| [3209 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SeVENfeC DAY OF-F eheuany TWO THOUSAND AND TWE ONE : PRESENT: THE HONOURABLE SRI JUSTICE NINALA _ WRIT PETITION NO: 3581 OF 202 Between: Basivireddy Krishna Murthy, S/o. late Mahalakshmudu. Basivireddy Venkata Rao, S/o. late Mahalakshmudu. Basivireddy Chandra Rao, S/o.late Mahalakshmudu. Basivireddy Chintaraju, S/o.late Ammanna. BWONS> . Petitioners AND The State of Andhra Pradesh, Rep. by its, Principal Secretary, Revenue Department, Velagapudi, Amaravati, Andhra Pradesh. The District Collector and District Magistrate, West Godavari, Eluru. The Revenue Divisional Officer, Eluru, West Godavari District. The Tahsildar, Tadepalligudem, West Godavari District The Village Revenue Officer, Kondrupolu, Tadepalligudem Mandal, West Godavari District --_ akwN ...Respondents 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, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 4th respondent in updating or changing the record of right in respect of the lands of an extent of Ac.0-32 cts, Ac.0-65 cents, Ac.0-65 cents and Ac.0- 77 cents in Sy.No.142/6 of Kondrupolu Village, Tadepalligudem Mandal, West Godavari District and the act of 5th respondent in striking of the entries in the pass books in respect of Ac.0-32 cts, Ac.0-65 cents and Ac.0-77 cents in Sy.No.142/6 of Kondrupolu Village, Tadepalligudem Mandal, West Godavari District as illegal, arbitrary, violative of principles of Natural Justice and Art 300A of the Constitution of India and the Andhra Pradesh Rights in land and Pattadar Pass Book Act, 1971 and the rules made thereunder and consequently direct the 4th respondent to restore names of petitioners in record of rights and issue pattadar pass book and title deed. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondents not to dispossess petitioners from the lands of an extent of Ac.0-32 cts, Ac.0-65 cents, Ac.0-65 cents and Ac.0-77 cents in Sy.No.142/6 of Kondrupolu Village, Tadepalligudem Mandal, West Godavari District, pending disposal of WP 3581 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri S Subba Reddy, Advocate for the Petitioners and of GP for Revenue for the Respondents, the Court made the following. ORDER
"Heard learned counsel for the petitioners and learned Assistant Government Pleader, who seeks further time to secure further written instructions in the matter.
The grievance of the petitioners in the present writ petition is that respondent No.4 changed the entries in the revenue records, when the petitioners 1, 2 and 4 submitted their old passbooks for getting electronic passbooks, _suoeestemcen tin Narco a I Ft dee Sobteemt ene Hanae without issuing notice and without following the due procedure as contemplated A.P.Rights in Land and Pattadar Pass Books Act, 1971. The learned counsel for the petitioners submits that the said action of respondent No.4 is not only contrary to the principles of nature justice, provisions of the said Act and also the judgment of the full Bench reported in 2007 (6) ALD 348. He further submits that under the guise of the changed entries in favour of the Government, the respondents are trying to -dispossess the petitioners from the subject matter land. The matter requires to be considered after filing counters of the concerned respondents.
However, considering the submissions made by the learned counsel for the petitioners and keeping in view the judgment referred to above, there shall be interim direction as prayed for.
List the matter after four (4) weeks for filing counters." | Sd/-P. VenkataRamana I(TRUE COPY// DEPUTY REGISTRAR ICER To, | SEC ION OFFI te
1. The Principal Secretary, Revenue Department, 'State of Andhra Pradesh, Velagapudi, Amaravati, Andhra Pradesh. The District Collector and District Magistrate, West Godavari, Eluru. The Revenue Divisional Officer, Eluru, West Godavari District. The Tahsildar, Tadepalligudem, West Godavari District a Fe N The Village Revenue Officer, Kondrupolu, Tadepalligudem Mandal, West Godavari District(1 to 5 by BRAD) One CC to Sri S Subba Reddy, Advocate [OPUC]
7. Two CCs to GP for Revenue/High Court of Andhra Pradesh. [OUT]
8. One spare copy a SP eT 0 V-. eeee oo HIGH COURT NJS/ / DATED: 17/02/2021 LIST THE MATTER sererour (4) WEEKS FOR FILING COUNTERS. ORDER / WP.No.3581 of 2021 DIRECTION 24 FEB 202!