APHC010193642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 10042/2024 Between: 1. R CHANDRA SEKHAR NAIDU, S/O. R.KAMALAKAR NAIDU AGED ABOUT 64 YEARS, R/O. D.NO.16-106-4-2-1 SRI RAM NAGAR, MADANAPALLE TOWN,MANDAL, ANNAMAYYA DISTRICT 2. R.DEVENDRA KUMAR, S/O R.KAMALAKAR NAIDU, AGED ABOUT 66 YEARS, R/O D.NO. 16-486 LACHAREDDI STREET, DIGUVA KAMMAPALLE MADANAPALLETOWN, MANDAL, ANNAMAYYA DISTRICT 3. S.USHA RANI, W/O.SOMSEKHAR CHOWDARY, AGED ABOUT 66 YEARS, R/O D.NO.16-420-C SRIRAMA RAMAIAH NAIDU STREET DIGUVAKAMMAPALLE, MADANAPALLE TOWN,MANDAL ANNAMAYYA DISTRICT 4. R. VASUNDARA, W/O R.RUSHENDRA NAIDU, AGED ABOUT 55 YEARS, R/O. D. NO. 16-106-4-77-A, NEAR ROJA LAYOUT, DIGUVA KAMMAPALLE, MADANAPALLE TOWN, MANDAL, ANNAMAYYA DISTRICT. 5. R.NIKHIL KUMAR, S/O R.RUSHENDRANAIDU, AGED ABOUT 26 YEARS, R/O. D. NO. 16-106-4-77-A, NEAR ROJA LAYOUT, DIGUVA KAMMAPALLE, MADANAPALLE TOWNM, MANDAL, ANNAMAYYA DISTRICT. 6. R.SHASI KUMAR, S/O R.RUSHENDRA NAIDU, AGED ABOUT 24 YEARS, R/O. D. NO. 16-106-4-77-A, NEAR ROJA LAYOUT, DIGUVA KAMMAPALLE, MADANAPALLE TOWN, MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA APRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, A.P. SECRETARIAT, AMARAVATHI,VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT. 3. THE JOINT COLLECTOR, ANNAMAYYA DISTRICT 2 4. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE REVENUE DIVISION, MADANAPALLE, ANNAMAYYA DISTRICT 5. THE TAHSILDAR, MADANAPALLE,ANNAMAYYA DISTRICT 6. R THULASIRAM NAIDU, S/O. R.KAMALAKAR NAIDU, AGED ABOUT 67 YEARS, R/O D.NO. 15-117-11 SREERAMULU STREET, MADANAPALLETOWN, MANDAL. ANNAMAYYA DISTRICT ...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 tomay be pleased to issue an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the orders passed in D. Dis. (D2)/2567/2023, dated 29-02-2024 by the Respondent No. 3 thereby confirming the orders of Respondent No. 4 passed in D. Dis- B4/2076/2022, dated 27-06-2023, which has confirmed the orders of Respondent No. 5 passed in Roc.No.A/192/2022 dated 20.08.2022 as illegal, arbitrary and contrary to the provisions of A.P. Rights in Land and Pattadar Passbooks Act, 1971 and the Rules thereon besides of Article 14, 21 and 300A Constitution of India and consequently set aside the orders passed in D. Dis. (D2)/2567/2023, dated 29-02-2024 by the Respondent No. 3 and to pass IA NO: 1 OF 2024 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 may be pleased to suspend the revenue entries for the subject property i.e. an extent of Ac. 1.08 cents in S. No. 163/1 A, Ac. 0.37 cents in S. No. 163/1, Ac.0.01 cents in S. No. 164 and Ac.0.0175 cents in S. No. 164/A of Kammapalle Revenue Village, Madanapalle Revenue Mandal pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. P JAGADISH CHANDRA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. G RAMESH BABU 3 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.1 to 5. The 6th respondent filed counter affidavit but there is no representation. 2. The learned counsel for the petitioners submits that already the petitioners have instituted O.S. No.595 of 2022 on the file of Principal Junior Civil Judge, Madanapalle against the 6th respondent and others seeking partition of the suit schedule properties in which the I.A. No.542 of 2022 was filed for grant of ad-interim injunction and the same was ordered by the trial court on 25.07.2022. Hence, the learned counsel for the petitioners submits that, as the petitioners already approached the civil court in the above said suit proceedings, they may be permitted to pursue the same by disposing of this writ petition. 3. In view of the above said submission made by the learned counsel for the petitioners, the writ petition is disposed of directing the petitioners and the 6th respondent to pursue the above said suit to work out their remedies by pursuing the above said suit proceedings. The petitioners are at liberty to seek necessary interim relief before the civil court if so warranted and advised. Interim order, if any, deemed to have been vacated herein. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 20.01.2026 NNN