Smt. Padmini Paruchuri, Vs Parasa Rajiv Ratan

Writ Appeal under clause 15 of the Letters Patent to present this memorandum of Writ Appeal against the orders in W.P.No. 4334 of 2025 dated 20-02-2025

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Between:

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PADMINI PARUCHURI, W/O VENKATA BKR PARUCHURI, AGED 60 YEARS, R/O 60 NAVANIRMAN NAGAR, JUBILEE HILLS, RD NO.71, HYDERABAD-500096 TELANGANA STATE

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...APPELLANT

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AND

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PARASA MOUNIKA RATAN, D/O YESURATNAM, AGED 37 YEARS OCC EMPLOYEE R/O D. NO. 36-8-36, NEHRU NAGAR WOODPETA VIJAYAWADA NTR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, NTR DISTRICT AT VIJAYAWADA

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THE REVENUE DIVISIONAL OFFICER, NUNNA, VIJAYAWADA RURAL, NTR DISTRICT

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THE TAHSILDAR, VIJAYAWADA RURAL MANDAL, NTR DISTRICT.

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RRR,J & TCDS,J W.A.No.1297 of 2025 & batch

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...RESPONDENT(S):

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IA NO: 1 OF 2025

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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 petition to dispense with the filing of the certified copy of the order dated 2002-2025 in W.P.No. 4334 of 2025, in the interest of justice, and pass

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IA NO: 2 OF 2025

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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 pleased to grant leave to file appeal aggrieved by the orders dated 20-022025 in W.P.No. 4334 of 2025, in the interest of justice, and pass

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IA NO: 3 OF 2025

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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 pleased to condone the delay ( 223) of days in filing against the order dated 20-02- 2025 in W.P.No. 4334 of 2025, in the interest of justice, and pass

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IA NO: 4 OF 2025

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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 pleased to permit the Appellants to file the additional documents which are filed as list of documents in the interest of justice and pass

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IA NO: 5 OF 2025

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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 pleased on to suspend the orders dated 20-02-2025 in W.P.No. 4334 of 2025, in the interest of justice, pending disposal of the writ appeal, and pass

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WRIT APPEAL NO: 1299/2025

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Writ Appeal under clause 15 of the Letters Patent of Writ Appeal against the orders Prasad in in W.P.No. 4270 of 2025 dated. 20-02-2025

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Between:

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PADMINI PARUCHURI, W/O VENKATA BKR PARUCHURI, AGED 60 YEARS, R/O 60 NAVANIRMAN NAGAR, JUBILEE HILLS, RD NO.71, HYDERABAD-500096 TELANGANA STATE.

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...APPELLANT

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AND

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PARASA DOLLY RATAN, D/O YESURATNAM, AGED 35 YEARS OCC. HOME MAKER R/O D. NO. 36-8-36, NEHRU NAGAR WOODPETA VIJAYAWADA NTR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, NTR DISTRICT AT VIJAYAWADA

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THE REVENUE DIVISIONAL OFFICER, NUNNA, VIJAYAWADA RURAL, NTR DISTRICT

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THE TAHSILDAR, VIJAYAWADA RURAL MANDAL, NTR DISTRICT.

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...RESPONDENT(S):

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IA NO: 1 OF 2025

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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 dispense with the filing of the certified copy of the order dated 20-02-2025 in W.P.No. 4270 of 2025, in the interest of justice, and pass

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IA NO: 2 OF 2025

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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 Pleased to condone the delay (223 ) of days in filing against the order dated 20-02-2025 in W.P.No. 4270 of 2025, in the interest of justice, and pass

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IA NO: 3 OF 2025

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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

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RRR,J & TCDS,J W.A.No.1297 of 2025 & batch

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grant leave to file appeal aggrieved by the orders dated 20-02- 2025 in W.P.No. 4270 of 2025, in the interest of justice, and pass

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IA NO: 4 OF 2025

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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 pleased to permit the Appellants to file the additional documents which are filed as list of documents in the interest of justice and pass

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IA NO: 5 OF 2025

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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 suspend the orders dated 20-02-2025 in W.P.No. 4270 of 2025, in the interest of justice, pending disposal of the writ appeal, and pass

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WRIT APPEAL NO: 170/2025

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Writ Appeal under clause 15 of the Letters Patent to present this memorandum of Writ Appeal against the orders in W.P.No. 1338 of 2025 dated 21-01-2025

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Between:

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SMT. PADMINI PARUCHURI,, W/O VENKATA BKR PARUCHURI, AGED 60 YEARS, R/O 60 NAVANIRMAN NAGAR, JUBILEE HILLS, RD NO.71, HYDERABAD-500096 TELANGANA STATE.

