Extracted from the PDF above. The PDF is authoritative.
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APHC010073202025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4544/2025 Between:
1. C JAYARAMA, S/O. C.CHOWDAPPA R/O. KARKUR, YALLAMPALLI, CHIKKABALLAPUR, KARNATAKA-561207.REPRESENTED BY HIS GPA HOLDERS JONNALAGADDA KIRAN CHANDRA, S/O.J.SATHYA NARAYANA, AGED ABOUT 42 YEARS, R/O.4/143, PARNAPALLE, YSR KADAPA DISTRICT, A.P AND MORUSU BHASKAR, S/O.M.
RAMASWAMI, AGED ABOUT 48 YEARS, R/O.32/69, PARNAPALLE, YSR KADAPA DISTRICT, A.P.
...PETITIONER AND
1. THE STATE OF AP, Rep. By ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT AND OTHERS. ...RESPONDENTS Counsel for the Petitioner:
1. CKR ASSOCIATES Counsel for the Respondent:
1. GP FOR REVENUE The Court made the following:
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ORAL ORDER:
Heard Sri N. Sai Phanindra Kumar, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 4. 2. The present Writ Petition is filed challenging the inaction on the part of the Tahsildar, Kanaganapalli (Respondent No.4) in implementing the proposals by the RDO, Dharmavaram (Respondent No.3). 3. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the detailed Written Instructions furnished by the Tahsildar of Kanaganapalli Mandal dated 21.02.2025. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. The relevant portion of the said Written Instructions is usefully extracted hereunder:
“In view of the above circumstances, it is clearly and beyond any reasonable doubt disclosed that there is prima facie material to find out the fraud done in getting title over the land. If the lands are not kept in the Dispute Register at this stage, chances may arise to make some more irregular transactions/alienations. A detailed report has been submitted to the Joint Collector, Sri Sathya Sai District, Puttaparthi with a request to keep the land in question in the Dispute Register of Dadalur Village of Kanaganapalli Mandal vide this office Rc.No.27/2025 Dated 20-02-2025 to avert further irregular/ illegal transactions/alienations. This case leads to civil dispute and it has to be settled in civil court of law, as the Civil Courts have jurisdiction to try all the cases in civil nature excepting suits of which their cognizance is either expressly or impliedly barred as per the Section 9 of C.P.C.”
4.
The above extract would indicate that the Tahsildar (Respondent No.4) has already submitted a detailed Report to the Joint Collector, Sri Sathya Sai District, Puttaparthi, with a request to keep the land, in question, in the
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Dispute-Register. It is also stated in the above extract that the dispute between the parties will have to be settled through the Civil Courts. 5. Having regard to the above extract, this Court is satisfied that the Tahsildar, Kanaganapalli (Respondent No.4) has initiated appropriate action, by submitting a Report to the Joint Collector, Sri Satya Sai District. In this view of the matter, the Joint Collector, Sri Satya Sai District, who is not impleaded as a party, is directed to consider the Report of the Tahsildar (Respondent No.4) and take suitable action in accordance with law within a period of eight weeks from today. 6. Needless to state that the said Joint Collector, Sri Satya Sai District shall adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioner and the Unofficial Respondents herein, consider their submissions/objections and documents, if any, before issuing the final proceeding. 7. Writ Petitioner is directed to submit a copy of this Order to the Joint Collector, Sri Satya Sai District, Puttaparti, within one week from today, for effective compliance. 8. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J
Dt: 25.02.2025 Vns