Andhra Pradesh High Court - Amravati
Dokkumalla Bhagya Rao, vs The State Of Andhra Pradesh, on 4 March, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
-- (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE FOURTH DAY OF MARCH, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 5195 OF 2021 Between: 1. '10. 11. 12. 13. «14. Dokkumalla Bhagya Rao, S/o Venkaiah, Aged about 59 years, Cultivation, Manukonda Jhansi, W/o Pedabbai, Aged about 52 years, House Protection, Meenakutla Srinivasa Rao, S/o Nageswara Rao, Aged about 40 years, Cultivation, Makineni Dhanalakshmi, W/o Jaganmohana Rao, Aged about 41 years, Cultivation, Motupalli Mallikharjuna Rao, S/o Krishnaiah, » Aged about 40 years, Cultivation, Motupalli Chaitanya Kumar, S/o Seshaiah, Aged about 34 years, Cultivation, Marri Mallikharjuna Rao, S/o Pitchaiah, Aged about 50 years, Cultivation, Makineni Butchaiah, S/o Subbaiah, Aged about 83 years, Cultivation, - / Makineni Pushpavathi, WwW /o Butchaiah, Aged. about 7 years, Cultivation, _ Makineni Sreenivasa Rao, S/o Butchaiah, Aged about 54 years, Cultivation, Marri Samba Siva Rao, S/o Venkaiah, Aged about 77 years, Cultivation, Dhulipalla Sarojini, W/o Somaiah, Aged about 71 years, Cultivation, coe Gorantla Linga Rao, S/e oO Nagendram, Aged about a7 years, Cultivation, we Marti Sambaiah, S/ O Veeraiah, Aged about 47 years, Cultivation, [ 3209 ] 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27, 28. 29, 30. 31. Marri Vasantham, W/o Lakshminarayana, 4 Aged about 57 years, Cultivation, Dhulipalla Subba Rao, S/o Veeraiah, Aged about 77 years, Cultivation, Marri Veera Brahmam, S/o China Bapaiah, Aged about 51 years, Cultivation, Gonuguntla Sivaiah; S/o Veeraiah, © -- Aged about 70 years, Cultivation, Patchala Prathap, S/o Siva Prasad, Aged about 31 years, Cultivation, Patchala Subbayamma, W/o Subba Rao, Aged about 71 years, Cultivation, Doppalapudi Seethamma, W/o Ramesh, Aged a about "7 years, Caltivation; Murukutla a Nagaiah, S/o Rama Chandraiah, Aged: about 77 years, Cultivation, Murukutla Kameswaramma, Ww /o Nagaiah, Aged about 57 years, Cultivation," Dhulipalla Venkata Ramaiah, Sf o Subbaiah, Aged: about 82 years, Cultivation, . Bandarupalli Ramana, W/o Sambaiah, Aged about 52 yeats, Cultivation, . Murukutla Chandrakala, W/o Venkateswarly Aged about 45 years, Cultivation, Gera Yesu, S/o Bhikshalu, Aged about 55 years, Cultivation, Makineni Masthan, S/o Subbaiah, Aged about 75 years, Cultivation, Bathula Ram Prasad, S/ oO Nageswara Rao, Aged about 62: years, Cultivation, a Dhulipalla Hanumayamma, W/o Srinivasa Rao, Aged about 52 years; Cultivation, Jonnalagadda Bulliyya, S/o Yacobu, Aged about 37 years, Cultivation, 48. 33. 34. 35. 36. «37. s 39. 40. HH. 42. 6 44. 45. 46. 47. Jonnalagadda Joji, S S/o Yacobu, QM Aged about 34 years, Cultivation, Dhulipalla Siva Nageswara Rao, S/ 0 Venkaiah; Aged about 62 years, Cultivation, Ravuri Sivaiah, S/o Anjaiah, Aged about 64 years, Cultivation, Ravuri Sivamma, W/o Sivaiah, Aged about 5 57 years, Cultivation, Marri Srechari Rao, S/o. Venkatapathi, Aged about 40 years, Cultivation, Corantla singa Rao, S/o Gorantla Venkateswarulu Died LR Gorantla Singa Rao, -- Aged about 51 years, Cultivation, Dandamudi Siva Kumari, Ww / o Nana Rao, Aged about © 54 years, Cultivation, Narra Bhulakshini, W/o Venkateswarlu, Aged about 62 years, Cultivation, Narra: Indira; W/o Radha Krishna Murthy, Aged about 59 years, Cultivation, Ravuri Ramesh, S/o Seshaiah, Aged about 52 years, Cultivation, Marti Nageswara Rao, S/ Oo 'Krishnaiah, Aged about. 