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...APPELLANT

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AND

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PARASA RAJIV RATAN, S/O YESURATNAM AGED 36 YEARS OCC BUSINESS R/O D. NO. 36836, NEHRU NAGAR WOODPETA VIJAYAWADA NTR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, NTR DISTRICT AT VIJAYAWADA.

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THE REVENUE DIVISIONAL OFFICER, NUNNA, VIJAYAWADA

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RURAL, NTR DISTRICT

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THE TAHSILDAR, VIJAYAWADA RURAL MANDAL, NTR DISTRICT

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...RESPONDENT(S):

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IA NO: 1 OF 2025

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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 Petition to dispense with the filing of the certified copy of the order dated 2101-2025 in W.P.No. 1338 of 2025, in the interest of justice, and pass such

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IA NO: 2 OF 2025

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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 appeal aggrieved by the orders dated 21-01-2025 in W.P.No. 1338 of 2025. Since i am not party to the said proceedings filing the present petition to grant leave to file appeal aggrieved by the orders dated 21-01-2025 in W.P.No. 1338 of 2025, in the interest of justice, and pass such

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IA NO: 3 OF 2025

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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 petition to suspend the orders dated 21-01-2025 in W.P.No. 1338 of 2025, in the interest of justice, pending disposal of the writ appeal, and pass such

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Counsel for the Appellants:

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1.KRUPACHAND GOGINENI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.NIMMAGADDA REVATHI

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WRIT APPEAL NO: 1298/2025

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Writ Appeal under clause 15 of the Letters Patent above named begs to present this memorandum of Writ Appeal against the orders passed in W.P.No. 4402 of 2025 dated 22-02-2025 for the following among other

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Between:

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PADMINI PARUCHURI, W/O VENKATA BKR PARUCHURI, AGED 60 YEARS, R/O 60 NAVANIRMAN NAGAR, JUBILEE HILLS, RD NO.71, HYDERABAD-500096 TELANGANA STATE.

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...APPELLANT

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AND

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PARASA YESURATNAM, S/O AADAM, AGED 70 YEARS OCE CULTIVATION R/O D. NO. 36-8-36, NEHRU NAGAR WOODPETA VIJAYAWADA NTR DISTRICT. ... .RESPONDENT/PETITIONER 2.

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3.

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THE DISTRICT COLLECTOR, NTR DISTRICT S VIJAYAWADA. 4.

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THE REVENUE DIVISIONAL OFFICER, NUNNA, VIJAYAWADA RURAL, NTR DISTRICT 5.

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THE TAHSILDAR, VIJAYAWADA RURAL MANDAL, NTR DISTRICT.

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...RESPONDENT(S):

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IA NO: 1 OF 2025

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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 or the reasons stated in the accompanying affidavit, Therefore. I am filing the present petition to dispense with the filing of the certified copy of the order dated 20-02-2025 in W.P.No. 4402 of 2025, in the interest of justice, and pass s

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IA NO: 2 OF 2025

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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 For the reasons stated in the accompanying affidavit. Therefore, I am filing appeal aggrieved by the orders dated 20-02-2025 in W.P.No. 4402 of 2025. Since ! am not party to the said proceedings filing the present petition to grant leave to file appal aggrieved by the orders dated 20-02- 2025 in WP.No. 4402 of 2025, in the interest of justice, and pass

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IA NO: 3 OF 2025

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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 or the reasons stated in the accompanying affidavit, It is therefore prayed that this Honourable Court may be pealed to condone the delay ( 223) of days in filing against the order dated 20-02- 2025 in W.P.No. 4402 of 2025, in the interest of justice, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstanrs of the case.

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IA NO: 4 OF 2025

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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 For the reasons stated in the accompanying affidavit, it is humbly prayed that this Hon’ble Court may be pleased to permit the Appellants to file the additional documents which are filed as list of documents in the interest of justice and pass

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IA NO: 5 OF 2025

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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 For the reasons stated in the accompanying affidavit, Therefore. I am filing this petition to suspend the orders dated 20-02-2025 in W.P.No. 4402 of 2025, in the interest of justice, pending disposal of the writ appeal, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case

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Counsel for the Appellant:

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1.KRUPACHAND GOGINENI

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Counsel for the Respondent(S):

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1.KISHORE KUMAR KATARI

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2.GP FOR REVENUE

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The Court made the following Common Judgment:

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(per Hon’ble Sri Justice R. Raghunandan Rao)

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Since the parties in all these Writ Appeals are one and the same and all these Writ Appeals are on the question of right and title over the same extent of land, they are being disposed of, by way of this Common Judgment.

