APHC010174392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) >0 i > ‘IX o FRIDAY, THE FIRST DAY OF AUGUST | TWO THOUSAND AND TWENTY FIVE PRESENT 55 \. THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTP " WRIT PETITION NO: 9733 OF 2025 Between: S Praveena, D/o Late S Ramkrishna Redy, aged about 42 years, Occ House Wife, R/o 6-52, Papireddypalli (V), GorantIa Mandal, Sri Satya Sai District, Andhra Pradesh-515241. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary to Govt of AP, Revenue Department, Secretariat, Velagapudi, Guntur District, AP.- 2. The District Collector and District Magistrate, Sri Satya'Sai District, Puttaparthi, Andhra Pradesh 515134. 3. The Revenue Divisional Officer RDO, Penukonda, Chennekothapal li Rd, Penukonda, Andhra Pradesh 515110. .. 4. The Mandal Revenue Officer, Chilamathur, Police station road, Lepakshi Rd, Chilamathur, Andhra Pradesh 515341. 5. Smt P V Sivamma, W/o Venkata Siva Reddy, R/o Papireddypalli, Budili, GorantIa Mandal, Sri Satya Sai District, Andhra Pradesh-5t5241. 6. Sri S Sreenivasa Reddy, S/o Late Venkata Siva Reddy, Papireddypalli, Budili, GorantIa Mandal, Sri Satya Sai District, Andhra Pradesh-515241. R/O ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the may be respondent in keeping petitioners lands in Sy. No's 111,112,114, 126 an extent of 10.46 AC, 8.00 AC, 4.69 AC and 3.20 AC under disputed registrar on 05.03.2025 without issuing any notice is illegal, arbitrary and violation of Article 14,21,300A and is contrary to the Rule 9(1)(c)(ii)of AP Rights in Lands and Pattadar Pass Book Rules, 1988 and also violation of Judgments of the Hon'ble High Court Andhra Pradesh in WP.198 of 2024 dt.24.01.2024, W.P.Nos.9P2 of 2024 batch dt.29.01.2024 consequently direct the respondents to remove the Petitioners lands in Sy. Nos. Ill, 112, 114, and 126 from the disputed register within two weeks, pending disposal of the writ petition. of and lA NO: 1 OF 2025 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 direct the 4th respondent to remove the Petitioner’s lands in Sy. Nos. 111 112, 114, and 126 from the disputed register within two weeks. Counsel for the Petitioner: SRI THANDAVA YOGESH Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 and 6: SRI N RANGA REDDY The Court made the following order: to APHC010174392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FIRST'DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9733/2025 Between: 1.S PRAVEENA, D/0 LATE S RAMKRISHNA REDY, AGED ABOUT 42 R/0 6-52, PAPIREDDYPALLI (V), SRI SATYA SAI DISTRICT, ANDHRA YEARS, OCC HOUSE WIFE GORANTIA MANDAL, PRADESH-515241. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GDVT OF AP, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AP. 2.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, SRI SATYA SAI DISTRICT, PUTTAPARTHI, ANDHRA PRADESH 515134. 3.THE REVENUE DIVISIONAL OFFICER RDO, PENUKONDA, CHENNEKOTHAPALLI RD, PENUKONDA, ANDHRA PRADESH 515110. 4.THE MANDAL REVENUE OFFICER, CHILAMATHUR, STATION ROAD, LEPAKSHI RD, CHILAMATHUR, PRADESH 515341. 5.SMT P V SIVAMMA, W/0 VENKATA SIVA REDDY, PAPIREDDYPALLI, BUDILI, GORANTLA MANDAL, SRI SATYA SAI DISTRICT, ANDHRA PRADESH-515241. 6.SRI S SREENIVASA REDDY, S/0 LATE VENKATA SIVA REDDY, R/0 PAPIREDDYPALLI, BUDILI, GORANTLA MANDAL, SRI SATYA SAi DISTRICT, ANDHRA PRADESH-515241. POLICE ANDHRA R/0 ...RESPsONDENT(S): W.P.No,9733 of2v Petition under Article 226.of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in keeping petitioners lands in Sy.No's 111,112,114, 126 an extent of 10.46 AC, 8.00 AC, 4.69 AC and 3.20 AC under disputed registrar on 05.03.2025 without issuing any notice is illegal, arbitrary and violation of Article 14,21,300A and is contrary to the Rule 9(1)(c)(ii)of AP Rights in Lands and Pattadar Pass Book Rules, 1988 and also violation of Judgments of the Hon'ble High Court of Andhra Pradesh in WP.198 of 2024 dt.24.01.2024, W.P.Nos.902 of 2024 and batch dt.29.01.2024 consequently direct the respondents to remove the Petitioners lands in Sy. Nos. Ill, 112, 114, and 126 from the disputed register within two weeks, pending disposal of the writ petition and pass such lA NO: 1 OF 2025 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 4th respondent to remove the Petitioner’s lands in Sy. Nos. Ill, 112, 114, and 126 from the disputed register within two weeks and pass Counsel for the Petitioner: 1.THANDAVA YOGESH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.N RANGA REDDY The Court made the following: ::ORDER:: Heard Sri G. Malleswar Reddy, learned counsel for the petitioner; Sri Divya Teja, learned Assistant Government Pleader for Revenue, for respondents 1 to 4, and Sri Ranga Reddy, learned counsel for respondents 5 and 6. SRS,J W.P.No.9733 of 2025 -,-e 3 of 6 The above writ petition has been filed to declare the action of respondent No.4 in keeping the land of an extent of Ac. 10-46 cents, Ac.8-O0, Ac:4-69 cents and Ac.3-20 cents in survey Nos.Ill, 112, 114 and 126, respectively, in Chagaleru Village, Chilamathur Mandal, Penukonda Division, Sri Satya Sai District, in the dispute register, as illegal and arbitrary. 