Andhra Pradesh High Court - Amravati
Madhyahnapu Balakrishna vs The State Of Andhra Pradesh on 17 June, 2022
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION} IN THE HIGH COURT OF ANDHRA PRADESH -: ANARAVAT FRIDAY, THE SEVENTEENTH DAY OF JUNE WO THOUSAND AND TWENTY TWO le" : PRESENT: . . THE HONOQURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 11584 OF 2022 0 a Rehweern: : 1, Machyahnapu Balskrishne, S/o. Late Subbarac, Aged about 62 years, Occ. Gulvation, Rfo. Lakshrnipuram, Hie Dharbhagudern Vilege, Jeelugurll Mandal, Weat Godavari District. Machyahnapu Surya Chandra Rao,, S'o. Laie Subbarso, Aged about 41 years, Oece. Cultivation, Avo. Lakshmipuram, Hic Dharbhagudem Village, Jasiuqurmnill Mandal, Weel Gocdavarl District. Madhyshnapu Ramu, , Sfo. Late Subbarac, Aged about S2 years, Occ Nw fs tod a Cultivation, Ryo. Lakshriipuram, Hvo Dharbhagudem Vilage, Jeelugumill Mandal, West Goclavari District. . Maghyahnapu Lakshmena Rao, Sfo. Late Subbaran, Aged about 65 years, Qec. Cultivation, Ric, Lakshmipuram H/o Dharbhagudem Vilage, Jeslugurnilll Manctal, West Gorlavari District. Machyahnapu Venkateswara Rac,, S'o. Late Subbaran, Aged about 58 years, wo Qee, Cultvation, Rvo. Lakehmipurarm, H/o Dharbhagudem Vilage, Jeelugumilll a" Mandal, Weet Godavari District, on Petitionars AND 1. The State of Andhra Pradesh, Represented by is Principal Secretary, Revenue Capartment, Secretariat Bullings at Velagspucl, Aamearavatl, Guntur District, s. The District Gollecfor, Wast Godavari District, Eluru. 3. The Joint Golleotar, Vest Godavari, Eluru. 4. The Revenue Divisional Cifcer, Jangareddiguden Revenue Division, West Godavar Distict . The Tahsiidhar, Jachigumill Mandal, West Godavari District. Madhyahnepu Satyavath!, Wo. Late Negabhushanam Aged about 62 years, Geo. Nousawile, Rig, Lakshmipuram H/o Dharbhagudern Vilage, Jachigumill Mandal, West Godavari District, Ut Madhyahnapu Lakehirl, Wo. Laie Venkateswara Rac Aged about 80 years, Occ, Mousewle, Rio. Lakshrripurarn Wvo Dharbhagudem Vilage, Jealugumill Mandal, West Godavari District, a « Respondents th tF3 WHEREAS the Petiionar above named through their Advocate M/S KALLA TULAS! DURGAMBA presented this Petition under Article 226 of the Constitution of img praying thai in the circumetances stated in the affidavit Med therewith, the High Gourt may be plessed to issus a wrif or order or direction more particularly one in the nature of writ of mandamus declaring the high-handed action of the resnondants more particularly the action of the 3° respondent in issuing the Impucned orders In Roc. No. TOS2S7 S01 SDS) dated 20.11.2024 oriering the cancellation of Psttadar Passbooks and Tite Deeds of the petitioners over their sublect land In R.S.No 341 admeasuring an extent of Ac. 1.76 Cents and R.S.No.342 adriisasuring an extent of Ac.0.54 Cents tots! admeasuring an extent of Ac.2.30 CentY situated in Lakshmipuram H/o, Dharbhagudem Village, Jeelugumill Mandal, West Godavari District, despite of having valid isqal entitiement over the aublect land by the petitioners as highly Hegal, arbitrary, unconsituiional and viniative of Article 14, 37 and 300-4 of the Constitution of India and | ainst the procedure cantemplaied under The Arvihra Praciesh Rights in Land and QQ Patladar Passbooks Act, 1874 and the Rules, 1989, and consequantially grant slay of eration of the impugned orders passed by the 3° respondent in Ron.No.e- SS? SS019(D8) dated £0.17. 2027 with a firther direction to not mutate the names af cee, 2% ot ES ne B the Gth and 7ih resporeients over ihe paettioners sublect land in R.G.No.ad4 a " s } dmeasuning an extent of Ac 78 Canis and R.S.No.o4e admeasuring an extent of on ae a "AoD.Bd Cents total admessuring an extent of Ac.2.30 Cents situaled in Lakshmipuram Hio Dharbhagudem Vilage, Jeslugumill Mandal, Weat ¢ Sodavad Di strict g AND WHEREAS the High Cou art UPN perusing the petition and affidavit fled herein and upon hearing the arguments of Sf KALLA TULASI DURGAMBA Advocate for the Petitioner, and af GP FOR R PENUE for Respondents diracted issue of notice to the Respondents returnable in four weeks herein to show cause as fo why this WRIT PETITION should not be admitted, You viz: ; - a 1, The Principal Seerstary, Revenue Deparment, State of Andhra Fradesh, Seoretariat Buildings at Velagapudi, Aarmeravati, Guntur District 2 The District Collector, West Godavari District, Eluru, 3. The Joint Collector, West Godavari, Eluru. 