Andhra Pradesh High Court

WRIT PETITION 7508 of 2024 on 16 October 2006

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

TUESDAY ,THE EIGHTEENTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 7508 OF 2024

Between:

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1. Vundamatia Harathi, W/o. V.Srinu, Age 43 years,Occ- Housewife,R/o.D.No.9/132,IndiraColony,Dowleswaram,RajamahendravaramRural Mandal, East Godavari District.R/o.D.No.9/132,IndiraColony,Dowleswaram,RajamahendravaramRural Mandal, East Godavari District.

2. MuddadaDurgaS/o.LateMuddadaKrishna,Age36yearsR/o.D.No.9/132,IndiraColony,Dowleswaram,RajamahendravaramRural Mandal, East Godavari District.R/o.D.No.9/132,IndiraColony,Dowleswaram,RajamahendravaramRural Mandal, East Godavari District.

3. MuddadaGanga,S/o.LateMuddadaKrishna,Age35yearsR/o.D.No.9/132,IndiraColony,Dowleswaram,RajamahendravaramRural Mandal, East Godavari DistrictR/o.D.No.9/132,IndiraColony,Dowleswaram,RajamahendravaramRural Mandal, East Godavari District

AND

...Petitioners

1. The State of Andhra Pradesh, represented by its Principal Secretary,Revenue Department, Secretariat Buildings at Velagapudi, Amaravati,Guntur District.Revenue Department, Secretariat Buildings at Velagapudi, Amaravati,Guntur District.

2. The District Collector and District Magistrate, East Godavari District.3. TheTahsildar,RajamahendravaramRuralMandal,EastGodavariDistrict.3. TheTahsildar,RajamahendravaramRuralMandal,EastGodavariDistrict.

4. The Sub-Registrar, Revenue, Registration and StampsDepartment,Rajamahendravaram Rural, East Godavari District.Rajamahendravaram Rural, East Godavari District.

5. Deyyala Rajya Lakshmi, W/o.D.Raju, Age 50 years, Occ- Housewife,R/o.D.No.67-21-2,SubbaraoNagar,RajamahendravaramEastR/o.D.No.67-21-2,SubbaraoNagar,RajamahendravaramEastGodavari District.

6. Jampana Srinivasa Raju, S/o. Satyanarayana Raju, Age 48 years, R/o.D.No.80-20-17,Flat.No.lOI, PramadhaNivas,5thStreet,JayasreeGardens, Rajamahendravaram, East Godavari District.D.No.80-20-17,Flat.No.lOI, PramadhaNivas,5thStreet,JayasreeGardens, Rajamahendravaram, East Godavari District.

7. Saganti Mahesh Kumar, S/o. Pandu Rangam Goud, Aged[58]years,R/o. D.No.28-49, Near Z.P.School, Neredmet, Malkajgiri, Hyderabad,TelanganaR/o. D.No.28-49, Near Z.P.School, Neredmet, Malkajgiri, Hyderabad,Telangana

...Respondents

Petition under Articie 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a writ or order or direction more particularly one in thenature of writ af mandamus declaring the high-handedactionoftheRespondent No.3hereininissuing the impugned false family membercertificates vide Ref.(C)/573/2006 dated 16.10.2006 and Ref.(C).03/2010dated 08.01.2010 to Respondent No.5 by without conducting an inquiry,without considering the orders of the civii court and without giving thepetitioners an opportunity of being heard and withoutgoing through thematerial on record and mutating the revenue records with the name ofRespondent No. 5 over the petitioners subject iand admeasuringan extentofAc.3.00centssituatedinSy.no.98/1DowleswaramvillageRajamahendravaram Rural Mandal, East Godavari District as highly illegal,arbitrary,unconstitutional unjust andviolativeofPrinciplesof NaturalJustice Rule of Law and violative of Article14,21and 300-A of theConstitution of India and further violative of the Procedurecontemplated

under the Andhra Pradesh rights in land and pattadar passbooks Act,1971, the rules 1989 and against the judgmentdated07-02-2023inO.S.no. 613 of 2022 on the file ofI Addl. JudicialMagistrate of First Class-cum-l Addl. Junior Civil Judge, Rajamahendravaramconsequentially set-aside the impugned false family member certificated vide Ref.(C)/573/2006dated06-10-2006andRef(C).03/2010dated08-01-2010issuedbyrespondents No. 3 herein,by further conductinganinquiryover thepetitioners subject land admeasuring an extent of Ac.3.00 Cents situatediSy.No.98/1, Dowleswaram Village, RajamahendravaramRuralMandal,East Godavari District and declare the rights of thepetitioners over thesubject land in accordance with law.[n]

lA NO: 1 OF 2Ci7d

Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit fiied in support of the petition, the High Court may bepleased may be pleased to grant stay of operation of thefalse entriesmade by Respondent No.3in the revenue recordsover the petitionerssubjectlandadmeasuringanextentof Ac.3.00CentssituatedinSy.No.98/1, Dowleswaram Village, RajamahendravaramRuralMandalEast GodavariDistrict andfurthernotto alienate the subject landtoanyone pending disposal of the above writ petition.

Counsel for the Petitioner: M/S. S V INDIRA

Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE

Counsel for the Respondent No.4: GP FOR REGISTRATIONANDSTAMPS

Counsel for the Respondent Nos.5 to 7: SRI DEVALARAJU ANIL KUMAR

The Court made the following:

APHC010140042024

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

[3329]

TUESDAY ,THE EIGHTEENTH DAY OF MARCHTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 7508/2024

Between;

Vundamatia Harathi and Others

...PETITIONER(S)

AND

The State Of Andhra Pradesh and Others

Counsel for the Petitioner(S):

...RESPONDENT(S)

1. S VINDIRA

Counsel for the Respondent{S):

1. GP FOR REVENUE

2. DEVALARAJU ANIL KUMAR

3. GP FOR REGISTRATION AND STAMPS (AP)

The Court made the following: ORDER:

1. The learned counsel for the petitioner seeks permission[of][ this][ Court][ to]

withdraw the Writ Petition. Hence, no cause survives for further adjudicationand no further orders are necessary in the present writ petition.

2. Permission as sought for is accorded.

3. Accordingly, the Writ Petition is dismissed as withdrawn.No costs.

Asasequel,miscellaneouspetitions,ifany,pendingshallstand closed.

Sd/- A. VIJAYA BABUASSISTANT REGISTRAR

//TRUE COPY//

0SECTION OFFICER

To,

^ One CC to M/S. S V INDIRA, Advocate [OPUC]

One CC to SRI DEVALARAJU ANIL KUMAR, Advocate [OPUC]

3. Two CCs toGP FOR REVENUE ,High Court Of AndhraPradesh.[OUT][OUT]

^ Two CCs to GP FOR REGISTRATION AND STAMPS, High Court[Of]Andhra Pradesh. [OUT]Andhra Pradesh. [OUT]

Three CD Copies

sree

HIGH COURT

DATED:18/03/2025

ORDER

WP.No.7508 of 2024

DISMISSING THE W.P.AS WITHDRAWN WITHOUT COSTS

. 'r

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