APHC010079612020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4728 OF 2020 Between: 1. KAKARAPALLI VENKATA LAKSHMI,, W/O. JANAKIRAMAYYA, AGED 37 YEARS, HOUSE HOLD, R/O. D.NO.1-14, CHEEDIGA VILLAGE, KAKINADA RURAL MANDAL, KAKINADA, EAST GODAVARI DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, AT KAKINADA 3. THE REVENUE DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI DISTRICT 4. KAKARPALLI SITARATNAM, W/O. LATE NARAYANA RAO, AGED 68 YEARS, HOUSE HOLD, R/O. D.NO.1-14, CHEEDIGA DIBBALU, NEAR RAMALAYAM, INDRAPALEM POST, KAKINADA RURAL MANDAL, KAKINADA, EAST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. E V V S RAVI KUMAR Counsel for the Respondent(S): 1. N SIVA REDDY 2. GP FOR REVENUE (AP) 2 The Court made the following order: Heard Sri Sai Atchyut, learned counsel appearing on behalf of Sri E.V.V.S.Ravi Kumar, learned counsel for the petitioner, Sri M.Chandra Shekar, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and Sri N.Siva Reddy, learned counsel appearing for respondent No.4. 2. The grievance of the petitioner in the instant writ petition is against the notice issued by the 3rd respondent dated 03.02.2020, pursuant to the appeal filed by the 4th respondent seeking cancellation of the pattadar passbooks and title deeds in favour of the petitioner herein. 3. It is contended that the petitioner is the absolute owner of the property to the extent of Ac.0.74 cents located in different survey numbers, i.e., Ac.0.13 cents in Sy.No.14/8, Ac.0.08 cents in Sy.No.15/1, Ac.0.26 cents in Sy.No.15/1, Ac.0.04 cents in Sy.No.15/1, Ac.0.15 cents in Sy.No.15/9, and Ac.0.08 cents in Sy.No.14/1 situated in Ganganapalli Grampanchayat, Kakinada Rural Mandal, East Godavari District. It is contended that the petitioner had acquired the said property under a registered settlement deed bearing Document No.9647 of 2014, dated 23.08.2014, executed by her husband in her favour. 4. It is further stated that, by virtue of the said settlement deed, the petitioner has been in possession and enjoyment of the property and has obtained pattadar passbooks and title deeds in respect of the said lands. 3 5. However, the 4th respondent filed a civil suit in O.S.No.218 of 2017 on the file of the VI Additional District Judge, Kakinada. During the pendency of the said suit, the 3rd respondent issued notice to the petitioner in respect of an appeal filed by the 4th respondent seeking cancellation of the pattadar passbooks and title deeds that were issued in favour of the petitioner. 6. It is contended that the 3rd respondent has no jurisdiction to entertain the appeal filed for cancellation of the pattadar passbooks and title deeds. Hence, the instant writ petition. 7. Sri N. Siva Reddy, learned counsel for the 4th respondent submits that the 4th respondent is the mother-in-law of the petitioner herein. He further submits that the son of the 4th respondent executed a gift settlement deed in favour of his wife, the petitioner herein on the pretext of a Will Document executed by her late husband (father of the writ petitioner). The same was disputed and is pending for adjudication before the Civil Court. 8. Learned counsel for the 4th respondent further states that the civil suit in O.S.No.218 of 2017 on the file of the VI Additional District Judge, Kakinada, is pending and is posted for final arguments and is about to conclude shortly. 9. Having regard to the same, it is submitted that the parties would await the judgment that would be passed by the Civil Court in O.S.No.218 of 2017. 10. Having regard to the contentions advanced, this Court deems it appropriate to dispose of the Writ Petition with a direction to the 3rd respondent not to pass final orders on the appeal filed by the 4th respondent 4 until the disposal of the said suit. It is needless to observe that this order will not preclude the respective parties from advancing their respective arguments before the 3rd respondent and thus they are at liberty to raise all the grievances and contentions before the 3rd respondent as and when the appeal is taken up for consideration by the 3rd respondent after the disposal of the above referred suit. Needless to observe that the 3rd respondent shall issue notice to both the parties as and when the appeal is taken up for hearing. 11. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 31.03.2026 BSK 5 130 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4728 OF 2020 Date: 31.03.2026 BSK