Yaragani Nagamma Vs the State of Ap

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, Order, or Direction more particularly one in the nature of WRIT OF

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MANDAMUS declaring the action of the 5th respondent, in deleting the names of the Petitioners from the Revenue records (IB Adangal/Web Land) in Survey No.334/1B2 of Papayapalem Village, Bellamkonda Mandal, Palnadu District, measuring Ac.6.00 cents lawfully assigned^and possessed by the petitioners and redesignating the same to LPM No.803, without issuing any prior notice, calling for objections, or affording any opportunity of hearing to the petitioners, as illegal, arbitrary, irrational, and violative of the principles of natural justice and the mandatory procedure prescribed under Sections 4 and 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the Rules framed thereunder, and in direct contravention of the law laid down by the Full Bench of this Hon’ble Court in Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal and Others reported in 2007 (6) ALD 348 (FB), and further offending the petitioners fundamental and constitutional rights guaranteed under Articles 14 21, and 300A of the Constitution of India and consequently direct the respondents, particularly the 5th respondent, to restore the names of the petitioners in the Record of Rights.

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lA NO: 1 OF 2Q2fi

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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 direct the 5th Respondent, Bellamkonda Mandal, Palnadu District to forthwith conduct an inquiry and take appropriate action on the representation dated 01.01.2025 in accordance with law and the directions issued by the 4th Respondent vide Rc.No.767/2025-A, dated 12.02.2025 and further restrain the respondents from assigning, or allotting the subject land in favour of third parties.

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Counsel for the Petitioners: G SAI LOCHAN Counsel for the Respondents: GP FOR REVENUE The Court made the following order:

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APHC010331512025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 17805/2025

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Between:

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1.YARAGANI NAGAMMA, W/0 LATE NARAYANA AGED 70 YEARS, CULTIVATION, R/0 27TH WARD, SUDDHAGUNTLA STREET, PIDUGURALLA TOWN, PALNADU DISTRICT.

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2.KANDRAKUNTA RAVI KUMAR,, S/0 KOTESWAR RAO, AGED 48 YEARS. CULTIVATION, R/0 11TH WARD, BRAMHANANA REDDY COLONY, NEAR RAILWAY GATE, PIDUGURALLA TOWN, PALNADU DISTRICT.

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...PETITIONER(S)

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AND

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1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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2.THE DISTRICT COLLECTOR, NARSARAOPET, PALNADU DISTRICT.

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3.THE JOINT COLLECTOR, NARSARAOPET, PALNADU DISTRICT.

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4.THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI DIVISION PALNADU DISTRICT.

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5.THE TAHSILDAR, BELLAMKONDA MANDAL, PALNADU DISTRICT.

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...RESPONDENT(S):

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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 topleased to issue a a Writ, Order, or Direction more particularly one

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Page 2 of 5

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SK W.P.No.17805 ofZOlv

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s.: s rrr£JF “■“ laid down by the Full Bench of this Honble Court in ChinnlrPanT “ooTmi ALdZ and Others reported in" ^007 (6) ALD 348 (FB), and further offending the petitioners fundamental and constitutional rights guaranteed under Articles 14, 21, and 300A of the Constitution of India and consequently direct the respondents , particularly the 5th respondent, to restore the names of the petitioners in the Record of Rights and pass

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iA NOi1OF2025

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:rrrrrrpass“ ^

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Counsel for the Petitioner(S):

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1.G.SAI LOCHAN

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Counsel for the Respondent(S);

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1.GP FOR REVENUE

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The Court made the following:

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SRS,J W.P.NO.17805 of 2025

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Page 3 of 5

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:: ORDER ::

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Heard Sri G. Sai Lochan, learned counsel for the petitioners^and Sri B.V. Satyanarayana, learned Assistant Government Pleader^{forRevenuefor} respondents 1 to 5.

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Learned counsel would submit that the petitioners were assigned^land of an extent of Ac.3-00 cents, each in survey No.334/1B2, Papayapalem Village, Bellamkonda Mandal, Palnadu District, vide^{D-FormpattaNos.607} and 615 dated 15.12.2000 by the then Tahsildar. The^{nameswereupdatedin} ROR, and the petitioners were issued Pattadar Pass^{Books.Hewouldfurther} submit that the adangal dated 06.12.2024 filed as Ex.PO^{reflectsthenamesof} the petitioners in respect of an extent of Ac.3-00^{each,andintheremarks,} it was mentioned as D K Patta.

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Be that as it may, without issuing any notice to^{thepetitioners,the} entries in the webland adangal were changed, describing^{thelandtoanextent} of Ac.6.0330 cents in survey No.334-1B2 as government land and Ralla Gutta.

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The petitioners made a representation, dated 01.01.2025,^{totheDistrict} Collector, Joint Collector of Palnadu District and^{RevenueDivisionalOfficer,} Sattenapalli. The Revenue Divisional Officer, Sattenapalli,^{inturn,addressed} a letter to the Tahsildar, Bellamkonda Mandal, vide Rc.^{No.767/2025-Adated} 12.02.2025, directing the Tahsildar to inquire into^{thematterandsubmita} report. However, the Tahsildar has not conducted any^{enquiry,andhence,the} writ petition has been filed.

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Learned Assistant Government Pleader for Revenue, on instructions, would submit that no notice was issued to the petitioners^{beforechangingthe} entries.

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Page 4 ofS

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W.P.No.i78l?5 of 2075^

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The oral instructions of W.P.No.i78l?5 Revenue are made the etamed Assistant Government Pleader for part of the record.

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Since enquiry and submitrespondent No.4, RDO, directed the Tahsildar to conduct an any purpose. In factathereport,RDO,keepingi the writ petition pending, it may not serve in pursuance of the petitioner, sought for representation made by the a report and thus acted upon the representation.

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Given the facts and circumstances of the case, this writ petition ISi disposed of at the admission stage, with the consent learned side, directing respondent counsel on either No.5, Tahsildar to conduct enquiry and submit a report within four weeks from Ex.PI2, letter dated receipt of the copy of the order, in pursuance of AC.8Ac 3 0000 earheach, m survey No.334/1B2''egarding change of entries i n respect of Papayapalem Viilage, Bellamkonda Mandal, Palnadu District, assigned to the petitione respondent No.4 rs. Thereafter, the learned or the appropriate authority law, if shall pass appropriate orders per necessary, by issuing notice to the petitioners

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entries. regarding correction of

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Pending the inquiry and a final decision, assign the subject land to respondents 2 to 5 shall not any third parties. There shall costs. be no order as to

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

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Sd/- M. SRINiV.AS //true copy// ASSISTANT REGiSTRAR

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To,

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SEC FSCER

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The Principal Secretary, “ Amaravati, Guntur District.’ Revenue Department. Secretariat, Velagapudi, 2. The District Collector ’ ^a'-saraopet, Palnadu 3- The Joint Collector, District. Narsaraopet. Palnadu ■4. The Revenue District. Divisional Officer, R „ ^ettenapalli Division 3- The Tahsildar, Palnadu District. BellamKonda Mandal, Palnadu Dlstho 6. One CC to Sri ^ Sa/ Lochan Advocate fOPUCJ T TwoCCsto - 8- Two CD CopiesGPfof Revenue, High Court Of Andhra Pradesh fOUTj TF

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HIGH COURT

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DATED:23/07/2025

ORDER WPNO. 17805 OF 2025