Rao Rajya Lakshmi Vs the Joint Collector

Nekkanti Visalakshi, W/o. N.V.V.N.Chowdhary, Age 69 years, Occ. Housewife Resident of D.No.86-2-23/1, S.P.Reddy Street, Mantena Gardens, V.L.Puram Rajahmundry-533 103. East Godavari District, A.P.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Dept, State Secretariat Buildings, Velagapudi, Amaravathi, Guntur District

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The District Collector, East Godavari District at Kakinada, Kakinada, A.P.

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The Appellate Authority/Joint Collector, East Godavari District, Kakinada, A.P.

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The Revenue Divisional Officer, Kakinada, East Godavari District Kakinada, A.P.

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The Tahsildar, Gollaprolu Mandal East Godavari District,^A.P

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Medidi Srinivas, S/o.Sesha Rao, Age 40 years, Occ. Agriculture Chendurthi Village, Gollaprolu Mandal, East Godavari District A.P.

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Chunduru Ramakrishna, S/o.Veeraraju Age 60 years, Occ. Agriculture Chendurthi Village, Gollaprolu Mandal East Godavari District, A.P

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Bala Saraswathi Devi, W/o. Age 60 years, Occ. Housewife, Chendurthi Village, Gollaprolu Mandal East Godavari District,^A.P

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Teeparthi Vijaya BhaskaraRao, Age 40 years, Occ. Housewife Chendurthi Village, Gollaprolu Mandal East Godavari District, A.P

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...Respondents

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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 to issue a Writ, order or direction, more particularly^{oneinthenature} of Mandamus, by declaring the orders of the Joint Collector Kakinada in Ref.REV-DSECOROR(ROR)/1/2016 dated 15**^ April, 2017 only insofar as it pertains to the setting aside of the earlier order of the Revenue Divisional officer in proceedings Ref. No.G/1634/2009 Dated 10-5-2011 in respect of the land in Sy.no.81 of Chundurthi Village, to an extent of 25.89 cents, as illegal, unconscionable and untenable, being violative of the rights of the petitioner contained in Andhra Pradesh Rights in land and pattadar Pass books act, 1971 apart from being violative of her rights in articles 14, 16 and 300 A of the constitution of India.

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lA NO: 1 OF 2020

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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 3 and 4**^ respondents to take no further action to make changes in the entry in the name of petitioner “Nekkani Visalakshi” in the revenue records or to take any action for cancellation of the pattadar pass books or title deeds issued to the petitioner.

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Counsel for the Petitioner: SRI G.V.S. MEHAR KUMAR

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I

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Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE (AP)

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Counsel for the Respondent Nos.6 to 9: NONE APPEARED

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APHC010006362021

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WRIT PETITION NO: 423 OF 2021

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Between:

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Rao Rajya Lakshmi, S/o.R.G.K.S. Surya Rao Age. 62 years R/o. 8-208, Chavali Vari Street, Near Municipal High School, Gandhi Nagar, Kakinada, East Godavari District

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Chittineni Praduymna Pravin, S/o. Chitineni Vidyasagar Rao, aged about 44 years, R/o. B-5, Vikrampuri Colony, Near KFC,^Manovikas Nagar, Secunderabad.

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Lingala Samrajya Deepika, W/o. Venkata Rama Krishna Rao, aged about 50 years, R/o. 8-20-8, Chavali Van Street, Near Municipal High School, Gandhi Nagar, Kakinada, East Godavari District

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Chittineni Ranga Praneeta, D/o. Vidyasagar Rao, aged about 46 years, Chitineni Vidyasagar Rao, aged about 44 years, Rio. B-5, Vikrampuri Colony, Near KFC, Manovikas Nagar, Secunderabad.

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Velugoti Roopa Yachendra, W/o. V. Sarvagnya Yachendra, aged about 37 years, R/o. 1-10-1/12, Street No.6, Ashok Nagar, Musheerab ad, Hyderabad.