57 years, Cultivation, fe Mani Kishore, S / oO Veeraiah, Aged about 45 years,' Caltiviation, oe Marri Hari i Babu, Ss /o Subba Rao, Aged about 60: years, 'Cultivation, Dhulipalla Veera Raghavaiah, S/o Sitaramaiah, Aged about 47 years, Cultivation, -- Dhulipalla Murali S/o Late Maheswara Rao'* - Sitice died' LR 'Dhilipalla 'Murali, Aged about 47 years, Cultivation, Dhu ipalla Srinivasa Rao," s Jo Kotaiah Aged about 82 years, Cultivation, Dhulipalla Hanumantha' Rao; $/: Oo Venkateswarlu, Aged about 67 years, Cultivation, a noe RST EE yuan 49. 50. 51. 52. 53. 54. 59. 56. 57. 58. 59. 60. 61. 62. 63. 64. W/o Yesurathr _ Marri Siva Rama Krishnaiah, S/o Visweswara Rao, Aged about 57 years, Cultivation, Marri Jagannadham, S/o Sitaramaiah, Aged about 57 years, Cultivation, Dhulipalla Sreenivasa Rao, S/o Venkateswarlu, Aged about 65 years, Cultivation, Meregala Navaratnam, S/o Chennaiah, Aged about 62 years, Cultivation, -- Ravuri Parameswara Rao, S/o Sitaramaiah, Aged about 57 years, Cultivation, Vemula Mariyamma, am: (died), LR Vemula Marriyamma -- -- Aged about 55 years, Cultivation, Mamidi Narasi nha. Rao, S/o Subbaiah, Aged about 52 years, Cultivation, Mandalapu Sreenivasa Rao, S/o Raju, Aged about 35 years, Cultivation, Mandalapu Parvathi, - W/o Late Mandalapu Raju, LR 'Mandalapu Raju. Aged about 50 years, Cultivation, -- Koya Manikyamma, W/o Kesava Rao, Aged about 57 years, Cultivation, Dhulipalla Nageswara Rao, S/o Koteswara Rao, * Aged about 60 years, Cultivation, Boddu Peda Bhagya Rao, S/o Yesudanam, Aged about 42 years, Cultivation, Boddu Yesudanam, S/o Venkateswarlu, Aged about 62 years, 'Cultivation, © Boddu Babu Rao, S/o Venkateswartu, Aged about'57: years, Cultivation, - | Dhulipalla Naresh, S/o Sankara Rao, Aged about 34 years, Cultivation, Dhulipalla Hima Bindu, W/o Late Venkata Siva, LR D Hima: Bindu, Aged about 35 years, Cultivation, 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. W/o Krishr Dhulipalla Sivaiah, S/o Subbaiah, "] Aged about 72 years, Cultivation, Dhulipalla Venu Babu, S/ 0: Samba Siva Rao, Aged about 37 years, Cultivation, Doppalapudi Kanthamma, W/o Sitaramaiah, Aged about 67 years, Cultivation, Marri Kotamma, W/o Appa Rao, Aged about 52:years, Cultivation, Yadla Babu Rao, S/o Vasantha Rao, Aged about 39 years, Cultivation, Nelavalli Seshagiri Rao; S/ O Gopaiah Aged about ¢ 57 years, Cultivation, -- Patchala Somanadha Vijaya, S/ o Rama Rao, Aged about 37 years, Cultivation, _ Mamidi Kumari, © W/o Mamidi Ravi' (died), Died ER M'Kurmiari; 8 Aged about 40 years, Cultivation, Mamidi Kantha Rao; S/o Sundara Rao, Aged about 55 years, Cultivation, Dhulipalla Nirmala, W/o Dhulipalla Babu, Aged about 46 years, Cultivation, Dhulipalia ct jlakamma, raiah'(died),* LR Dhulipalla Chilakarnma Aged about 60: years, Cultivation, " Gorantla Veeraiah, S/o 'Tirupathaiah, Aged about 82 years, Cultivation, All are 'Residents of f Thikkireddypalém: Village and Post, Prathipadu Mandal, Guntur District. | a oo a me And The State of Andhra Pradesh, Rep. by its Principal Secretory, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati. The District Collector, Guntur District, Guntur. The Revenue Divisional Officer, Guntur Division, Guntur. .. Petitioners 4. The Tahsildar, Prathipadu Mandal, Guntur District. 