4. The Revenue Divisional ONicer, Jangarecddigudem Revenue Division, West Gadavern District, 5 The Tahsiidhar, Jeslugumill Mandal, West Godavari District. . § Macdhyahnapu Satyavathi, Wro. Late Nagabhe ishanam Aged about 62 years, Goo. Housewife, Rfo. Lakehriguram His Dnarbhagucdem Vilage, Jeciugurnd Mandal, West Godavari District. 7. Mathyahnaou Lakahmi, Wo. Laie Venkateswara Rao Aged about 60 years, ec. Housewife, Rfo. Lakshmipurarn His Dharbhagudem Village, Jealugumilh "" Mandal, West Godavari District are directed fo show cause either anpes rm a in parson or through an Advucate, as io why in the circumstances set out in the petition and the aff davit fled therewith joopy enclosed) this WRIT PETITION sho ud not be "arn ited, within four weeks iA NG: 1 OF 2028 Patiion under Section 157 CRC praying thal in the circumstances slated in the affidavit Meci In support of the petition, the High Court may be pisasead to grant stay of operation of the bripugned aniers passcd by the 3° respondent in Ros. No. a 16493; Pal204 SCO8) dated 26.14.2021 with a fisther direction ae ae mutate the names of the 6° and 7! _fespondents ¢ aver the petitioners subj = land | S.No.s4) adrneasuring - an extent of Ac. 17S Cents and R.S.No.o42 admeasuring an "extent of Ac O.G8 Cents" folal admeasufing an extent of Ac2.dQ Gents sHuated in Lakshmipuram H/o Dharbhagudem Vilage, Jeclugumili Mandal West Godavarl Disiricl, sanding disposal of WP No TiS4 of 2022, on the fle of the High Court. ~ The Court made the folie owing? < ORDER:
"Notice before admission returnable in four (04) weeks. 7"
Petitioners are permitted fo take oul personal notice on R6 and RY through RPAD and file proof of service into Registry.
The contention of the petitioners is that the petitioners are the absolute owners and patladar pass books were granted in thelr favour, initially, the respondents 6 and 7 have filed a revision before the Revenue ; Divisional Officer for cancellation of patta which are in favour of petitioners in view of the ratio decided by this Courf In Refmamma Vs. 8.0.0, Gharmavaram (2073(6) ALO 609 D&.-The application filed by the unofficial respondents was dismissed by the Revenue Divisional i OfNcer. Hence the respondents have made an application before the competent authority whe is the 3" respondent Le: Joint Co Hector, West Godavari, Eluru far cancellation of patias granted in favour of the petitioners. Considering the entire record, the Joint Collector has passed an order dated 20.41.2024 by allowing the revision filled by the unofficial réspondents and directed the"
Yahsidar to take necessary action fof cancellation of patias which are in favour of the petitioners, Aggrieved by the sams, the whit petition is filled Learned counselfor the petitioners has submitted that R& without appreciating the meriis of the case has passed the impugned order directing the cancellation of the pafta which is in favour of the petitioners, and requested for cancellation of the same. Unless and until His va a"
"suspended. R4 would mutate the names of the unofficial respondents in Considering the submissions and on perusal of the record, there shall be a direction to the rmspondaents to maintain Status-quo with regard WAY OFFICER ae SECTION #YRUE COPY to, \. The Pringipal Secretary, Revenue Daparimant, Slate of Andhra Pradesh. Secretariat Sulldings at Vielagapudl, Aamaravatl, Guntur District,
2. The District Collector, West Godavari Oinel, Eluns.
3. The Joint Collector, West Gorlavarl, Eluru.
4. The Revenue Divisional Officer, Jangareddigudem Revenue Division, West Gadavarl Cistrict. . .
S. The Tahsildhar, Jeelugumilll Mandal, West Godavari District 777 S. Machyahnapu Satyavathi, Wo. Late Nagabhushanam Aged about 82 years, Gcc, housewife, Ric. Lakshmipuram Hic! Dharbhagudem Vilage, Jealugumill Mandal, West Godavarl District.
?. Madhyahnaoy Lakshmi, Wis, Late Verkaieawara Rao Aged about ad years, Ooo. Housmwife, Rfo. Lakshrnipuram Hin Gharbhaguden Vilage, Jselugurnilf Mandal, Wast Godavari District. (Addresses 7 fo 7 by RPADL along with a copy of peltion and mamorandum of g rounds} ra
8. One OC to M/S KALLA TULAS! DURGAMBA Advooste fORUC
3. Two OCs to GP FORURE VENUE righ Gourt of Andhra Pracesh, POUT] 1O, One spare copy 7 a Sal HIGH COURT DR DATED TOG O82 POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No. 1884 of 2022 DIRECTION