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Chittineni Ratna Devi, W/o. Chitineni Vidyasagar Rao, aged about 70 years, R/o. B-5, Vikrampuri Colony, Manovikas Nagar,^{Secunderabad.}

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...Petitioners

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AND

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The Joint CoHector, East Godavari District, Kakinada. 2. The Revenue Divisional Officer, Kakinada Division, East Godavari District.

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Tahsildar, Gollaprolu Mandal, Gollaprolu, East Godavari^District.

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The State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Secretariat, Hyderabad.

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Chunduru Ramakrishna, S/o. Veera Raju, R/o. Chendurthi village, Gollaprolu Mandal, East Godavari District.

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Nekkanti Visalakshmi, W/o. Veera Venkata Ramana, R/o. Chendurthi village, GoHaprolu Mandal, East Godavari District.

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Medidi Srinivas, S/o. Sesha Rao, R/o. Chendurthi village, Gollaprolu Mandal, East Godavari District.

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Chaliki Veerendra S/o RamaRao, Aged about 44 years. Managing Partner Veerendra Five Infra Silpa Recidency D -3 Flat^no.90,Kavuri Hills Madapur, Serilingampalli, Ranga Reddy District, Telangana State

¶50

(R8 is impleaded as per the Order of this Court, dt.02.11.2023^vide order passed in I.A.1 of 2023).

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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 to issue a Writ of Mandamus or any other appropriate writ declaring that the revisional order passed by the 1 St respondent under Section 9 of the A.P. Record of Rights in land and Pattadar Pass Books^Act, 1971 vide ROR/1/2016, dated 15.04.2017 (to which the petitioners - owners and possessors are not parties) and relegating the unconcerned persons who are the private party respondents herein to civil court for adjudication of title, is arbitrary and illegal and consequently set aside the^same and direct the respondents to issue pattadar pass books and title^deeds in favour of the petitioners in respect of the land admeasuring Ac.54.80 cents in Sy.No.81 of Chendurthi Village, Gollaprolu Mandal, East Godavari^{Districtintermsofthe}

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/ /

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report of the Tahsildar, Gollaprolu in File No.B/376/2011,^dated 14.08.2011 and also incorporate the names of the petitioners in all the revenue records (physical and electronic) as owners and possessors^{ofthesaidlandandgrant} such other relief as it deems fit and proper in the^{circumstancesofthecase.}

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents not to interfere with the possession^{andenjoymentof} the petitioners over the land admeasuring Ac.54.80^cents in Sy.No.81 of Chendurthi Village, Gollaprolu Mandal, East Godavari District, pending disposal of the writ petition and grant such other^reliefas it deems fit in the circumstances of the case.

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lA NO: 2 OF 2023

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Between:

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Nekkanti Visalakshmi, W/o. Veera Venkata Ramana, R/o. Chendurthi village, Gollaprolu Mandal, East Godavari District.

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...Petitioner/6^‘’ Respondent

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AND

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Rao Rajya Lakshmi, S/o.R.G.K.S. Surya Rao Age. 62^years R/o. 8-208, Chavali Vari Street, Near Municipal High School, Gandhi Nagar, Kakinada, East Godavari District

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Chittineni Praduymna Pravin, S/o. Chitineni Vidyasagar^Rao,aged about 44 years, R/o. B-5, Vikrampuri Colony, Near KFC, Manovikas Nagar, Secunderabad.

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Lingala Samrajya Deepika, W/o. Venkata Rama Krishna^Rao,aged about 50 years, R/o. 8-20-8, Chavali Van Street, Near^{MunicipalHigh} School, Gandhi Nagar, Kakinada, East Godavari District

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Chittineni Ranga Praneeta, D/o. Vidyasagar Rao, aged about 46 years, Chitineni Vidyasagar Rao, aged about 44 years, Rio. B-5, Vikrampuri Colony, Near KFC, Manovikas Nagar, Secunderabad.

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Velugoti Roopa Yachendra, W/o. V. Sarvagnya Yachendra, aged about 37 years, R/o. 1-10-1/12, Street No.6, Ashok Nagar, Musheerab ad, Hyderabad.

