IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT i, HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7166 OF 2025 Between: 1. Dodda Chenchaiah, S/o.late Yallamanda, Aged about 66 years, Occ; Cultivation, R/o.Bodawada Vitfege, Pamur Mandal, Prakasam District. 2. Dodda Ramaiah, S/o.late Yallamanda, Aged about 60 years, Occ: Cultivation, R/o.Bodawada Village, Pamur Mandal, Prakasam District. 3. Dodda China Kotaiah, S/o.late Yallamanda, Aged about 55 years, Occ; Cultivation, R/o.Bodawada Village, Pamur Mandal, Prakasam District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings,. Velagapudi, Amaravati, Guntur District. 2. The District Collector, Ongole, Prakasam District. 3. The Revenue Divisional Officer, Kanigiri, Prakasam District. 4. The Tahsildar, Pamur Mandal, Prakasam District. 5. Dodda Kotaiah @ Peda Kotaiah, S/o.late Yallamanda, Aged about 66 years R/o.Bodawada Village, Pamur Mandal, Prakasam District. ...RESPONDENTS praying that in may more particularly one in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order dr direction » issuing the impugned Notice vide Rc.B/181/2024, dated 19-02-2025 calling the petitioners for enquiry with regard to matter sub-judiced before this Hon’ble High Court vide W.P.No.3606 / 2023 is illegal, arbitrary, unjust and contrary to the provisions contemplated under the Andhra Pradesh Rights in Land and Pattadhar Passbooks Act, 1971 and violative of Constitutional Right under Article 300-A of the Constitution of India and consequently set aside the impugned Notice vide Rc.B/181/2024, dated 19-02-2025 issued by the 4th respondent calling the petitioners for enquiry with regard to matter sub-judiced before this Hon’ble High Court vide W.P.No.3606 / 2023. 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 suspend the impugned Notice vide Rc.B/181/2024, dated 19-02-2025 issued by the 4th respondent and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of their Respective Ac.2-45 cents in Survey No.27 of Bodawada Village, Pamur Mandal, Prakasam District and to restore the online mutations made in favour of the petitioners in respect of their respective Ac.2-45 cents in Survey No.27 of Bodawada Village, Pamur Mandal, Prakasam District by enabling them to obtain Certified Copies of 1-B (ROR) and Adangal, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI CHIRANJEEVI TALASILA Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: -- The Court made the following: ORDER 1 APHC010139082025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3329] HP THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7166/2025 THE Between: Dodda Chenchaiah and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.CH1RANJEEV1 TALASILA Counsel for the Respondent(S): 1.GP FOR REVENUE 2. 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7166/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4*^ respondent in issuing the impugned Notice vide Rc.B/181/2024, dated 19.02.2025 calling the petitioners for enquiry with regard to matter sub-judiced before this Hon’ble High Court vide W.P.No.3606 / 2023 is illegal, arbitrary, unjust and contrary to the provisions contemplated under the Andhra Pradesh Rights in Land and Pattadhar Passbooks Act, 1971 and violative of Constitutional Right under Article 300-A of the Constitution of India and consequently set aside the impugned Notice vide Rc.B/181/2024, dated 19.02.2025 issued by the 4*'' respondent calling the petitioners for enquiry with regard to matter sub-judiced before this Hon’ble High Court vide W.P.No.3606 / 2023 and pass..” 1. Heard learned counsel for the Petitioners and learned Government 2. Pleader for Revenue and perused the material on record. th The case of the petitioners herein is that the petitioners as well as 5 respondent herein are the coparceners of the joint family and they jointly 3. F 3 acquired the ancestral property admeasuring Ac. 12.25 cents in Sy.No.27 of Bodawada Village, Pamur Mandal, Prakasam District. In view of joint succession of the ancestral property of the coparceners, they entered into partition agreement on 06.09.2003, under which the Petitioners as well as the respondent herein got partitioned the subject property of Ac. 12.25 cents between them, more particularly the land in Sy.No.27 to an extent of Ac.2.45 cents each. Pursuant to the representation submitted by the petitioners and 5*'^ respondent the revenue authorities mutated their names in respect of Sy.No.27 in favour of the petitioners as well as the 5*^ respondent to an extent of Ac.2.45 cents each accepting the partition agreement entered between them on 06.09.2003, in view of the joint application submitted by the all the successors. th 4. While things stood thus, the 5"' respondent herein filed W.P.No.3606/2023 claiming the entire land in Sy.No.27 to his share and sought for mutation in his favour, wherein this Hon’ble Court not inclined to pass any orders and same is pending for consideration. When the matter is pending for consideration, to the surprise of the petitioners herein the 4'^ respondent issued 1®* and 2'"'' notices on 19.02.2025 to the petitioners and the 5'^ respondent herein directing them to submit explanations stating why the claim of the 5‘^ respondent cannot be considered, for which the petitioners submitted a detailed explanation through legal notice dated 25.02.2025. tL XL. A Without considering the legal notice/explanation, the 4*"^ respondent is trying to respondent herein as pattadar against the entire extent of Ac. 12.25 cents of land in Sy.No.27 of Bodawada Village, Pamur Mandal, Prakasam District. Hence the writ petition, other hand learned Government Pleader for Revenue submits that the explanation was submitted by way of legal notice by the petitioners would be considered by the respondent authorities and pass appropriate orders in accordance with law. th mutate the name of the 5 5. On the Heard the submissions made by iearned counsel for the Petitioners and learned Government Pleader for Revenue and on perusal of the material on record, it is observed that the property admeasuring Ac. 12.25 cents in Sy.No.27 of Bodawada Village, Pamur Mandal, Prakasam District was already the petitioners and the S'" respondent by way of a partition agreement dated 06.09.2003, which was acted upon by all 6. un partitioned between registered the parties to the document and also recognized and accepted by the revenue mutated equal extent of Ac..45 cents in favour of the authorities and got petitioners and in favour of the S'” respondent till date. entitled to hold the land as not registered but all the In view of the above facts, the petitioners are the partition agreement even though it was parties concerned are acted upon the partition agreement. 7. per 30^ 5 stated above, this Court is of the considered view In view of the reasons that the present Writ Petition can be disposed of directing the 4'^ respondent reply notice / legal notice dated 25.02.2025 of the 8. herein to consider the reference to the partition agreement dated 06.09.2003 and the records which were aiready granted in favour of the Petitioners and petitioners with revenue respondent and pass appropriate orders within a period of two (2) months from the date of receipt of a copy of this order. th In the meanwhile, the 4 alter the revenue record which stands respondent is directed not to modify or as on 04.03.2025. No costs. 9. With the above directions, the Writ Petition is disposed of. No costs. miscellaneous petitions pending, if any, shall stand closed. The / Sd/- N. NAGAMMA assistantregistrar //true COPY// To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. District Collector, Ongole, Prakasam District. Divisional Officer, Kanigiri, Prakasam District. 2. The 3. The Revenue 4 jhe Tahsildar, Pamur Mandal, Prakasam District. 5. One CC to Sri Chiranjeevi Talasila Advocate [OPUC] for Revenue; Wigh Court of Andhra Pradesh. [OUT] 6. TwoCCstoGP 7. Three CD Copies TF HIGH COURT DATED:20/03/2025 ORDER I* 01 *P^ % WP.No.7166 of 2025 OV S!f/ Current Section ‘^ir DISPOSING OF THE W.P., WITHOUT COSTS