5. Seetha Rama Swamy Temple, Rep.by its Executive Officer, Yanamadala Village, Prathipadu Mandal, Guntur District. ...Respondents WHEREAS the Petitioners above named through their Advocate Sri A.RAJENDRA BABU presented this 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 in the nature of WRIT OF MANDAMUS declaring the endorsement proceeding R.C.No.299/2013 Dt. 26-12-2013 issued by the 4'" respondent, as up held by the appellate authority, the 3" respondent in ROR case R.Dis No.8722/ 2016-A dt.2-1-2017 and as confirmed by the revisional authority, the 2" respondent in Revision petition RC No.184/ 2017-E3 dt:23- 14-2019 is as arbitrary, illegal , colorable exercise of power, and contrary to law and to set aside the same and to issue a consequential direction to the respondents to issue pattadar passbooks by entering the land in record of right in the name of the petitioners. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri A.Rajendra Babu, Advocate for the Petitioners and GP for Revenue for the Respondent Nos.1 to 4 and Sri K.Manohar reddy, Standing Counsel for the Respondent No.5, directed issue of notice to the- Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretory, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, State of Andhra Pradesh. The District Collector, Guntur District, Guntur. The Revenue Divisional Officer, Guntur Division, Guntur. The Tahsildar, Prathipadu Mandal, Guntur District. The Executive Officer, Seetha Rama Swamy Temple, Yanamadala Village, Prathipadu Mandal, Guntur District. akon are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. IA. NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the fled in support of the petition, the High Gourt may be pleased to direct the proceedings in RCAN0.299/2013; dt.26-12-2013 of the 4th eedings in R.Dis.No,872/2016-A dt.02-01-2017 3 respondent in RC No.184/2017423 dt.23-01-2019 of the 2" respondent, P No. 5195 of 2024 on the file of the High Court. pending disposal The Court made the following: ORDER:
"Notice before admission.
Learned Assistant Government Pleader for Revenue takes notice on behalf of respondent Nos.1 to 4.
List the matter after four weeks. In the meanwhile, learned counsel for the petitioners is permitted to take out personal notice to respondent No.5 and file proof of service in the Registry." _Sd/- A. Surya Prakasa Rao RUE Copy =~ DEPUTY RegesTR _SECTION OFFICER TU ADSI TANT NG To, M akwWN = oaN® The Principal Secretory, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, State of Andhra Pradesh. The District Collector, Guntur District, Guntur. The Revenue Divisional Officer, Guntur Division, Guntur. The Tahsildar, Prathipadu Mandal, Guntur District. The Executive Officer, Seetha Rama Swamy Temple, Yanamadala Village, Prathipadu Mandal, Guntur District (Addresses 1 to 5 by RPAD- along with a copy of petition and affidavit) One CC to Sri. A.Rajendra Babu, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One Cc to Sri K Manohar Reddy, Standing Counsel [OUT] One spare copy HIGH COURT NJSJ DATED:04/03/2021 NOTE: LIST THE MATTER AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No.5195 of 2021 INTERIM DIRECTION