Gorle Appa Rao Vs the State of Ap

GORLE CHINNA APPA RAO, , S/O. LATE POTHINAIDU, AGED 54 YEARS, OCC. CULTIVATION, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE SANYASI RAO,, S/O. LATE POTHINAIDU, AGED 51 YEARS, OCC. CULTIVATION, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE APPALA NAIDU,, S/O. LATE POTHINAIDU, AGED 48 YEARS, OCC. CULTIVATION, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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...PETITIONER(S)

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AND

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

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DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM.

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REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM REVENUE DIVISION, VISAKHAPATNAM DISTRICT.

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2

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TAHSILDAR, , PARAVADA MANDAL, VISAKHAPATNAM DISTRICT.

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VILLAGE REVENUE OFFICER, EDULAPAKA BONANGI VILLAGE, PARAVADA MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE PADMA, W/O. APPA RAO, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE SIMHACHALAM, S/O. CHINNULU, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE YERUKUNAIDU, S/O. CHINNULU, RIO. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE DEMUDU, S/O. CHINNULU, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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VINNETI SANYASI RAO, , S/O. RAMULU, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE DEMUDAMMA, W/O. PEDA APPA RAO, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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YASARAPU KANAKA RAO, S/O. SOMUNAICLU, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE PEDA APPA RAO, , S/O. APPALA NAIDU, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE YERRAYYAMMA, W/O. SIMHACHALAM, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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PYLA AKKULAMMA, W/O. SIMHACHALAM, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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3

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BANDARU RAMUNAIDU, S/O. SIMHACHALAM, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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RAPETI VENKATA APPA RAO, , S/O. APPALANAIDU, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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BOKAM CHELLAIAH, S/O. CHINNODU, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE JAYALAKSHMI, W/O. BYLAPUDI APPA RAO, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE KANAKARAJU, S/O. APPA RAO, RM. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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GORLE SRINIVASA RAO, S/O. APPA RAO, RIO. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM DISTRICT.

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KALIDHINDI DURGARANI, W/O. VENKATA SATYANARAYANA, R/O. GORLEVANIPALEM VILLAGE, EEDULAPAKA BONANGI MANDAL, VISAKHAPATNAM 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Endorsement in Rc.No.1145/2019/SA, dt. 27.12.2021 issued by the 4th respondent, thereby rejecting for correction of online entries in 1-B(ROR) and Adangal Pahani connected to petitioners' total lands of Ac. 15.48 cents in Survey Nos. 273/1, 273/3, 331/14, 348/12, 348/14, 351/1, 351/2 and 351/13 respectively, situated in Eedulapaka Bonangi Revenue Village, Paravada Mandal of Visakhapatnam District, and for maintenance of Pattadar Passbooks and Title Deeds in conformity thereof after deleting the names of respondents 6 to 22 pursuant to their separate online applications dated 22.09.2018 and 23.09.2018 submitted through Meeseva, as illegal, irregular, irrational, violative of principles of natural justice and amounts to non-discharge of legal obligation conferred on him under the

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4

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provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under and offends Articles 14 and Article 21of Constitution of India and consequently direct the respondents 3 and 4 to correct the said entries in record of rights by mutating names of petitioners after deleting that of respondents 6 to 22

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IA NO: 1 OF 2022

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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 operation of Endorsement in Rc.No.1145/2019/SA, dated 27.12.2021 issued by the 4th respondent and consequently direct the Respondents 3 and 4 to mutate the names of the petitioners in all Online Web Land Revenue Records such as Adangal Pahanies, Record of Rights connected to their total lands of Ac. 15.48 cents in Survey Nos. 273/1, 273/3, 331/14, 348/12, 348/14, 351/1, 351/2 and 351/13 respectively, situated in Eedulapaka Bonangi Revenue Village, Paravada Mandal of Visakhapatnam District by deleting that of respondents 6 to 22, pending disposal of the main Writ Petition

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Counsel for the Petitioner(S):

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1.S.V.S.S.SIVA RAM

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.P RAJASEKHAR

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3.MOKA KONDALA RAO

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The Court made the following Order:

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Heard Sri K. Chethan, learned counsel representing Sri S.V.S.S.Siva

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Ram, learned counsel for the petitioners, the learned Assistant Government

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Pleader for Revenue and Sri P. Eswara Rao, learned counsel representing Sri

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P. Rajasekhar, learned counsel appearing for the respondent Nos.10, 14, 18 & 22.

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The grievance of the petitioners in the instant Writ Petition is against the proceedings of the respondent No.4, dated 27.12.2021 rejecting the application filed by the petitioners for making necessary entries in the webland Adangal submitted through online ‘Mee Seva’ application, dated 22.09.2018 and 23.09.2018.

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The 4^th respondent – Tahsildar vide the impugned proceedings had observed as follows:

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“ The Writ Petitioners were issued with Manual Pattadar Pass Books/TDs vide Khata Nos.396, 397, 398 & 399 respectively for their lands, but it seems that the subject lands i.e., S.Nos.273/1, 273/3, 331/14, 348/12, 348/14, 351/1, 351/2 & 351/13 were not found place in the said Khatas. As such the request of the petitioners for inclusion of their names (filed through online mee-seva applications, dated 22.09.2018 and 23.09.2018) for the subject lands deserves no consideration. Subsequently the request is rejected. If the petitioners/applicants have got any objection/grievance regarding the issuance of the Pattadar Pass Books to the respondents 6 to 22 they ought to have prefer an appeal before the competent forum i.e., Appellate Authority & Revenue Divisional Officer, Visakhapatnam under Section 5 of ROR Act”.

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In support of his contention, the learned counsel for the petitioners places before the Court a copy of the pattadar passbooks. Perusal of the same would reflect that the subject Survey Numbers are very much shown in the pattadar passbooks.

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6

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Having regard to the same, the finding of the respondent No.4 that these lands have not been mentioned in the relevant pattadar passbooks are unfounded and the same indicates the perversity of the said finding.

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In view of the foregoing, the impugned proceedings of the 4^th respondent, dated 27.12.2021 are set aside and the matter is remanded to the 4^th respondent – Tahsildar for passing appropriate orders afresh, after affording sufficient opportunity of hearing both the petitioners and the unofficial respondents.

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