APHC010139552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7293/2025 Between: M.darshan, and Others ...PETITIONER(S) AND The State Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. N PREMRAJ Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7293/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent taking steps to decide the title of the petitioners schedule property in Sy.No.238-3 an extent of Ac.0.93 cents of Bathalapalli Village and Polam, Dharmavaram Sub- Division, Sri Satya Sai District based on the report of the 4th respondent vide Rc.No.A/382/2023, dt.01.12.2023 by canceling the title deed and deleting the name of the petitioner in the revenue records without their being a decree of Civil Court is illegal, arbitrary and in violation of Principles of Natural justice and in violation of Art 14 and 300A of the Constitution of India and consequently direct the 3rd respondent not to decide the title of the petitioners schedule property in Sy.No.238-3 an extent of Ac.0.93 cents of Bathalapalli Village and Polam, Dharmavaram Sub-Division, Sri Satya Sai District in the interest of justice and to pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that petitioners herein are the absolute owners and possessors of the land admeasuring to an extent of Ac.0.93 cents in Sy.No.238-3 situated at of Bathalapalli Village and Polam, Dharmavaram Sub-Division, Sri Satya Sai District. While so, the petitioner No.2 got mutated her name in the revenue records as pattadar of the subject land by way of purchase. Further, petitioner No.2 was also issued pattadar pass book holding that the petitioner No.2 is the pattadar of the land admeasuring to an extent of Ac.0.93 cents in Sy.No.238-3. While so, without following principles of natural justice and without providing opportunity of hearing to the petitioners, the respondent No.4 herein addressed a letter to the respondent No.3 in view of the complaint received by them from one Smt.Ramulamma W/o. Katamaiah and also pursuant to the report dated 20.10.2023 submitted by the Village Revenue Officer, Bhatalapali Village, proposed to cancel the revenue entries as well as pattadar pass book issued in favour of the petitioner No.2 herein. Hence, the petitioner preferred this writ petition challenging the proposed action of the respondents. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 19.03.2025, wherein, the relevant portion of the said instructions reads as follows: “Further, it is submitted that Sri Madanapu Balappa second son Sri Madanapu Nagabhushana has sold the land in Sy.No.238-3, extent of Ac.0.31 cents to Smt Ramanjinamma mother-in-law of the writ petitioner and the legal heirs of Sri Madanapu Nagabhusana 1. Bhagyalakshmi 2. M.Dhanalakshmi and 3. T.Shyamala have filed an original suit in O.S.No.639/2022 before the Junior Civil Judge, Dharmavaram against the writ petitioner Smt.Hima Bindu W/o. Adinarayana and others for their share in Sy.No.238-3 extent:0.93 Acres of Bathalapalli Village and Mandal and the case was still pending for adjudication. In this connection as per the representation given by Smt.Ramulamma W/o.Katamaiah the then Tahsildar, Bathalapalli issued notices to Smt. Ramulamma W/o.Katamaiah and the writ petitioner Smt. Hima Bindu W/o. Adinarayana in Rc.No.A/4/2023, dated 29.09.2023 to attend for enquiry on dated 06.10.2023 along with the related documents. After due enquiry the then Tahsildar, Bathalaplli has submitted the factual report to the Revenue Divisional Officer, Dharmavaram for taking further necessary action in the above matter and there are no orders have been issued by the Tahsilar, Bathalapalli and the Revenue Divisional Officer, Dharmavaram regarding above subject land.” 5. He further submits that it is only a proposal in view of the enquiry report, but so far, no orders were passed. He further submits that if the respondent No.4 intend to exercise his executive authority to delete the entries in the revenue records and for cancellation of pattadar pass books issued in favour of the petitioner, the respondent No.4 herein shall adhere to the principles of natural justice as well as due procedure as contemplated under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short ‘Act 26 of 1971’). 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing respondent No.4 herein to follow the due procedure as contemplated under the Act 26 of 1971 by observing principles of natural justice, after conducting detailed enquiry and after providing opportunity of hearing to all the parties concerned and pass appropriate orders, within a reasonable time. In the meanwhile, respondents are directed not to take any coercive steps in respect of the subject property of the petitioners. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 24.03.2025 BSP 215 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7293 of 2025 24.03.2025 BSP