Petitioners challenged a Tahsildar's order directing them to appeal against a revenue/mutation decision affecting their agricultural lands. With their statutory appeal pending before the District Revenue Officer, the court disposed of the writ petition at admission stage without adjudicating the merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
i!-, '\
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 5342 OF 2024
.'•i
Between:
...Petitioners
AND
i
L
(*
District
...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 the nature of WRIT OF MANDAMUS or any other appropriate writ or direction, declaring the action of the 4'^ respondent in issuing the impugned Order vide Ref No. B-1221/2016, dated 31.01.2024 directing to file appeal before the 3rd respondent, without giving any opportunity to the petitioners and passing the impugned order dated 31.01.2024 in connection with the petitioners agricultural lands in Sy No. 379/1H, Ac. 1.17 cents, Sy No.379/1J, Sy.0.43 cents, Sy No. 349/IK, Ac.0.40 vents total an extent of Ac.2.00 cents and in 379/11 Ac.5.00 cents situated at Dowleswaram Village, Rajamahendravaram Rural Mandal, East Godavari District as illegal, arbitrary and against to the principles of natural justice and also violative Articles 14, 19, 21 and 300-A of Constitution of India by setting aside the Order of the 4th respondent dated 31.01.2024 and consequently direct the 4'^ respondent not to interfere into the peaceful possession and enjoyment of the petitioners agricultural lands until finalization of the appeal pending before the 3 rd respondent in the interest of justice
lA 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
i
c
pleased to direct the respondents particularly 4*^ respondent not to make any changes in the revenue records in connection with the petitioners agricultural lands in Sy No. 379/1H, Ac. 1.17 cents,SyNo.379/1J,Sy.0.43 cents, Sy No. 349/IK, Ac.0.40 vents total an extentofAc.2.00centsandin 379/11 Ac.5.00 cents situated at Dowleswaram Village, Rajamahendravaram Rural Mandal, East Godavari Districtbysuspending the impugned Order vide Ref No. B- 1221/2016, dated31.01.2024issued by the 4*^ respondent, pending disposal of the mainWritPetition
Counsel for the Petitioners: Sri Tenepalli Niranjan
Counsel for the Respondents No.1 to 4: ASSISTANT GPforRevenue
Counsel for the Respondent No.5&6: G Naga Venkata Padma
The Court at the stage of admission made the following:
I-
c#
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATl HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.5342 of 2024
Allampalli Supriya. W/o Late Allampalli Venkata Satya Surya Siva Srinivas, aged 55 years, Occ. AgrLlture. R/o Flat No.404 4 Pushkardham Apartments Near ^ubatic Ventiures, Morampudi, Rajamahendravaram, East Godavari District and another.
... Petitioners
| The Stat Principal Secretaria Mandal, others. |
Versus of Andhra e Secretary, t Buildings, Amaravathi, |
Pradesh, Rep. Revenue Dep Velagapudi. Guntur District |
by its artment, Thullur and fi ... |
Respondents. | |
|---|---|---|---|---|---|
| Counsel for | the petitioners | ; Sri Ten |
epalli Nira | njan | |
| Counsel for | respondents | : GP SriG. |
NagaVenk for |
ataPadma Revenue |
and |
ORDER
This writ petition is filed assailing the proceedings, dated Ref.No.B-1221/2016 by respondent No.4, 31.01.2024 issued vide directing the petitioners to file appeal before respondent No.3 as J illegal and arbitrary.
Page 2 of 5
SRSJ WPNo.5342 of 2024
- Heard Sri G. Venkateshwarlu, learned counsel representing Sri Tenepalli Niranjan, learned counsel for the petitioners;learned Assistant Government Pleader for Revenue for respondentNos.1 to 4 and Sri G. Naga Venkata Padma, learned counsel for respondent Nos.5 and 6.
- Learned counsel for the petitioners would submit that respondent No.6 filed appeal No.Lands-5/e-480757/2024 dated 20.01.2024 on the file of Appellate Authority and District Revenue Officer and Additional District Magistrate East Godavari Rajamahendravaram seeking mutation of his name in respectof land of an extent of Ac.5-00 cents in R.S.No.379-ll in Dowlaiswaram village, Rajamahendravaram Rural Mandal by deleting the name of petitioner No.1 and pending the said appeal, Tahsildar passed the order impugned in this writ petition.
- Learned Assistant Government Pleader for Revenue on instructions, would submit that appeal filed by respondentNo.6 was disposed of on 20.01.2024. Pursuant to said order, the Tahsildar passed order impugned in this writ petition.Hewould submit that against the order of Tahsildar, the petitioners filed appeal on the file of Appellate Authority and DistrictRevenue f
Page 3 of5
SRSJ WPNo.5342 of 2024
f r
Officer and Additional District Magistrate East Godavari, Rajamahendravaram and the same is pending.
- Since the statutory appeal filed by the petitioner, is pending, this writ petition is disposed of at admission stage, Without going into other aspects of the matter, directing the
i
Page 4 of 5
SRSJ WP No.5342 of 2024
Appellate Authority and District Revenue Officer andAdditional District Magistrate, East Godavari, Rajamahendravaram to dispose of the appeal, strictly in accordance with law, as expeditiously as possible, within a period of fourmonthsfrom date of receipt of a copy of this order. No costs.
As a sequel, pending miscellaneous petitions, if any,shall stand closed.
SD/- S.V.S.R.MURTHY JOINT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
PAS
i
J
HIGH COURT
DATED:23/04/2024
< \ V
ORDER
WP.No.5342 of 2024
I O,
'-•Aj
▼
I
mi
^Ched 3f .'0^
'-’W
DISPOSING OFTHEWP WITHOUT COSTS
% 15 t?
1 issue framed by the court
Whether the writ petition should be entertained when the petitioners' statutory appeal against the Tahsildar's mutation order dated 31.01.2024 is already pending before the appellate authority.
2 provisions across 2 enactments
Smt. Allampalli Supriya
Allampalli Aditya Ram Vishal
The State of Andhra Pradesh
The District Collector, East Godavari District
The Revenue Divisional Officer, Rajamahendravaram Division
The Tahsildar, Rajamahendravaram Rural Mandal
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