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The appellant in all these Writ Appeals, contends that, her grandfather had purchased the land, in Sy.No.4 of Nunna Village, Vijayawada Rural Mandal, N.T.R. District. After his demise, the property is said to have been partitioned between his children. In the said partition, an extent of Ac.7.70 cents of land in Sy.No.4, Nunna Village, was allotted as the share of her father. Upon the demise of her father, another partition deed is said to have been executed between herself, her brother and her mother. In this partition deed, the aforesaid extent of Ac.7.70 cents of land is said to have been allotted to the appellant.

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The appellant moved the Revenue Authorities, by way of an application, for mutation of the revenue records to reflect her name as the owner and possessor of the aforesaid land. This application was made, on the ground that, the land had been in the possession of the family and had been looked after by her brother till demise, and thereafter, by herself. The appellant also approached this Court, by way of W.P.No.434 of 2025, for a direction to the Revenue Authorities to consider her application for mutation and that, the same is still pending before this Court.

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In the meanwhile, the private respondents in all these Writ Appeals, approached this Court, by way of W.P.Nos.4334, 4402, 4270 & 1338 of 2025. In these Writ Petitions, the respondents in these Writ Appeals, had contended that the aforesaid extent of Ac.7.70 cents of land, was in the possession of their family, for the last 45 years and that, necessary mutation of the revenue records and issuance of pattadar passbooks and title deeds was not being done, on the ground that, the said land falls within the Adivinekkalam block of the reserve forest. The respondents are said to have contended that the said land does not fall within the aforesaid block in view of the certification of the District Forest Officer, dated 07.11.2016 and that, necessary orders can be passed, in this regard.

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A learned Single Judge of this Court, by a judgment, dated 21.01.2025, in W.P.No.1338 of 2025 and another judgment, dated 20.02.2025, in the remaining Writ Petitions, had held that, the application of the respondents, was not in the proper format and permitted the respondents to file an application, in the proper format with a further direction to the official respondents to consider such applications and to pass necessary orders, in accordance with Law. In W.P.No.1338 of 2025, the learned Single Judge, after noticing that, the respondents herein had filed the application, in the proper format, had disposed of the Writ Petition with certain directions being given to the Tahsildar.

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Aggrieved by these Judgments, the appellant has approached this Court, by way of the present Writ Appeals.

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Heard Sri Krupachand Gogineni, learned counsel for the appellant, Smt. Nimmagadda Revathi, learned counsel appearing for the private respondents and the learned Assistant Government Pleader for Revenue appearing for the official respondents.

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The contention of the appellant is that, the land has been in the ownership of her family, since 1938 and that, the respondents herein are persons raising false claims over the said land, keeping in mind the absence of the appellant in the village. The appellant would further contend that, the ownership and title of the said land, cannot be handed over to the respondents merely on their unsubstantiated claim that they have been in possession and cultivation over the said land, for the last 45 years.

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The learned counsel for the respondents, on the other hand, would contend that the appellant, except producing documents said to have been executed between the family members of the appellant, has not demonstrated title and ownership over the said land. The learned counsel appearing for the respondents, would point out that, there is no revenue record to demonstrate the title and ownership, of the appellant, over the said land.

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It is the case of the respondents that, the appellant and her family members, had abandoned these lands as they had been declared to be a part

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of a forest block and thereafter, the respondents herein, had been cultivating those lands.

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In view of the rival submissions and claims being made before this Court, which cannot be gone into by this Court, it would only be appropriate to dispose of these Writ Appeals with the following directions:

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(i). The Tahsildar – Vijayawada Rural Mandal, shall consider any application, filed in the proper format, by either the appellant or the respondents, for mutation of the revenue records and for grant of pattadar passbooks and title deeds.

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(ii). The Tahsildar, before taking any decision, in this regard, shall ensure that, the notice is served on all the parties, in this set of Writ Appeals and give an opportunity of hearing and an opportunity of placing the relevant material before him/her, by all the concerned parties.

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(iii). After such an opportunity is being given, it shall be open to the Tahsildar, to consider such applications, in accordance with Law.

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(iv). Before considering any such applications, the Tahsildar shall first ascertain as to whether the land in question is part of the aforesaid Forest block or falls outside the forest area. If it is found that the land is within the aforesaid block, no further orders need to be passed by the Tahsildar.

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(v). In the event, it is found that the land is outside the forest block, it

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would be open to the Tahsildar to take a decision, in the matter. However, if the disputes raised by the parties are of a complicated nature, involving civil rights, it shall be open to the Tahsildar to refer the same to an appropriate Civil Court, in accordance with Section 8(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.

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There shall be no order as to costs.

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As a sequel, pending miscellaneous applications, if any, shall stand closed.

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R. RAGHUNANDAN RAO, J

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T.C.D. SEKHAR, J