IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 20012 OF 2024

Between:

• 1. R. Venkata Ramana, S/o. R. Muni Venkatappa, Aged about 50 years, Occ Agriculture, R/o. H.No.6-1, Mallupally Village, Punganur Mandal Chittoor District, A.P.
• 2. N. Venkata Lakshmi @ Lakshmi, D/o. R. Muni Venkatappa Aged about 52 years, Occ Agriculture, R/o. H.No.6-1, Mallupally Village, Punganur Mandal, Chittoor District, A.P.
• 3. G.Sudhakar Rao, S/o. Ramanaiah, Aged about 73 years, Occ Agriculture, R/o.Punnur Village, Indurkurpet Mandal SPSR Nellore District, A.P.
• 4. V.Munuswamy, S/o. Venkata Ramana, Aged about 79 years, Occ Agriculture, R/o. Vepamakulapalli Village, Punganur Mandal Chittoor District, A.P.

...PETITIONERS

AND

• 1. The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary.
• 2. The Commissioner of Survey Settlement and Land Records, Government of Andhra Pradesh, Office at 4**^ Floor, APIIC, Mangalgiri, Guntur, A.P.
• 3. The Joint Collector-Cum Settlement Officer, Office of Joint Collector, Chittoor, Chittoor District, A.P.
• 4. The Tahsildar, Punganur, Chittoor District, A.P

...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 pidased to issue ^a writ of certiorari or any other appropriate writ or direction calling for the records relating to order of the 2"'^ respondent passed in RP.No.1/2024, dt.18.7.2024 on the file of Commissioner of Survey Settlement and Land Records, Guntur and quash the same.

lA NO: ¹ OF 2024

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 may be pleased to dispense with filing of the certified copy of the order passed in RP.No,1/2024, dt.18.7.2024 on the file of Commissioner of Survey Settlement and Land Records, Guntur, pending disposal of the Writ Petition.

lA NO: 2 OF 2024

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 may be pleased to stay all further proceedings passed in RP.No. 1/2024 on the file of Commissioner of Survey Settlement and Land Records, Guntur, pending disposal of the Writ Petition.

Counsel for the Petitioners; SRI O. MANOHAR REDDY Sr. Counsel for SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 4: SRI VISHNU TEJA, SPL. GP FOR REVENUE

The Court made the following: ORDER

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

[3328]

TUESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION NO: 20012/2024

Between:

• 1.R VENKATA RAMANA, , S/O. R. MUNI VENKATAPPA, AGED ABOUT 50 YEARS, OCC AGRICULTURE, R/O. H.NO.6-1, MALLUPALLY VILLAGE, PUNGANUR MANDAL CHITTOOR DISTRICT, A.P.
• 2.N. VENKATA LAKSHMI @ LAKSHMI, , D/O. R. MUNI VENKATAPPA AGED ABOUT 52 YEARS, OCC AGRICULTURE, R/O. H.NO.6-1, MALLUPALLY VILLAGE, PUNGANUR MANDAL, CHITTOOR DISTRICT, A.P.
• 3.G.SUDHAKAR RAO, S/O. RAMANAIAH, AGED ABOUT 73 YEARS, OCC AGRICULTURE, R/O.PUNNUR VILLAGE, INDURKURPET MANDAL SPSR NELLORE DISTRICT, A.P.
• 4. V.MUNUSWAMY,, S/O. VENKATA RAMANA, AGED ABOUT 79 YEARS, OCC AGRICULTURE, R/O. VEPAMAKULAPALLI VILLAGE, PUNGANUR MANDAL CHITTOOR DISTRICT, A.P.

$...$ PETITIONER(S)

AND

• 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.
• 2. THE COMMISSIONER OF SURVEY SETTLEMENT AND LAND RECORDS, GOVERNMENT OF ANDHRA PRADESH, OFFICE AT 4TH FLOOR, APIIC, MANGALGIRI, GUNTUR, A.P.

3.THE JOINT COLLECTORCUM SETTLEMENT OFFICER, OFFICE OF JOINT COLLECTOR. CHITTOOR, CHITTOOR DISTRICT, A.P.

4.THE TAHSILDAR, PUNGANUR, CHITTOOR DISTRICT, A.P

...RESPONDENT(S):

Counsel for the Petitioner(S):

1.SURESH KUMAR REDDY KALAVA

Counsel for the Respondent(S):

1.GP FOR REVENUE

The Court made the following:

ORAL ORDER:

Heard Sri O Manoher Reddy, learned Senior Counsel appearing behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Petitioners and Sri Vishnu Teja, learned Special Government Pleader for Revenue. on

Learned Senior Counsel has taken this Court through material documents. It transpires from the record that the Official Respondents have filed R.P.No.1 of 2024 along with application for condoning the delay of 433 days on 18.07.2024. It also transpires from the record that the notice was also issued to all the parties on 18.07.2024 itself. On 09.08.2024, the Office of the Director of Survey, Settlements and Land Records had issued another notice indicating that the Revision Petition is posted for considering the question of admissibility and the matter was posted to 13.08.2024 for hearing. It also transpires from the record that it is after the issue of the notice for considering the question of admissibility, the Official Respondents have issued publication on 16.08.2024. 2. paper

3. This indicates that the Official Respondents have set down the Revision Petition for admission hearing even before the notice was issued to all the parties.

4. Learned Senior Counsel for the Petitioners would submit that even some of the names as mentioned in the public notice are deceased and the names of legal representatives are also not properly mentioned in the public notice.

5. Admittedly, Revision Petition is filed with ^a delay of 433 days and the legal representatives of the various deceased persons are to be brought on record and serve notices to such persons thereafter. It is only after all parties ^ receive notices, the issue of whether delay should be condoned or not would arise. If delay is not condoned, as a consequence, the Revision Petition gets automatically dismissed. If delay is condone, only then the Revision Petition would be admitted.

A. 1

This Court is of the opinion that impugned notices issued by Director of Survey, Settlements and Land Records are not legally sustainable in as much as all the stakeholders have not been put on notice before considering the 6. admissibility of the Revision Petition.

Accordingly, Notices issued on 18.07.2024 and 09.08.2024 shall stands quashed. Respondent Authorities are directed to complete the issuance of fresh notices to all the interested parties. They shall also substitute legal representatives as against the deceased Respondents before undertaking hearing with regard to admissibility. Having regard to the facts that there is ^a 7.

3

delay of 433 days, Director of Survey, Settlements and Land Records is directed to frame preliminary issue with regard to delay in filing Revision Petition and decide on the same before fixing any date for final hearing.

4

• VT

Sd/- N. NAGAMMA

ASSISTANT REGISTRAR

L:- SECTJOH OFFICER

8. Needless to say that the Quasi-Judicial Authority shall adhere to Principles of Natural Justice at every stage.

9. With these observations and directions, this Writ Petition stands allowed to the extent indicated above. No order as to costs.

10. Interlocutory Applications, if any, stand closed in terms of this order.

//TRUE COPY//

To,

• 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The Commissioner of Survey Settlement and Land Records, Government of Andhra Pradesh, Office at 4*^ Floor, APIIC, Mangalgiri, Guntur, A.P.
• 3. The Joint Collector-Cum Settlement Officer, Office of Joint Collector, Chittoor, Chittoor District, A.P.
• 4. The Tahsildar, Punganur, Chittoor District, A.P
• 5. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC]
• 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
• 7. Three CD Copies.

ssb

HIGH COURT

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DATED:17/09/2024

ORDER

WP.No.20012 of 2024

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ALLOWING THE W.P. WITHOUT COSTS