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Chittineni Ratna Devi, W/o. Chitineni Vidyasagar Rao, aged about 70 years, R/o. B-5, Vikrampuri Colony, Manovikas Nagar,^{Secunderabad.}

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The Joint Collector, East Godavari District, Kakinada. 8. The Revenue Divisional Officer, Kakinada Division, East Godavari District.

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Tahsildar, Gollaprolu Mandal, Gollaprolu, East Godavari^District. 10. The State of Andhra Pradesh, rep. by its Secretary, Revenue

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Department, Secretariat, Hyderabad.

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Chunduru Ramakrishna, S/o. Veera Raju, R/o. Chendurthi village, Gollaprolu Mandal, East Godavari District.

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Medidi Srinivas, S/o. Sesha Rao, R/o. Chendurthi village, Gollaprolu Mandal, East Godavari District.

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...Respondents

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt.6-01- 2021 made in W.P.No.423/2021 on the file of this Hon'ble Court in the interests of justice.

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Counsel for the Petitioners: M/S BHARADWAJ ASSOCIATES

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Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.8: SRI K.P.S. SAILESH REDDY Counsel for the Respondent No.6; SRI G.V.S. MEHAR KUMAR The Court made the following:

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/

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APHC010030802020

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233] (Special Original Jurisdiction)

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MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 1988/2020

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Between:

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1.NEKKANTI VISALAKSHI,, W/O.N.V.V.N.CHOWDHARY AGE 69 YEARS, OCC. HOUSEWIFE RESIDENT OF D.NO.86-2-23/1, S.P.REDDY STREET MANTENA GARDENS, V.LPURAM RAJAH MU N DRY-533 103. EAST GODAVARI DISTRICT, A.P.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPT, STATE SECRETARIAT BUILDINGS, VELAGAPUDl, AMARAVATHI, GUNTUR DISTRICT

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2.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA, KAKINADA, A.P.

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3.THE APPELLATE AUTHORITY/JOINT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA, A.P.

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4.THE REVENUE DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI DISTRICT KAKINADA, A.P.

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5.THE TAHSILDAR, GOLLAPROLU MANDAL EAST GODAVARI DISTRICT, A.P

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6.MEDIDI SRINIVAS, S/O.SESHA RAO, AGE 40 YEARS, OCC. AGRICULTURE CHENDURTHI VILLAGE, GOLLAPROLU MANDAL EAST GODAVARI DISTRICT A.P.

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2

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7.CHUNDURU RAMAKRISHNA, S/O.VEERARAJU AGE 60 YEARS OCC. AGRICULTURE CHENDURTHIVILLAGE.GOLLAPROLU MANUAL EAST GODAVARI DISTRICT. A.P

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BALA SARASWATHI DEVI, W/0. AGE 60 YEARS. OCC.HOUSEWIFE CHENDURTHIVILLAGE.GOLLAPROLU MANDAL EAST GODAVARI DISTRICT. A.P

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9.TEEPARTHI VIJAYA BHASKARARAO. AGE 40 YEARS, OCC.HOUSEWIFE CHENDURTHI VILLAGE. GOLLAPROLU MANDAL EAST GODAVARI DISTRICT, A.P

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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 toto issue a Writ, order or direction, more particularly one in the nature of Mandamus, by declaring the orders of the Joint Collector Kakinada in Ref.REV-DSECOROR(ROR)/1/2016 dated 15th April, 2017 only insofar as It pertains to the setting aside of the earlier order of the Revenue Divisional officer in proceedings Ref.No.G/1634/2009 Dated 10-5-2011 , ^ in respect of the land in Sy.r.o.81 of Chundurthi Village, to an extent of 25.89 cents, as illegal, unconscionable and untenable, being violative of the rights of the petitioner contained in Andhra Pradesh Rights in land and pattadar Pass books act, 1971 apart from being violative of her rights in articles 14,16 and 300 A of the constitution of India lA NO: 1 OF 2020

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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 take no further action to make changes in the entry in the name of petitioner Nekkani Visalakshi in the revenue records or to take any action for cancellation of the pattadar pass books or title deeds issued to the petitioner and pass Counsel for the Petitioner:

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1.G VS MEHAR KUMAR

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Counsel for the Respondent(S):

GP FOR REVENUE (AP)

3

/ / / / /

/

APHC010006362021

IN THE HIGH COURT OF ANDHRA PRADESH MM (SpecialATAMARAVATIOriginal Jurisdiction) [3233]

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MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 423/2021

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Between:

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1.RAO RAJYA LAKSHMI. S/O.R.G.K.S. SURYA RAO AGE. 62 YEARS R/0. 8-20-8, CHAVALI VARI STREET, NEAR MUNICIPAL HIGH SCHOOL, GANDHI NAGAR, KAKINADA, EAST GODAVARI DISTRICT

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2.CHITTINENI PRADUYMNA PRAVIN,, S/O. CHITINENI VIDYASAGAR RAO, AGED ABOUT 44 YEARS, R/O. B-5, VIKRAMPURI COLONY, NEAR KFC, MANOVIKAS NAGAR, SECUNDERABAD.

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3.LINGALA SAMRAJYA DEEPIKA,, W/O. VENKATA RAMA KRISHNA RAO, AGED ABOUT 50 YEARS, R/O. 8-20-8, CHAVALI VAN STREET, NEAR MUNICIPAL HIGH SCHOOL, GANDHI NAGAR, KAKINADA EAST GODAVARI DISTRICT

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4.CHITTINENI RANGA PRANEETA,. D/0. VIDYASAGAR RAO AGED ABOUT 46 YEARS, CHITINENI VIDYASAGAR RAO, AGED ABOUT 44 YEARS, RIO. B-5, VIKRAMPURI COLONY, NEAR KFC, MANOVIKAS NAGAR, SECUNDERABAD.

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5.VELUGOTI ROOPA YACHENDRA W/O. V. SARVAGNYA

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YACHENDRA, AGED ABOUT 37 YEARS, R/O. 1-10-1/12, STREET NO.6, ASHOK NAGAR, MUSHEERAB AD, HYDERABAD.

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6.CHITTINENI RATNA DEVI,, W/O. CHITINENI VIDYASAGAR RAO AGED ABOUT 70 YEARS, R/O. B-5, VIKRAMPURI COLONY MANOVIKAS NAGAR, SECUNDERABAD.

4

\ \

...PETITIONER(S)

AND

1.THE JOINT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA.

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2.THE REVENUE DIVISIONAL OFFICER, KAKINADA DIVISION,^EAST GODAVARI DISTRICT.

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3.TAHSILDAR, GOLLAPROLU MANDAL, GOLLAPROLU, EAST GODAVARI DISTRICT.

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4.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT. HYDERABAD.

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5.CHUNDURU RAMAKRISHNA, S/0. VEERA RAJU, R/0. CHENDURTHI VILLAGE, GOLLAPROLU MANDAL, EAST GODAVARI DISTRICT.

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6.NEKKANTI VISALAKSHMl, W/0. VEERA VENKATA RAMANA, RIO. CHENDURTHI VILLAGE, GOLLAPROLU MANDAL. EAST GODAVARI DISTRICT.

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7.MEDIDI SRINIVAS, S/0. SESHA RAO. R/O. CHENDURTHI VILLAGE, GOLLAPROLU MANDAL, EAST GODAVARI DISTRICT.

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8.CHALIKI VEERENDRA S/O RAMARAO, AGED ABOUT 44 YEARS. MANAGING PARTNER VEERENDRA FIVE INFRA SILPA RECIDENCY D -3 FLAT NO. 90. KAVURI HILLS MADAPUR, SERILINGAMPALLI, RANGA REDDY DISTRICT. TELANGANA STATE R8 IS IMPLEADED AS PER THE ORDER OF THIS COURT, DT.02.11.2023 VIDE ORDER PASSED IN I.A.1 OF 2023.

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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 toissue a Writ of Mandamus or any other appropriate writ declaring that the revisional order passed by the 1st respondent^{underSection9ofthe} A.P. Record of Rights in land and Pattadar Pass Books Act, 1971 vide ROR/1/2016, dated 15.04.2017 (to which the petitioners - owners and possessors are not parties) and relegating the unconcerned persons who are the private party respondents herein to civil court for adjudication of title, is arbitrary and illegal and consequently set aside the^same and direct the respondents to issue pattadar pass books and title^deeds in favour of the

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7

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5

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petitioners in respect of the land admeasuring Ac.54.80 cents in Sy.No.81 of Chendurthi Village, Gollaprolu Mandal, East Godavari^District in terms of the report of the Tahsildar, Gollaprolu in File No.B/376/2011,^dated 14.08.2011 and also incorporate the names of the petitioners in all the revenue records (physical and electronic) as owners and possessors of the said land and grant such other relief as it deems fit and proper in the^{circumstancesofthecase.}

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the Fligh Court may be pleased direct the respondents not to interfere with the possession and enjoyment of the petitioners over the land admeasuring Ac.54.80 cents in Sy.No.81 of Chendurthi Village, Gollaprolu Mandal, East Godavari District, pending disposal of the writ petition and grant such other^reliefasit

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased pleased to implead Chaliki Veerendra, s/o. Rama Rao, aged about 44 years. Managing Partner Veerendra Five Infra, Silpa Recidency, D-3 Flat No.90, Kavuri Hills, Madapur, Serilingamapalli, Ranga Reddy District Telangana State as respondent No.8 in the Writ as well as in lA and pass

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lA NO: 2 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim orders dt.6-01- 2021 made^{inW.P.No.423/2021} on the file of this Hon'ble Court in the interests of justice.

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Counsel for the Petitioner(S):

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M/S BHARADWAJ ASSOCIATES

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.K.P.S. SAILESH REDDY

3.G VS MEHAR KUMAR

7

6

'.H

The Court made the following ORDER:

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Heard the learned counsel for the petitioners and the^{learnedAssistant} Government Pleader appearing for the respondent No.5 in W.P.No.1988 of 2020.

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The 6'^ respondent in W.P.No.1988 of 2020 is the 7^^^ respondent in W.P.No.423 of 2021. The 7^*^ respondent in W.P.No.1988^of2020 is the ,5 th respondent in W.P.No.423 of 2021. The petitioner in^{W.P.No.1988of2020is} the respondent in W.P.No.423 of 2021. Since the parties^arecommon in both the Writ Petitions and as the impugned proceedings of the Joint Collector, Kakinada dated 15.04.2017 is one and the same, these two Writ Petitions were disposed of by way of a common Order^{withtheconsentofall} the parties concerned represented by their respective^counsels.

¶156

The learned Senior Counsel appearing for the writ petitioners in W.P.No.423 of 2021 submits that the appellate authority and the Joint Collector, East Godavari District, Kakinada, passed the impugned order in revision dated 15.04.2017 under Section 9 of the Andhra Pradesh Rights in Land Pattadar Passbooks Act, 1971, relegating the unconcerned persons who are the private party respondents herein to the Civil Court seeking adjudication on the title and without assigning any reasons, the order of the Revenue Divisional Officer, Kakinada under Ref.E/1553/2013, dated

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09.12.2015 was set aside. The appellant therein and the respondents therein approached the civil court for the settlement of the dispute. 4. The main contention of the learned Senior Counsel is that having opined that this matter is to be resolved by the competent Civil Court between the parlies concerned, the Joint Collector ought not to have set aside the proceedings of the Revenue Divisional Officer dated 09.12.2015. His specific contention is that there is no speaking order to set aside the proceedings of the Revenue Divisional Officer dated 09.12.2015 by the Joint Collector in his impugned proceedings dated 15.04.2017. The learned counsels appearing for the respondents also submitted that the matter can be remanded for fresh consideration, by giving due opportunity to all the parties concerned. 5. In view of the above said facts and circumstances, the impugned proceedings of the 1=' respondent in W.P.No.423 of 2021, dated 15.04.2017 is set aside herewith, remanding the matter to the Joint Collector for fresh consideration by hearing all the parties concerned giving due opportunity including the petitioners and the unofficial respondents in both the cases and the authorities concerned upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably, within a period of two (2) months from the date of

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7

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8

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receipt of this Order and both the parties shall cooperate for early disposal of the revision.

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