2. Learned counsel for the petitioner would submit that the petitioner is the, absolute owner in respect of the aforementioned lands; that the petitioner’s grandfather Mallappa @ Malli Reddy acquired th.e subject property under an exchange deed dated 26.03.1943 with one Sri P. Narasimha Reddy; that the name of the petitioner’s grandfather was mutated in the Record of Rights; that after the death of the petitioner’s grandparents, the petitioner’s father succeeded to the properties and his name' was mutated in the revenue records; that the petitioner’s father, Ramakrishna Reddy filed O.S.No.106 of 2008 before the Principal Junior Civil Judge, Hindupur, against respondents 5 and 6 seeking perpetual injunction and the said suit was dismissed on 30.11.2017; that against the said judgment, the petitioner’s father filed appeal suit vide A.S.No.4 ,of 2018 before II Additional District Judge, Ananthapuramu; that the appeal was allowed on 23.11.2020; that against the revenue entries, made in favour of the petitioner’s father, respondents 5 and 6 filed appeals under the Andhra Pradesh Rights in Land and Pattadar Pass-Books Act, 1971 (for short ‘the Act’) before the Sub-Collector and Sub-Divisional Magistrate, Penukonda; that the said appeal was dismissed on 16.05.2022, against which revision was filed before the Joint Collector, Sri Sathya Sai District, Puttaparthi vide Rc.No.384/Cord2/2022; that the said revision was disposed of on 26.10.2024, directing the parties to approach the competent Civil Court. 3. Learned counsel for the petitioner would further submit that after the death of the petitioner’s father, the petitioner requested the revenue authorities to mutate the name in the revenue records. The petitioner made a representation dated 10.12.2024, requesting respondent No.2 to remove the 4. ■ nm: W,P.No.9733 ott property from the dispute register; that the land was removed from the dispute register; that again on 05.03.2025, the subject lands were placed in dispute register, without issuing any notice to the petitioner and the said action of respondent No.4.js illegal and arbitrary. Learned Assistant Government Pleader for Revenue and learned counsel for respondents 5 and 6 supported the proceedings of the official respondents. 5. 6. The Division Bench of this Court in W.A.No.817 of 2024 considered the aspect of keeping the property under dispute register and observed as under: The Register, that is to be maintained under Rule 32, relates only to suits filed under Section 6(2) of the ROR Act. Section 8(2) states that a person can file a suit against any other person who denies his title right to a property, on the basis of entries made in the record of rights. From thelanguage of Section 8(2), suits that fall within the ambit of Section 8(2.) of ROR Act are those suits which arise when 11. or a person, on the basis of entries made in the record of rights, denies or takes steps to deny title of the aggrieved person.” 7. In the case at hand, as seen from the material, the statutory appeal filed by respondents 5 and 6 vide Rc.No.2408/2018/B was dismissed on 16.05.2022 by the Sub-Collector and Sub-Divisional Magistrate, Penukonda. Against the order, respondents 5 and 6 filed revision before the Joint Collector, and the same was disposed of on-26.10.2024, wherein it was observed as under; ‘After perusing all the available records, this court concludes that two O.S.NO.19./2014 on the file of Senior Civil Judge, Hindupur and another suit in OS No.38/2016 on the file of Senior Civil Judge, Penukonda and S.A.07/2021 and writ petition WP No.16531 of 2023 before the Hon’ble High Court of A.P. which is filed by the petitioners herein is pending before the Hon’ble Court for adjudication. civil suits i.e. revision SRS,J W.P.No.9733 of 2025 The sub-Collector has directed the parties to approach competent civil court to prove their title over the subject land. Therefore, there i5 no need to interfere on the orders passed by the Sub-Collector, Penukonda in Rc.No.2408/2018/B dated 16.05.2022.” 8. The authorities, having removed the land from the dispute register, again kept the land in the dispute register, without issuing notice to the petitioner or following the procedure. Having been deleted from the dispute register, in the absence of any direction, keeping the lands in the dispute register, in the considered opinion of this court, is not only illegal but also arbitrary and violative of the provisions of the Act. Given the facts and circumstances of the case and the expression of the Division Bench in W.A.No.817 of 2024, keeping the land in the dispute register is impernhissible. Therefore, this writ petition deserves to be allowed and accordingly allowed at the admission stage, directing respondent No.4 to delete the subject property from the dispute register forthwith. No costs. 9. Miscellaneous petitions pending, if any, shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary to Govt of AP. State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Guntur District, AP. 2. The District Collector and District Magistrate, Sri Satya Sai District, Puttaparthi, Andhra Pradesh 515134. 3. The Revenue Divisional Officer RDO, Penukonda, Chennekothapal li Rd, Penukonda, Andhra Pradesh 515110. 4. The Mandal Revenue Officer, Chilamathur, Police station road, Lepakshi Rd, Chilamathur, Andhra Rradesh 515341. 5. One CC to Sri. Thandava Yogesh Advocate [OPUC] 6. One CC to Sri. N Ranga Reddy Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSC HIGH COURT DATED:01/08/2025 ORDER WP NO. 9733 OF 2025 ALLOWING THE WP WITHOUT COSTS