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2025 DAILYLAW 9479 (AP)

NAGEPALLI BALA KAMBAIAH v. The State of Andhra Pradesh

WP/5553/2025 · 2025-03-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: Am|] (Special Original Jurisdiction) 1 FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDf WRIT PETITION NO: 5553 OF 2025 Between; Nagepalli Bala Kambaiah, (Aadhar2192 0517 3082), S/o, Nagepalli Naganna aged about 53 years, Resident of 2-85, S C Colony, Kothapeta-515 401 Gooty Mandal, Anantapur (Dist). ...PETITIONER- AND 1. The State of Andhra Pradesh, rep.by its Chief Commissioner of Land Administration (CCLA) and Chief Secretary, Revenue Department, AP Secretariat, Velagapudi -522 503, Amaravati, Guntur District. 2. The Collector, Anantapur District. 3. The Tahsildar, Gooty Mandal - 515 401, Anantapur District. 4. The Revenue Inspector, Gooty Mandal - 515 401, Anantapur District. 5. V Venu Gopal, S/o V Nagabhushanam, Aged about 50 1/79, Old Kothapeta (Village), Gooty-515 401, Anantapur District, A.P. 6. D.Shameem Begum, W/o D.Khaja Mynuddin, Aged about 56 resident of 8-1121, Anantapur Road, Near SBI, Gooty-515 401, Anantapur District, A.P years, resident of years. ...RESPONDENTS Petition under Article 22'6 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 or Direction, more particularly one in the nature of Writ / of Mandamus, declaring the inaction of the respondent Nos.2 cancelling the Fraudulent ROR entry of 0.94 acres in vide khata no. 1809 and to re-issuance of fresh pattadar passbook in Petitioners name by entering the assigned subject land 0.94 acres situated in Survey No. 235-B of Kothapeta Village, Gooty Mandal, Anantapur Distriet irrespective of continuous them which is arbitrary, against the principles of natural justice and violation the Section 9 of ROR Act, 1973 Sections 4, 5 ,5-A, 9 of The Andhra Rights in Land and Pattadar Pass Books Act, 1971, The Andhra Pradesh to 5 in not / t prayers to of Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and Articles 14, 19, 21 and 300 A of Constitution of India and subsequently direct the respondent 5 to expeditiously consider PGRS Grievance No. ATP20250210486 02-2015 regarding the deletion of fraudulent ROR nos.2 to dated 10- entry of assigned land admeasuring 0.94 acres, where Petitioner is the absolute owner for the said scheduled land with continuous enjoyment and permanent possession since 1933. 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 may be pleased to direct the respondent no.1 for fair, independent, and enquiry at CCLA Commission Level for the cancellation of fraudulent ROR entry of 0.94 acres of assigned subject land 0.94 acres vide kJiata no. 1809 situated in Survey No. 235-B of Kothapeta Village, Gooty Mandal, Anantapur District, Anantapur Dist and for re-issuance of fresh pattadar passbook in the name of the Petitioner; till pending disposal of the above writ petition. in-depth lA NO: 2 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no.2 to conduct an Fair Independent Enquiry expeditiously by exercising their powers in the Scheduled Property under Sec.9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (ROR Act), and to issue fresh pass book for the petitioner by deleting fraudulent ROR entry of 0.94 acres of assigned subject land 0.94 acres vide khata no. 1809 situated in Survey No. 235-B of Kothapeta Village, Gooty Mandal, Anantapur District, Anantapur Dist; till pending disposal of the above writ petition. Counsel for the PetitionersRl KAKARLA CHANDRA SEKHAR - Counsei for the Respondents No.1 to 4: GP FOR REVENUE ^ Counsel for the Respondents No.5,6: — The Court made the following: ORDER APHC010104732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] / FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE / / PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5553/2025 Between: Nagepalli Bala Kambaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAKARLA CHANDRA SEKHAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “Writ of Mandamus declaring the inaction of the respondents no 2 to 5 in not cancelling the Fraudulent ROR entry of 0-94 acres in vide khata no 1809 and to reissuance of fresh pattadar passbook in Petitioners name by entering the assigned subject land 0-94 acres situated in Survey No 235-B of Kothapeta Village Gooty Mandal Anantapur Distriet irrespective of continuous prayers to them which is arbitrary against the principles of natural justice and violation of the Section 9 of ROR Act 1973 Sections 4, 5, 5A, 9 of The Andhra • Pradesh Rights in Land and Pattadar Pass Books Act, 1971 The Andhra Pradesh Assigned Lands Prohibition of Transfers Act, 1977 and Article 14, 19, 21 and 300 A of Constitution of India and subsequently direct the respondents no 2 to 5 to expeditiously consider PGRS Grievance No ATP20250210486 dated 10.02.2015 regarding the deletion of fraudulent ROR entry of assigned land admeasuring 0-94 acres where Petitioner is the absolute owner for the said scheduled land with continuous enjoyment and permanent possession since 1933” Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, to issue a direction to the respondents to dispose of the PGRS Grievance No ATP20250210486 dated 10.02.2015 regarding the deletion of fraudulent ROR entry of assigned land admeasuring Ac.0-94, without touching / the merits of the case / / Learned Assistant Government Pleader for Revenue readily agreed to dispose of the PGRS Grievance No ATP20250210486 dated 10.02.2015 pending with the respondents.. In view of the submission of the learned Assistant Government Pleader for Revenue, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in ‘The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representation dated 10.02.2025, I find no other alternative except to issue such direction. In the result, the writ petition is disposed of, directing the respondents to dispose of the PGRS Grievance No ATP20250210486 dated 10.02.2015 pending with the respondents, after providing an opportunity of hearing to the petitioner and unofficial respondents, in accordance with law, within two (02) months from today. However, the petitioner is at Hberty to take steps for cancellation of sale deeds, if the same were executed illegally. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. T2019(8) SCALE 544 Sd/- M RAMESH BABU DEPUTY\REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Chief Commissioner of Land Administration (CCLA) and Chief Secretary, State of Andhra Pradesh, Revenue Department, AP Secretariat, Velagapudi -522 503, Amaravati, Guntur District. 2. The Collector, Anantapur District. 3. The Tahsildar, Gooty Mandal - 515 401, Anantapur District. 4. The Revenue Inspector, Gooty Mandal - 515 401, Anantapur District. 5. V. Venu Gopal, S/o V Nagabhushanam, Aged about 50 years, residentof 1/79, Old Kothapeta (Village), Gooty-515 401, Anantapur District, A.P. 6. D.Shameem Begum, W/o D.Khaja Mynuddin, Aged about 56 years, resident of 8-1121, Anantapur Road, NearSBI, Gooty-515 401, Anantapur. District, A.P 7. One CC to SRI. KAKARLA CHANDRA SEKHAR, Advocate [OPUCP 8.TWO CCS to GP FOR REVENUE, High Court of Andhra Pradesh. [OUTf 9. Three C D.Copies 7 nm HIGH COURT DATED:07/03/2025 ORDER WP.No.5553 of 2025 ro- % g D 3 APR TP.J'i I)i Current section t. DISPOSING OF THE WP WITHOUT COSTS