order. Writ Petitioner is directed to submit a copy of this Order to the Respondent No.2 within one week from today, for effective compliance. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 4. issue 5. 6. 7. 3D/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// £ ' SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Revenue Divisional Officer, O/o. The Revenue Divisional office, Palamaner, Chittoor District-517408. 3. The Tahsildar, O/o. Mandal Revenue Office, Punganuru, Punganuru Post, Town and Mandal, Chittoor District-517247. 4. One CC to Sri Rajendra Bussa, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr \ HIGH COURT DATED:06/02/2025 ORDER % g 18 FE5 2025 Co WP.No.3072 of 2025 . Current ;3eciion . DISPOSING OF THE W.P. WITHOUT COSTS