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2025 DAILYLAW 6676 (AP)

SHIVAJI PRASAD v. The State of Andhra Pradesh,

WP/3507/2025 · 2025-02-12

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE f. ■f' o PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3507 OF 2n?fi Between: Shivaji Prasad, s/o Shivanandam, aged about 54 Agriculture, r/o Pakapudi village, Balayalapalli Mandal, Tirupati District. years, occ. ...Petitioner AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati, Tirupati District. 3. The Sub-Collector, Gudur, Tirupati District 4. The Tahsildar, Balayalapalli Mandal, Tirupati 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 be pleased to issue an appropriate Writ, Order or Direction may more particularly one in the nature of Writ of Mandamus of the respondent No. 4 in taking steps to incorporate name of the declaring the inaction I' % petitioner in the Adangal report prepared during re-survey in respect of his land in Sy.No.28-6 and 29-2A, corresponding to new L.P.No.127 bearing Khatha No. 381, total admeasuring Ac. 1.07 1/2 cents situated at Pakapudi village, Balayapalli Mandal, Tirupati District and to issue e-passbook, inspite of receipt of the report from the Village Revenue Officer, confirming about his title and possession in respect of the above mentioned land, followed by personal visits, being illegal, arbitrary, unconstitutional. unjust and lA NO: 1 OF 2025 Petition under Section 151 of 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 herein to incorporate the name of the petitioner in the Adangal report prepared during survey in respect of his land in Sy.No. 28-6 and 29-2A, corresponding to new L.P.No. 127 bearing Khatha No. 381, total admeasuring Ac. 1.07 Vi cents situated at Pakapudi village, Balayapalli Mandal, Tirupati District pursuant to the report of the Village Revenue Officer, and to issue-passbook, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI G. VENKATESWARLU Counsel for the Respondent Nos.1 5o 4: GP FOR REVENUE The Court made the following: APHC010065912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3507/2025 Between: 1.SHIVAJI PRASAD, S/0 SHIVANANDAM, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/0 PAKAPUDI VILLAGE, BALAYALAPALLI MANUAL, TIRUPATI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. SECRETARIAT, 3.THE SUBCOLLECTOR, GUDUR TIRUPATI DISTRICT 4.THE TAHSILDAR, BALAYALAPALLI MANUAL, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.G VENKATESWARLU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 ORAL ORDER: Heard Sri G. Venkateswarlu, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue. The present Writ Petition is filed challenging the action of the Tahsildar, Balayapalli Mandal (Respondent No.4) in not incorporating the name of the Writ Petitioner in Adangal Report which is prepared during the re-survey in respect of the land in Sy.Nos.28-6 and 29-24, corresponding to L.P.No.127 bearing Khatha No.381, totaling admeasuring Ac. 1.07 Yz cents situated at Pakapudi Village, Balayapalli Mandal, Tirupati District. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader has submitted the Written Instruction furnished by the Tahsildar of Balayapalli Mandal, dated 11.02.2025. Copy of it is supplied to the Counsel for the Writ Petitioner. The same is taken on record. The relevant portion of the Written Instruction is usefully extracted hereunder: “7. It is submitted that, As per Village Accounts, the petition land In Sy No. 28/6 with an extent Acs. 0.83, and Sy No. 29/2 with an extent of Acs. 1.82 cents classified as Patta Dry land. 2. As per present webland adangal after resurvey, the petition land was kept under Joint LP.No. 129 for an extent Ac. 3.41 cents with (11) Joint Pattadars including Writ Petitioner, except the land for an Extent Ac.0.31 cents, wherein Smt Jayampu Rajamma W/o Ramachandraiah was the pattadar of the land vide khata No. 479. 3. Due to enjoyment extent variations identified in resurvey, the above land was kept under Joint LPM. 4. In this regard, detailed enquiry will be conducted In the matter and further action will be taken as per Pattadar Pass Book Act...” The above extract would indicate that an extent of Ac.0.83 cents in Sy.No.28/6 and an extent of Ac.1.82 cents in Sy.No.29/2 are classified as ‘Patta Dry Land’ as per the Village Accounts. The above extract would further indicate that after resurvey, the subject lands were kept under Joint LP.No.129 in Webland Adangal and that due to identification of variations regarding the extents of enjoyment during the resurvey, the above lands were kept under 2. new 3. 4. . V 3 % Parcel Map and that a detailed enquiry will be conducted in the matter and further action will be taken as per the Andhra Pradesh Rights In Land And Pattadar Pass Books Act, 1971. Having regard to the Written Instructions extracted hereinabove, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, directing the Official Respondents to complete the enquiry within a period of eight (08) weeks from today by passing a Speaking Order in accordance with law and communicate a copy of such Order to the Writ Petitioner within a period of two (02) weeks thereafter. Needlessto state that the Official Respondentsare statutorily obligated to follow the principles of Natural Justice by providing an opportunity of hearing to the Writ Petitioner before passing a Speaking Order. 5. 6. Writ Petitioner is directed to submit a copy of this Order to Respondent Nos.3 & 4 within one week from today, for effective compliance. 7. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. 9. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SEdTON OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravathi, Guntur District. The District Collector, Tirupati, Tirupati District. The Sub-Collector, Gudur, Tirupati District The Tahsildar, Balayalapalli Mandal, Tirupati District. One CC to Sri G Venkateswarlu, Advocate [OPUC] Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. sree / D . ^ HIGH COURT DATED:12/02/2025 ORDER WP.No.3507 of 2025 , 13 FEB 2025 „„ ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS