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BHOGARAJU RAMA RAJU v. THE STATE OF AP

Court: High Court of Andhra Pradesh

Bench: GANNAMANENI RAMAKRISHNA PRASAD

Judgment date:

Case summary

High Court of Andhra Pradesh judgment dated 2025-01-21. BHOGARAJU RAMA RAJU v. THE STATE OF AP. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF ANDHRA PRADESH :: :: AMARAVATI (Special Original Jurisdiction) TUESDAY the TWENTY FIRST DAY OF JANUARY/^ TWO THOUSAND AND TWENTY FIVE Q ti *0 o v\ PRESENT 'Cip' HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASA WRIT PETITION NO: 328 OF 2025 Between: abouTsa Ganadhara Rao, Aged T ^ Tirumalapalem Village Dwaraka Tirumala Mandal, Eluru District, A. P. 2. Bhogaraju Krishna Sesha Sa i, S/o. Lakshmi Narasimham, Aged about 50 years, R/o. H. No. 2-65 Tirumalapalem Village, Dwaraka Tirumala Mandal, Eluru District, A. P. ... PETITIONERS AND Department, secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Eluru District, Eluru, A. P. 3. The Revenue Divisional Officer, Jangareddygudem, Eluru District. 4. The Tahsildar, Dwaraka Tirumala Mandal Eluru District. Iged'l'utls'"' S/o. Late Sadasiva Rao Tirumala Mandal, Eluru DIs^'rAp" ^-raha yea? ? pf S/o. Nageswara Rao Aged about 48 Eluru District. Village, Dwaraka Tirumala Mandal, ...

RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated i in the affidavit filed therewith the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of mandamus, declaring the inaction of the Respondents in not taking the action against the Respondents 5 and 6 for alienating the L. D. Patta Land an extent of Ac. 2. 48 cents in Sy. No. 481/2 and an extent of Ac. 1. 09 cents in Sy. No. 482/1 A-1, situated in Tirumalapalem Village, Dwaraka Tirumala Mandal, Eluru District, illegally to the Respondent No. 6, as illegal, arbitrary, violative of Articles 19, 300-A of the Constitution of India, consequently direct the Respondents 2 to 4 to initiate an enquiry in respect of the subject land according \A/ith law.

lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 2 to 4 to take action on the Petition, Dt. 21. 12. 2024 submitted by the Petitioners in accordance with law, pending disposal of writ petition. Counsel for the Petitioners: SRI SARIPALLI SUBRAHMANYAM Counsel for the Respondent Nos. 1 to 4: ASST. GP FOR REVENUE Counsel for the Respondent Nos. 5 & 6: -— The Court made the following: ORDER APHC010005352025 IN THE HIGH COURT OF ANDHRA [3328] PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 328 OF 2025 Between: 1. BHOGARAJU RAMA RAJU, S/0. LATE BHOGARAJU GANADHARA RAO, AGED ABOUT 68 YEARS, R/0. H. NO. 2-31, TIRUMALAPALEM VILLAGE, DWARAKA TIRUMALA MANUAL, ELURU DISTRICT, A. P. 2.

BHOGARAJU KRISHNA SESHA SAI,, S/O. LAKSHMI NARASIMHAM, AGED ABOUT 50 YEARS, R/0. H. NO. 2-65, TIRUMALAPALEM VILLAGE, DWARAKA TIRUMALA MANUAL, ELURU DISTRICT, A. P. ... PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU, A. P. 3. THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT. 4. THE TAHSILDAR, DWARAKA TIRUMALA MANUAL ELURU DISTRICT. 5. BHOGARAJU VENKATA BALA GANGADHARA RAO, S/0. LATE SADASIVA RAO, AGED ABOUT 58 YEARS, R/0. TIRUMALAPALEM VILLAGE, DWARAKA TIRUMALA MANUAL, ELURU DISTRICT, A. P. 6. VEERLA VENKATA SATYA NARAYANA, S/0. NAGESWARA RAO AGED ABOUT 48 YEARS R/O. PAVULURIVARI GUDEM VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT. ... RESPONDENT(S): Counsel for the Petitioner(S); 1. SARIPALLI SUBRAHMANYAM Counsel for the Respondent(S): 1.

GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri Saripalli Subrahmanyam. learned Counsel for the Writ Petitioners and Sri Arjun Chowdary, learned Asst. Government Pleader for Revenue. 2. Learned Asst. Government Pleader has submitted the Written Instructions dated:04. 01. 2025 along with an Endorsement issued by the 1 ahsildar, dated. 06. 01. 2025, furnished by the Tahilsdar, Dwaraka Tirumala Mandal. Copies of the documents have been served on the learned Counsel for the Writ Petitioners and the same are taken on record. 3. The said Endorsement dated: 06. 01. 2025, is in response to the Representation submitted by the Writ Petitioners. The said Endorsement would indicate that there are civil disputes between the Writ Petitioners and the Unofficial Respondents. It is also stated that if any issue is brought before the Respondent Authorities that the terms of the D-Form Patta have been violated, the Respondent Authorities would initiate suitable action. 4.

Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Representation submitted by the Writ Petitioners dated: 21. 12. 2024 (Ex. P. 1) and the Agreement of Sale dated: 20. 09. 2024 (Ex. P. 3) executed by the Respondent No. 5. Learned Counsel for the Writ Petitioners has also drawn the attention of this Court to the Para No. 4 of the Representation submitted by them on 21. 12. 2024, which reads as under: “After such mutation of his name the said Bhogaraju Venkata Bala Gangadhararao S/o. Late Sadasivarao and by showing his mother dead person as one of the vendor executed stamped agreement of sale In favour of Veerla Venkata Satyanarayana, S/o. Nageswara Rao on 20. 09. 2024 for sale of said L. D. Patta land Ac. 1. 50 cents out of Ac. 2. 48 cents and f Ac. 1. 09 cents @ Rs. 22,00,000/- per acre ie. Rs. 33,00,000/- and received advance sale consideration of Rs. 5,00,000/-. We are herewith submitting Zerox copy of said sale agreement dated 20. 09.

2024 and the same may be read as part of this petition. ” 5. Since the present Endorsement dated: 06. 01. 2025 along with the present Written Instructions does not reflect the fact that, the Official of the Writ Respondents have considered the contents of the Representation Petitioners dated: 21. 12. 2024 and the Agreement of Sale executed by the Respondent No. 5 in favour of the Respondent No. 6 dated: 20. 09. 2024, the Dwarka Tirumala Endorsement dated: 06. 01. 2025 issued by the Tahsildar, Mandal, Eluru District is set-aside. Further, the Competent Authority shall now Para No. 4 of the consider the contents of the Representation, particularly with reference to the Ex. P. 3, Representation in (Ex. P. 1) of the Writ Petitioners which is an Agreerrent of Sale dated: 20. 09. 2024 and pass a fresh Endorsement. 6. Accordingly, this Writ Petition is allowed to the above extent. No order as to costs. 7. Needless to state that the Official Respondent No.

4 is statutorily obligated to follow the Principles of Natural Justice by issuing Advance Notice well as the Unofficial to all the parties including the Writ Petitioner as Respondents, consider their submissions/objections and documents, if any, before passing the Final Order. 8. There shall be a further direction that the Final Order shall be passed within a period of four weeks, after conclusion of the enquiry. of this order. if any , stand closed in terms 9 Interlocutory Applications Sd/- M SRINIVAS assistant registr^ //TRUE COPY// OFFICER SE' To, Department, Secretariat 1. Eluru District, Eluru, A. P- 2 7 he District Collector Eluru District. Officer, Jangareddygudem 3 The Revenue Divisional Mandal Eluru District 4. The Tahsildar, Dwaraka Tirumala Advocate [OPUC] Sri Saripalli Subrahmanyam 5, One CC to of Andhra Pradesh. [OUT] GP for Revenue, High Court 6. Two CCS to 7. Three CD Copies TF HIGH COURT DATED:21/01/2025 TL ORDER WP. No. 328 of 2025 ALLOWING THE W. P. WITHOUT COSTS

Source: High Court of Andhra Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.