Veluri Subba Rao Vs the State of Ap

VELURI SUBBA RAO, S/O VENKATA NARASIMHAM, AGED ABOUT 65 YEARS, SR.CITIZEN, R/O GONUGUNTA VILALGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. ANDHRA PRADESH.

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...PETITIONER

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AND

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

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THE JOINT COLLECTOR, PRAKASAM DISTRICT, ONGOLE.

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THE TAHSILDAR, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT.

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MANNAM VENKATESWARALU, S/O KOTESWARA RAO, AGED 55 YEARS, R/O GONUGUNTA VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM 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 to issue an order, direction or Writ more particularly, one in the nature of Writ of Certiorari declaring the Order, dated 77-08-2023 passed by the Respondent No.2 through his Proceedings vide R.P.No.D.Dis.D2/1467/2022,

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in refusing to interfere with the action of the Respondent No.3, as illegal, arbitrary and contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and in violation of Articles 21 and 300A of Constitution of India and Consequently set aside the Order, dated 22-08-2023 passed by the Respondent No.2 through his Proceedings vide R.P.No.D.Dis.D2/1467/2022 by calling for the concerned records, and to restore the petitioner's name against the subject matter property by deleting the name of the Respondent No.4 in Revenue Records and pass

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IA NO: 1 OF 2023

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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 direct the Respondent No.4 not to create any third party encumbrances against the subject matter property pending disposal of the writ petition pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.YADAVALLI RAMESH

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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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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27624 of 2023

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ORDER:-

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The present writ petition is filed under Article 226 of Constitution of India seeking the following relief:

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“…issue an order, direction or Writ more particularly, one in the nature of Writ of Certiorari declaring the Order, dated 77-08-2023 passed by the Respondent No.2 through his Proceedings vide R.P.No.D.Dis.D2/1467/2022, in refusing to interfere with the action of the Respondent No.3, as illegal, arbitrary and contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and in violation of Articles 21 and 300A of Constitution of India and Consequently set aside the Order, dated 22-082023 passed by the Respondent No.2 through his Proceedings vide R.P.No.D.Dis.D2/1467/2022 by calling for the concerned records, and to restore the petitioner's name against the subject matter property by deleting the name of the Respondent No.4 in Revenue Records and pass…”

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Heard Sri Yadavalli Ramesh, learned counsel for the petitioner and learned Government Pleader for the Revenue.

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The writ petitioner filed Revision Petition under Section 9 of Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971, before respondent No.2 - Joint Collector and Additional District Magistrate, and requested to delete the name of the unofficial respondent from the revenue records, on the ground that the petitioner’s father name was mutated in the revenue records in ROR, Form-1 and Pattadar Pass Book and Title deed issued to the father of the petitioner. After demise of the father of the petitioner, the unofficial respondent got mutated his name in the revenue records, the land in Sy.No.382/3 an extent o f 2.24 cents. The said Revision Petition was disposed of by the respondent No.2 vide proceedings R.P.No.D.Dis.D2/1467/2022, dated 22.08.2023, directing the Tahsildar, Chimakurthy, to delete the entries made in favour of Gnana Bhaskar S/o Mannam Venkateswarlu, in revenue records for excess extent of Ac.0.10

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cents in Sy.No.382-2 of Gonugunta village of Chimakurthy Mandal, interalia, an observation was made suggesting the aggrieved may approach Civil Court and seek appropriate relief as deemed fit and proper under Section 8(2) of the A.P.Rights in Land and Pattadar Pass Books Act, 1971. The said proceedings were assailed on the ground that the name of the father of the petitioner was recorded in the revenue records and the entries were deleted by respondent No.3/Tahsildar, which is contrary to the Judgment in Chinnam Pandurangam Vs. Mandal Revenue Officer, Serilingampally Mandal,¹ .

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Despite the service of notice, there is no appearance on behalf of respondent No.4.

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The learned counsel for the petitioner argued that the 2^nd respondent directed the parties to file Civil Suit. Accordingly, the petitioner herein filed a Civil Suit vide O.S.No.557 of 2025 for declaration of Title and Injunction pending on the file of III Additional Civil Judge (Junior Division), Ongole, and the said suit is pending. Hence, prayed to set aside the impugned proceedings, and to direct the 3^rd respondent to restore the name of the father of the petitioner in the revenue records.

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On careful perusal of the impugned order, it appears that there is a civil dispute in between the petitioner and unofficial respondent.

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As the suit is pending for declaration of title, this Court is of view that it is appropriate to direct the 3^rd respondent-Tahsildar, to place the land in Sy.No.382/3 to an extent of Ac.0-47 cents of Gonugunta Village of Chimakurthy Mandal, in dispute register till the dispose of the Civil Suit vide O.S.No.557 of 2025 pending on the file of III Additional Civil Judge (Junior Division), Ongole, in the interest of justice of both the parties.

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