Vadla Rangaiah, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1080 AP

Citation : 2021 Latest Caselaw 1080 AP
Judgement Date : 23 February, 2021

Andhra Pradesh High Court - Amravati

Vadla Rangaiah, vs The State Of Andhra Pradesh, on 23 February, 2021

Bench: Ninala Jayasurya

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI_ &
(Special Original Jurisdiction)

TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE

 

-PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

IA No. 1 OF 2021
IN
WP NO: 3002 OF 2021
Between:
14. Vadia Rangaiah, S/o.Chinna Nemilaiah, aged 71 years, agriculturist,
R/o.vempenta village, Pamulapadu Mandal, Kurnool District
2. Vadla Kanaka Ratna Chari, S/o.Vadla Rangaiah, aged 52 years, agriculturist,
R/o.vempenta village, Pamulapadu Mandal, Kurnool District
3. Vadia Rangachari, S/o.Vadla Rangaiah, aged 50 years, agriculturist,
R/o.vempenta village, Pamulapadu Mandal, Kurnool District
4. Vadla Varalakshmi Devi, D/o.Vadla Rangaiah, aged 48 years, agriculturist,
R/o.vempenta village, Pamulapadu Mandal, Kurnool District
5 Vadla Venkata Lakshmamma, W/o.Vadla Rangaiah, aged 69 years, agriculturist,
R/o.vempenta village, Pamulapadu Mandal, Kurnool District
6. D.Nemilaiah, S/o.Late Vadla Poola Rangaiah, aged 77 years, agriculturist,
R/o.vempenta village, Pamulapadu Mandal, Kurnool District
7. Vadia Veeresamaiah, S/o. Late Vadla Poola Rangaiah, aged 74 years,
. agriculturist, R/o.vempenta village, Pamulapadu Mandal, Kumool District
...Petitioner(s)
(Petitioner in WP 3002 OF 2021
on the file of High Court)
AND
4. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue),
Secretariat Buildings, Nelapadu Village, Amaravati, Guntur District.
The District Collector, Kurnool District, Kurnool.
The Revenue Divissional Officer, Kurnool, Kurrool District.
The Tahasildar, Velugode Mandal, Kurnool District
Vadla Hussain Miah, $/0 Late Vadla Hussain Saheb, aged about 65 years,
R/o.Gunthakandala Village, Veligode Mandal, Kurnool District

akwn

_..Respondent(s)
(Respondents in-do-)
Counsel for the Petitioners: SRI.C.PRAKASH REDDY
Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE

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 direct the
Respondents to issue Pattadar Pass Books and Title Deeds to the Petitioners in respect
of Sy.Nos.270 to an extent of Ac.21-18 Cents and Sy.No.218/A to an extent of Ac.8-32
Cents of Gunthakandala Village, Velugodu Mandal, Kurnool District, pending disposal of
the Writ Petition No.3002 of 2021, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following:
 

ORDER:

Heard the learned counsel for the petitioners and learned Assistant

Government Pleader for Revenue, representing respondent Nos.1 to 4.

The grievance of the petitioners in the present writ petition is that despite confirmation of the petitioners possession and enjoyment of the property in question by virtue of judgment of a Hon'ble Division Bench of erstwhile High Court of Judicature at Hyderabad dated 03.12.2013, confirming the decrees in O.P.Nos.51 of 1991 and 20 of 1995 dated 26.07.1999, the pattadar pass books and

title deeds in respect of the same are not being granted.

The matter was adjourned to enable the learned Assistant Government Pleader to secure instructions in the matter. The written instructions in that

regard are placed before this Court.

As seen from the written instructions dated 10.02.2021, the 4° respondent appears to be sitting over the judgment of the Hon'ble Division Bench which has confirmed the judgment and decree in O.P.No.51 of 1991 to the effect that while deciding the issues in O.P.No.51 of 1991, Ex.A3, endorsement letter issued by the then M.R.O., was not properly considered and therefore the petitioners

request for grant of pattadar pass books cannot be acceded.

The reasons as stated in the written instructions cannot be countenanced as the matter has attained finality in view of the judgment of Hon'ble Division Bench dated 03.12.2013 referred to above.

In such view of the matter, there shall be interim direction as prayed for, the 4" respondent shall issue the pattadar pass books, within a period of four (4)

weeks from the date of receipt of copy of the order.

Sd/-E.KameswaraRao

ASSISTANT REGISTRAR ITTRUE COPYI/ Lgf /, For SECTION OFF R To,

1. The Principal Secretary(Revenue), State of Andhra Pradesh, Secretariat Buildings, Nelapadu Village, Amaravati, Guntur District.

The District Collector, Kurnool District, Kurnool.

The Revenue Divissional Officer, Kurnool, Kurrool District.

The Tahasildar, Velugode Mandal, Kurnool District

Vadla Hussain Miah, S/o.Late Vadla Hussain Saheb, R/o.Gunthakandal a Village, Veligode Mandal, Kurnool District (1 to 5 By RPAD)

One CC to Sri.C.Prakash Reddy Advocate [OPUC]

Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]

One spare copy

akowN