Sri Dharimireddy Krishna, vs The State Of Andhra Pradesh
2021 Latest Caselaw 1183 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE --

:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYUASURYA _

 

WRIT PETITION NO: 22261 OF 2020

Between:

1. Sri Dharimireddy Krishna, S/o Late Sri D.Suryanarayana, Aged about 74 Years,
Occ: Agriculture, R/o D.No.56, Ramannapalem, H/o Chodapalli, Atchutapuram
Mandal, Visakhapatnam District - 531011.

2. Sri Dharimireddy Satyam, S/o Late Sri D.Suryanarayana, Aged about 64 Years,
Occ: Agriculture, R/o D.No.56, Ramannapalem, H/o Chodapalli, Atchutapuram
Mandal, Visakhapatnam District - 531011

3. Sri Dharimireddy Appalanaidu, S/o Late Sri D.Suryanarayana, Aged about 58
Years, Occ: Agriculture, R/o D.No.5/915, Ramannapalem, H/o Chodapalli,
Atchutapuram Mandal, Visakhapatnam District - 531011

4. Sri Dharimireddy Srirama Murthy, S/o Late Sri D.Suryanarayana, Aged about 54
Years, Occ:Agriculture, R/o D.No.56, Ramannapalem, H/o Chodapalli,
Atchutapuram Mandal, Visakhapatnam District - 531011

5. Sri Dharimireddy Demudubabu @ Demudu, S/o Late Sri D.Suryanarayana, Aged
about 60 Years, Occ:Agriculture, R/o D.No.88-108, Mosayyapeta, H/o
Chodapaili, Atchutapuram Mandal, Visakhapatnam District 53101

(Petitioner Nos.1 to 4 herein represented by Petitioner No.5 herein through registered
GPA Holder No.3520/2020 dated 09-07-2020)
...Petitioners --
AND

1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue
Department, Secretariat Building, Velagapudi, Andhra Pradesh - 522503

2. The District Collector, Visakhapatnam District, Visakhapatnam - 530002 Andhra
Pradesh.

3. The Revenue Divisional Officer, Anakapaile - 531001, Visakhapatnam District,
Andhra Pradesh.

4. The Tahsildar, Atchutapuram Mandal, Visakhapatnam District, Andhra Pradesh -
531011.

5. Sri Surisetti Nageswara Rao alias Raju, S/o Late Sri Surisetti Nageswara Rao
Aged about 45 Years, Occ:Agriculture, R/o D.No.88-201, Mosayyapeta, H/o
Chodapalli, Atchutapuram Mandal, Visakhapatnam District - 531011

.. 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 a Writ in the nature of Writ of Mandamus or an appropriate Writ holding that the
impugned order passed by the Respondent No.3 in Appeal No.2371/2020/D dated 27-
10-2020 is illegal, contrary to the provisions of the A.P.Rights in Land and Pattadar
Passbooks Act 1971 and full bench judgment of the Hon'ble High Court Andhra Pradesh
reported in 2007 (6) ALD Page 348 (FB) in the matter of Chinnam Pandurangam Vs
The Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District and others
and further holding the mutation of the name of Respondent No.5 in Adangal/Pahani
issued vide Application No.ADLO12043416527 dated 04-11 -2020 without any: notice to
Petitioners as null and void by setting aside the impugned order passed by the
Respondent No.3 in Appeal No.237/2020/D dated 27-10-2020 and further direct the
Respondent No.3 to hear the matter afresh after giving notice to all.
 

IA NO: 1 OF 2020

a

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 grant interim
direction to the Respondent No.5 not to alienate or create any third party interest with
respect to the agricultural land admeasuring an extent of Ac.0.55 Cents situated in
Sy.No.84/1 of Mosayyapeta Village, H/o Chodapalli Revenue Village, Atchutapuram
Mandal, Visakhapatnam District, pending disposal of WP No. 22261 of 2020, on the file
of the High Court.

The petition coming on for hearing and upon perusing the petition and affidavit
filed herein and orderof the High Court dated 27.11.2020 and 21-12-2020 made herein
and upon hearing the arguments of Sri P.Badri Premnath, Advocate for the Petitioners
and GP for Revenue for the Respondent Nos. 1 to 4, the Court made the following .

-_--

ORDER:

"Interim order, granted on the earlier occasion, is extended by eight weeks.

List the matter after four weeks after filing counters of the concerned respondents." --

| Sd/-M.RameshBabu | z ) |

ITTRUE COPYI/

ASSISTANT REGISTRAR.

-- SECTION OFFICER

To

1. One CC to Sri. P.Badri Premnath, Advocate [OPUC] _-----

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

3. One spare copy

MM

~ HIGH COURT

NJSJ

DATED: 26-02-2021

NOTE: LIST THE MATTER AFTER FOUR WEEKS

WP.No.22261 of 2020

DIRECTION EXTENDED

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