Andhra Pradesh High Court
WP/15685/2018 of Nukathoti Peda Kondaiah Vs The State of AP on 28 January 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 15685/2018 Between: 1. NUKATHOTI PEDA KONDAIAH, S/O N. BRAHMAIAH, AGED 40
APHC010329672018
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINETH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 15685/2018
Between:
1. NUKATHOTI PEDA KONDAIAH, S/O N. BRAHMAIAH, AGED 40
YEARS, R/O 2-3-647/A/ 45, NEW PREMNAGAR, AMBERPET, HYDERABAD-500013.
...PETITIONER
AND
1. THE STATE OF AP, REP BY ITS PRI SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT, VELGAPURDI VIJAYAWADA.
2. THE
REVNUE
DIVISONAL
OFFICER,
KANDUKUR
DIVISON,
PAKASAM DISTRICT.
3. THE
TAHASILDAR,
MANDAL
REVNUE
OFFICE,
PONNALUR
MANDAL, PRAKASAM DISTRICT.
...RESPONDENT(S):
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, order or direction, one more particularly in the nature of a writ of Mandamus declaring the action of the Respondent No.2 in not disposing of the Appeal filed by the petitioner, aggrieved by the order dt.
23.10.2017, passed by the Tahsildar in R.C.DT/490/2013 as being illegal, arbitrary, unconstitutional, unjust, improper, contrary to law and in violation of Principles of natural Justice, violation of Articles 14 and 21 of the Constitution, consequently direct the respondent No.2 to dispose of the Appeal filed by the petitioner aggrieved the order dt.23.10.2017 passed by the Tahsildar in R.C.DT/490/2013.
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W.P.No.15685/2018
IA NO: 1 OF 2018
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 respondent No.2 to dispose the Appeal filed by the petitioner dated 06.11.2017.
Counsel for the Petitioner:
1. V SRIKANTHA RAO
Counsel for the Respondent(S):
1. GP FOR REVENUE (AP)
The Court made the following:
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W.P.No.15685/2018
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ORDER:
The petitioner seeks a direction to the respondent authorities to demarcate the lands, fix boundaries, and issue pattadar passbooks of lands, situated in Survey Nos.970, 972 and 973 of Sunkireddipalem Village, Ponnaluru Mandal and Prakasam District, claiming rights through his father, who died on 15.11.2011.
2. On 30.04.2018, when the matter was called, there was no representation for the petitioner and the matter was directed to be listed after summer vacation. Even today, when the matter is called, there is no representation for the petitioner.
3. The petitioner initially approached the Andhra Pradesh Lokayuktha, Hyderabad in C.C. No.3264 of 2013/B1, which was closed following the explanation of the District Collector, Prakasam in Rc.No.D2/31/2013, dated 28.01.2013. Subsequently, this Court, in Writ Petition 18143 of 2014, disposed of the Writ Petition on 23.07.2014 by directing the 3rd respondent - Tahsildar, Ponnalur Mandal to consider the request of the petitioner and pass appropriate orders, within a period of three (3) months from the date of receipt of a copy of the said order. Further, upon filing the Contempt Case No.437 of 2015, for the alleged non-compliance of the aforesaid order in W.P. No.18143 of 2014, the respondents contended that the subject lands are not agriculture in nature.
4. Following the directions from the National Commission for Scheduled Castes (NCSC), New Delhi, the petitioner submitted a fresh application/representation through Mee Seva on 04.10.2017, which was rejected by the 3rd respondent – Tahsildar, Ponnalur Mandal vide Proceedings in R.C.DT/490/2013, dated 23.10.2017, under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the Rules thereunder. Pending title dispute in Civil Court, an Appeal against this rejection is filed before the 2nd respondent – R.D.O, Kandukur on 08.11.2017. The petitioner,
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in fact, has sought the relief to pass orders on the said Appeal, which was pending with the 2nd respondent – RDO, Kandukur.
5. Learned Assistant Government Pleader for Revenue, appearing on behalf of the respondents, on written instructions, dated 29.01.2026, submits that the petitioner is neither in possession of the subject lands nor, or the names of the petitioner and his brother reflect in the revenue records. It is further submitted that a civil dispute concerning the title of the subject lands is currently pending before a civil Court.
6. It is evident from the record specifically that the proceedings in R.C.DT/490/2013, dated 23.10.2017, with the application for the issuance of pattadar passbook was rejected on the grounds of subsequent title dispute. The petitioner has further failed to produce any material to contradict the existence of pending civil litigation or to prove undisputed possession. This Court, exercising jurisdiction under Article 226 of the Constitution of India, cannot adjudicate upon the complex questions of title or possession when a civil suit is already sub judice. The petitioner must establish his rights before the competent civil Court having jurisdiction. Hence, the Writ Petition is liable to be dismissed.
7. Accordingly, with the above observation, the Writ Petition stands dismissed. However, the petitioner is at liberty to pursue and work out his remedies before the appropriate civil Court. No order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
__________________________________ JUSTICE SUMATHI JAGADAM Dated: 29.01.2026
RSD
JS,J
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 15685/2018
Dated: 29.01.2026
RSD