APHC010186772018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8108/2018 Between: 1. SMT. MEDAPALLI SUJATHA,, W/O MADHUSUDHAN RAO, AGED 41 YEARS, OCC. CULTIVATION, R/O YERUKOLLU VILLAGE, DUTTALUR MANDAL, SPSR NELLORE DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT (ASSIGNMENT), A.P. SECRETARIAT, AMARAVATI, VELAGAPUDI, THULLURU MANDAL, GUNTUR DISTRICT, A.P. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION CCLA, THE GOVERNMENT OF ANDHRA PRADESH, D.NO. 22-19, FLOOR II, BLOCK A, JASTHI TOWERS, SAI PURAM COLONY ROAD, GOLLAPUDI, VIJAYAWADA, A.P. 3. THE JOINT COLLECTOR, SPSR NELLORE DISTRICT, AT NELLORE, A.P. 4. THE REVENUE DIVISIONAL OFFICER, KAVALI REVENUE DIVISION, SPSR NELLORE, A.P. 5. THE TAHSILDAR, DUTTALUR MANDAL, SPSR NELLORE DISTRICT, A.P. 6. SRI CHALLA MUDAVA TIRUPATHAIAH, S/O VENKATAIAH, AGE ABOUT 38 YEARS, OCC. AGRICULTURE, R/O YERUKOLLU 2 JS, J W.P.No. 8108/2018 VILLAGE, DUTTALUR MANDAL, SPSR NELLORE DISTRICT, A.P. ...RESPONDENT(S): 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 toto issue a writ, order or direction more particularly one in the nature of Writ of Certiorari call for records in the order dated 09-11-2017 in Proceedings No. BCW1/2/2017 on the file of the Court of the Commissioner (Appeals), Office of the Chief Commissioner of Land Administration, Gollapudi, Vijayawada, A.P. and quash the same as biased, illegal and capricious and consequently direct the respondents 4 and 5 herein not take any coercive steps to cancel the D-Form Patta vide Proceedings F Dis 106/1406, dated 05-05-1997 of the 5th respondent herein in favour of the petitioner herein to secure the ends of justice and pass IA NO: 1 OF 2018 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 stay of the operation of the Order in Proceedings D.Dis. E5/3141/2015, dated 07-10-2016 of the Joint Collector, SPSR Nellore District at Nellore/ the 3rd respondent herein forthwith in the interest of justice, pending disposal of the above WP No. of 2018 and pass Counsel for the Petitioner: 1. BALA DASTAGIRI P Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. D KRISHNA MURTHY 3 JS, J W.P.No. 8108/2018 The Court made the following ORDER: The matter was listed on 27.01.2026, 10.02.2026 and 20.02.2026, despite sufficient time being granted, there was no representation for the petitioner. Even, when the matter is taken up for hearing today, the petitioner failed to appear. 2. The learned Assistant Government Pleader, on instructions, submits that the Joint Collector, upon due verification of the report submitted by the Tahsildar, Duthalur, passed orders vide D.Dis.E5/3141/2015, dated 07.10.2016, cancelling the D-Form patta. Aggrieved by this, the petitioner preferred a revision before the Chief Commissioner of Land Administration (CCLA), Gollapudi, which was dismissed vide Proceedings No.BCW1/2/2017, dated 09.11.2017. 3. The CCLA confirmed that the land in Sy.No.478/1, measuring a total extent of Ac.12.34 cents is a private land registered in the names of Natukula Guravayya and Ravella Obugari Narasaiah. The cancellation was based on the fact that the DKT patta was issued under misrepresentation, allowing for cancellation under B.S.O. 15(18). The petitioner has filed O.S.No.51 of 2019 on the file of the Senior Civil Judge, Atmakur, SPSR Nellore District, seeking injunction, which indicates that the petitioner is not in possession of the property. 4. Furthermore, it was submitted that the petitioner has never cultivated the land and is not in possession and enjoyment of the property. 5. In view of these facts and circumstances and the failure of the petitioner to appear, the writ petition is dismissed confirming the order of the 2nd respondent passed vide proceedings No.BCW1/2/2017 dated 09.11.2017. No order as to costs. 4 JS, J W.P.No. 8108/2018 As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 27.02.2026 rsd 5 JS, J W.P.No. 8108/2018 293 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 8108/2018 Date: 27.02.2026 rsd