BOLLINA MADHAVI LATHA v. THE STATE OF ANDHRA PRADESH
WP/4624/2025 · 2025-03-05
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8273 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8273 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4624 OF 2025 Between:
1. Bollina Madhavi Latha, D/o. Late Bollina Kumaraswamy Aged about 49 Years, Occ: Agriculture, R/o. D. No. 35-40-13, Sajjapuam, Tanuku, West Govavari District. Bollina Achamamba, W/o. Late Bollina Kumaraswamy Aged about 69 Years, Occ; Nili, R/o. D. No. 35-40-13, Sajjapuam, Tanuku, West Godavari District. 2. ...Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Eluru, Eluru District. The Joint-Collector, Eluru, Eluru District. The Sub-Collector Cum- Revenue Divisional Officer, Nuzividu, Eluru District. The Tahsildar, Nuzivid, Eluru District. 1. 2. 3. 4. 5. ...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 nature of Writ of Mandamus declaring the action of the Respondents in not considering the Representation made the Petitioner on 11-09-2023 and 27-
07-2024 for the removal of the Petitioners land i.e. land measuring 5.24 cents in Survey No. 94-2 and another extent of 4.82 cents in Survey No. 94-3, situated in Annavaram Village, Nuzividu Mandal, Eluru District from the Dispute Register, despite recommendation s from the Tahsildar and Revenue Divisional Officer (RDO) dated 29-10-2024 and 04-12- 2024 as illegal, arbitrary and violation of principles of Natural Justice violation of Article 14, 21 300-A of the Constitution of and India and consequently direct the respondents to remove the land measuring 5.24 cents in Survey No. 94-2 and another extent of 4.82 cents in Survey No. 94-3, situated in Annavaram Village, Nuzividu Mandal, Eluru District from Dispute Register of the subject land. lA 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 respondents to remove the land measuring 5.24 cents in Survey No. 94-2 and another extent of 4.82 cents in Survey No. 94-3, situated in Annavaram Village, Nuzividu Mandal, Eluru District from the Dispute Register forthwith, pending disposal of the writ petition. Counsel for the Petitioner: SRI.
BANDI SRIHARI Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
APHC010088152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 'im WEDNESDAY JHE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4624/2025 Between: Bollina Madhavi Latha and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.BANDI SRIHARI Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4624/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief;
“to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondents in not considering the Representation made the Petitioner on 11.09.2023 and 27.07.2024 for the removal of the Petitioners land I.e. land measuring 5.24 cents in Survey No. 94-2 and another extent of 4.82 cents in Survey No.94-3, situated in Annavaram Village, Nuzividu Mandal, Eluru District from the Dispute Register despite recommendations from the Tahsildar and Revenue Divisional Officer RDO dated 29.10.2024 and 04.12.2024 as illegal, arbitrary and violation of principles of Natural Justice violation of Article 14, 21, 300-A of the Constitution of and India and consequently direct the respondents to remove the land measuring 5.24 cents in Survey No.942 and another extent of 4.82 cents in Survey No. 94-3 situated in Annavaram Village, Nuzividu Mandal, Eluru District from Dispute Register of the subject land and pass such other
order or orders....’’
2. Heard
learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the lands admeasuring to an
extent of Ac. 5.24 cents in Survey No.94-2 and Ac.4.82 cents in Survey No.94-3 situated in Annavaram Village. Nuzividu Mandal, Eluru District having acquired the same through registered sale deeds in the year 2016. Since then the petitioners herein have been in peaceful possession and enjoyment of the subject lands without there being any interference or hinderance from any quarter. Later, the petitioner’s names were mutated in the revenue records and pattadar pass books were also issued holding that the petitioners herein are the pattadars of their respective lands. While things stood thus, without issuing any notice and without following due process of law, the subject lands were recorded as disputed lands at the register of disputed lands contrary to the settled ownership of the petitioners. Pursuant to the same, the petitioners herein submitted representations dated 11.09.2023 and 27.07.2024 to the respondent Nos. 4 and 5 herein requesting them for deletion of the lands of the petitioners from the “Lands Dispute Register”. Further, after conducting enquiry by respondent Nos. 4 and 5 they submitted their respective recommendations/proceedings dated 29.10.2024 and respondent No.3, who is the competent authority to remove the subject lands of the petitioners from the dispute register. But till date, respondent No.3 neither considered the same nor acted upon. Hence, the writ petition. 16.08.2024 to
4. On the other hand, learned Government Pleader for the respondents submits that in view of the recommendations/ proceedings issued by respondent Nos. 4 and 5, respondent No.3 will consider the same and pass appropriateorders within a reasonabletime. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the material placed on record, without going into the merits of the case, this Court is of the considered view that the present writ petition can be disposed of, directing respondent No.3 to consider and dispose of the representations dated 11.09.2023 and 27.07.2024 with reference to the recommendations/ proceedings submitted by respondent Nos. 4 and 5 to respondent No.3 and pass appropriate orders, after providing opportunity of hearing to the petitioners as well as stake holders if any, within a period of ten (10) weeks from the date of receipt of a copy of this order. 5. 6.
With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Eluru, EluruDistrict. 3. The Joint-Collector, Eluru, EluruDistrict. 4. The Sub-Collector Cum- Revenue Divisional OfficeR, Nuzividu, Eluru District. 5. The Tahsildar, Nuzivid, Eluru District. 6. One CC to Sri. Bandi Srihari Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies GSC
HIGH COURT DATED:05/03/2025
ORDER WP.No.4624 of 2025 DISPOSING OF THE WP WITHOUT COSTS