APHC010189852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9565/2025 Between: B Sunil Kumar Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. L J VEERA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9565/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the Respondents particularly 3rd Respondent in attempting to mutate the name of 4th respondent in respect of the land of Ac.0.38 cents in Sy.No.281/B of Manhanandipalli village, Kalasapadu mandal, YSR Kadapa district without following the due process of law without considering the legal notice dt.l9.03.2025 and the records annexed therewith on extraneous considerations as illegal, unjust, arbitrary and against the principles of natural justice and also against the statutory provisions and also 300-A of Constitution of India and consequently direct the respondents particularly Respondent No.3 not to mutate the name of 4th respondent in respect of the land of Ac.0.38 cents in Sy.No.281/B of Manhanandipalli village, Kalasapadu mandal, YSR Kadapa district without following due process of Law and with further direction to respondents not to dispossess the petitioners from 8 cents each out of the said Ac.0.38 cents and 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 the petitioners herein and respondent No.4 herein are the natural brothers having a joint family property admeasuring to an extent of Ac.0.38 cents in Sy.No.281/B of Manhanandipalli Village, Kalasapadu Mandal, YSR Kadapa district. The said property was acquired through a registered sale deed in the name of elder brother of the joint family i.e., respondent No.4 herein. Since from the date of acquisition, the subject property was enjoyed by all the members as joint family property. While things stood thus, respondent No.4 herein made an application seeking to mutate his name as sole pattadar against the entire extent of land i.e., Ac.0.38 cents situated at Manhanandipalli Village, Kalasapadu Mandal, YSR Kadapa district. For which, the respondent No.3 is taking steps without following due process of law. Hence, the present writ petition. 4. On the other hand, learned Government Pleader appearing for the respondents submits it is purely a family dispute between the petitioners and the respondent No.4 and such disputes should be sorted out by way of initiating appropriate proceedings before Civil court of law having jurisdiction over the subject property. He further submits that the respondents are not taking steps for any mutation of name of respondent No.4 in respect of the subject property. Further, if the respondents intend to initiate any steps in respect of mutation of the subject land in favor of respondent No.4, they would follow due process of law as contemplated under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. 5. Having regard to the submissions made by the learned counsel for the petitioners 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 the petitioners herein to prove their rights being coparceners of the joint family against the subject property standing in the name of respondent No.4 by invoking appropriate legal remedies before the Civil Court of law having jurisdiction over the subject property as contended by the learned Government Pleader. If so far, respondent No.4 who holds the sale deed, not mutated as pattadar of the subject land, the respondents are hereby directed to follow due process of law in granting mutation in favour of the respondent No.4 as contemplated under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. 6. With the above directions, the wit 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 10.04.2025 BSP 134 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.9565 of 2025 10.04.2025 BSP