APHC010116922021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6632/2021 Between: 1. SRI ATHIPATLA KRISHNA, S/O. JAGANNADHA RAO, AGED 52 YEARS, OCC.. BUSINESS, R/O. FLAT NO.405, 4TH FLOOR, VENKATESWARA PARADISE APARTMENTS BESIDE BHARATH PETROL BUNK, NEAR AYYAPPASWAMI TEMPLE, SATTENAPALLI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY TO DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR DISTRICT, 0/O. COLLECTORATE, GUNTUR, GUNTUR DISTRICT. 3. THE JOINT COLLECTOR, (RB ANDR) AND ADDITIONAL DISTRICT MAGISTRATE AND THE REVISION AUTHORITY, GUNTUR DISTRICT, 0/O. COLLECTORATE, GUNTUR, GUNTUR DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, GUNTUR, GUNTUR DISTRICT. 2 5. THE TAHSILDAR, , AMARAVATHI MANDAL, GUNTUR DISTRICT. 6. THE VILLAGE REVENUE OFFICER, DHARANIKOTA VILLAGE, AMARAVATHI MANDAL, GUNTUR DISTRCIT. 7. SMT PUTTI INDIRA, S/O. RAJESH, AGED 56 YEARS, OCC.. HOUSE WIFE, R/O. DHARANIKOTA VILLAGE, AMARAVATHI MANDAL GUNTUR DISTRICT, ANDHRA PRADESH STATE. 8. SMT VADLAMUDI RATNA, W/O. VENKATESWARA RAO AGED. MAJOR, OCC.. NOT KNOWN TO THE PETITIONER, R/O.FLAT NO. SF-5, NAGARJUNA APARTMENTS, 16/5, ARUNDALPET, GUNTUR, GUNTUR DISTRICT, A.P. 9. ATHIPATLA KISHORE, S/O. VINAYAKA RAO AGED 45 YEARS, OCE.. EMPLOYEE, RIO. F-6, 2ND FLOOR, AMULYA TOWERS, CHANDRAMOULINAGAR, GUNTUR, GUNTUR 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 topleased to issue an appropriate writ order or direction more particularly in the nature of Writ of Certiorari call for the records in respect of the order dated 28-12-2020 passed in RC.No.2917/2020-D5 by the 3rd respondent acted as Revision Authority with pre judge notion without jurisdiction wherein set aside the orders in R.Dis.No.5266/2018-A dated 22-06-2020 by the 4th respondents confirmed the orders in RC.N0.767/2018-B dated 28-11- 2018 by 5th respondent accepting my application for mutation in respect of land for an extent of Ae.2-18 cents in Sy.No.102/2A2 and Ac.1.65 cents in Sy.No.10212C1 situated at Dharnikota Amaravathi Mandal, Guntur District without call for the records by directing to kept the subject land in dispute category in web land revenue records as mentioned in notices dated 26-09-2020, 03-10-2020 and 22-10-2020 by the 3rd Respondent is arbitrary, illegal. void abi nitio and violative principles of natural justice and violative of under section 9 of the AP Rights in Land and Pattadar passbook Act,1971 and Rules 1989 apart from violative of fundamental rights guaranteed under Article 14, 21, 300-A of the constitution of India and set aside the orders dated 28-12- 2020 in RC.No.2917/2020-D5 passed by the 3rd respondent. 3 Consequently direct the respondents to suspend the operation of the orders dated 28-12-2020 forthwith pending consideration of the above writ petition in the interest of justice and fair play and pass IA NO: 1 OF 2021 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 pleased to direct the respondents not to interfere with the subject land for an extent of Ac.2-18 cents in Sy.No.102/2A2 and Ac.1.65 cents in Sy.No.102/2C1 situated at Dharnikota Village, Amaravathi Mandal, Guntur District by suspending order dated 28-12- 2020 passed in RC.No.2917/2020-D5 by the 3rd respondent pending consideration of the above writ petition by virtue of the injunction orders dated 11-10-2018 in IA.No.1 of 2018 in AS.No.1720 of 2018 (as granted until further orders dated 10-12-2018) by this Hon'ble Court on the subject property pending disposal of the above Writ Petition in this Hon'ble Court in the interest of justice and pass IA NO: 2 OF 2021 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 pleased to vacate the interim order granted on 22-03-2021 in W.P.No.6632 of 2021 and dismiss the writ petition and pass Counsel for the Petitioner: 1. PRABHU NATH VASIREDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. CHILUKURI NARENDRA BABU 3. SUBBA REDDY SANIKOMMU 4. ADDL ADVOCATE GENERAL 4 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 6 and the learned counsel for the respondent No.7. 2. This writ petition was filed questioning the order passed by the Revisional Authority/ the 3rd respondent dated 28.12.2020 in Rc.No.2917/2020-D5 allowing the revision. The petitioner herein is the 2nd respondent before the Revisional Authority/ the 3rd respondent and the 7th respondent herein is the revision petitioner before the Revisional Authority/ the 3rd respondent. 3. Aggrieved by the orders of the 4th respondent in R.Dis.No.5266/ 2018-A dated 22.06.2018, the 7th respondent herein filed the above said revision before the 3rd respondent as the RDO/ the 4th respondent vide order dated 22.06.2020 confirmed the orders passed by the 5th respondent/ the Tahsildar in Rc.No.767/2018-B dated 28.11.2018 accepting the application of the petitioner herein for mutation of his name in revenue records against the lands to an extent of Ac.2.18 cents in Sy.No.102/2A2 and Ac.1.65 cents in Sy.No.102/2C1 situated at Dharnikota Village, Amaravathi Mandal, Guntur District basing on the orders of the Revenue Divisional Officer, Guntur in Rc.No.10672/2015- A, dated 12.05.2016. 5 4. The main grievance of the 7th respondent as the revision petitioner before the 3rd respondent was that the 4th respondent/ the RDO/ the Appellate Authority did not insist the Tahasildar/ 5th respondent to file their objections, without issuing any notice to the revision petitioner/ 7th respondent herein, without affording personal hearing and without furnishing any copy of the reply field by the 2nd respondent therein/ writ petitioner herein, the above said order dated 22.06.2020 was passed by the RDO/ the 4th respondent herein. 5. In other words, it was the grievance of the 7th respondent herein as the revision petitioner before the 3rd respondent that the principles of natural justice has not been followed while dismissing the appeal by the 4th respondent/ Appellate Authority dated 22.06.2020. The best course ought to have been adopted by the Revisional Authority/ the 3rd respondent herein is that the matter should have been remanded back to the 4th respondent/ Appellate Authority for consideration of the matter afresh on its own merits against the orders passed by the Tahsildar/ 5th respondent herein dated 28.11.2018. But the 3rd respondent went into the merits of the case and passed a detailed order allowing the revision beyond the scope of the grounds urged by the revision petitioner/ the 7th respondent herein. 6. Since the perusal of the order of the Appellate Authority dated 22.06.2020 does not disclose any findings on the merits of the case, 6 this court deems it fit and appropriate to remand the matter to the Appellate Authority/ the 4th respondent herein to consider the appeal preferred by the 7th respondent herein afresh by conducting necessary enquiry in accordance with law giving due opportunity to all the parties concerned including the petitioner and the respondent Nos.7 to 9 and upon consideration of the matter on merits and upon verification of the records and the subject land, appropriate decision shall be taken in the said appeal, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of this order. For the purpose of early disposal of the appeal on merits, both the parties and all the parties concerned shall cooperate with the Appellate Authority. Enabling the Appellate Authority to proceed with the matter, the order of the 3rd respondent passed in the above said revision case No.2917/2020-D5 dated 28.12.2020 is set aside herewith. 7. It is open for the parties concerned to file additional pleadings if any before the Appellate Authority bringing into the notice about the subsequent developments if any and pendency of civil suits if any. Pending the appeal, there shall be an order of status quo as on today to be maintained with respect to the mutation of the names of the parties for the subject lands. Subject to the outcome of the appeal, appropriate orders shall be passed with respect to the subject lands. It is made clear that, this court has not expressed any opinion on the merits of the case. 7 8. Accordingly, the writ petition is disposed of. Interim Order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 02.09.2025 NNN