IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11477 OF 2022 Between: Smt. Kethanapalli Subbalakshmi, W/o. Gopinadh, Aged. 38 years, Occ: Cultivation, R/o. Bhamanagudem, Chagallu Mandal, Kovvur, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, East Godavari District. The Revenue Divisional Officer, Kovvuru Revenue Division, East Godavari District. The Tahsildar, Chagallu Mandal, East Godavari. Smt. Nalluri Krishnaveni, W/o. Sri Nalluri Veera Brahmmanandam, {She being deaf, dumb, and of unsound mind, represented by her husband and natural guardian, Sri Nalluri Veera Brahmmanandam), Aged about 59 years, Occ. Business, R/o. Korumamidi, Nidadavole Mandal, East Godavari District. 2. 3. 4. 5. (Cause title is amended in Writ Petition and affidavit as as per Court's Order dt.24/12/2024 in lA 1/2024) ...RESPONDENTS 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 to issue an appropriate order, writ or direction, more particularly one in the nature of writ of Mandamus, declaring the orders passed by the respondent in Appeal No. 1738279/2019/B, dt.25.03.2022 under Section 5(5) of the ROR Act, 1971 pending disposal of above Second Appeal in SA No.368 of 2019 on the file of this Hon'ble Court as illegal, arbitrary and the provisions of Andhra Pradesh Land in Rights Pattadar Pass Books Act, 1971 (ROR Act, 1971) and also violation of the Fundamental and Constitutional Rights guaranteed under Constitution of India and consequently set aside the same, in the interest of justice. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the orders passed by the 3rd respondent in Appeal No. 1738279/2019/B, dt.25.03.2022 under Section 5(5) of the ROR Act, 1971. lA NO: 2 OF 2022 Between: Smt. Nalluri Krishnaveni, W/o. Sri Nalluri Veera Brahmmanandam, (She being deaf, dumb, and of unsound mind, represented by her husband and natural guardian, Sri Nalluri Veera Brahmmanandam), Aged about 59 years, Occ: Business, R/o. Korumamidi, Nidadavole Mandal, East Godavari District. ...PETITIONER/5‘" RESPONDENT AND 1. Smt. Kethanapalli Subbalakshmi, W/o. Gopinadh, Aged. 38 years, Occ: Cultivation, R/o. Bhamanagudem, Chagallu Mandal, Kovvur, East Godavari District. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, East Godavari District. The Revenue Divisional Officer, Kovvuru Revenue Division, East Godavari District. The Tahsildar, Chagallu Mandal, East Godavari. 5. ...RESPONDENTS/RESPONDENTS 1 to 4 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 to vacate the interim orders dated 05-05-2022 passed in IA.No.1 of 2022 in WP.No.11477 of 2022. lA NO: 1 OF 2023 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District. 3. The Revenue Divisional Officer, Kovvuru Revenue Division, East Godavari District. 4. The Tahsildar, Chagallu Mandal, East Godavari. ...PETITIONERS/RESPONDENTS AND 1. Smt. Kethanapalli Subbalakshmi, W/o. Gopinadh, Aged. 38 years, Occ: Cultivation, R/o. Bhamanagudem, Chagallu Mandal, Kovvur, East Godavari District. ...RESPONDENT/PETITIONER 2. Smt. Nalluri Krishnaveni, W/o. Sri Nalluri Veera Brahmmanandam, (She being deaf, dumb, and of unsound mind, represented by her husband and natural guardian, Sri Nalluri Veera Brahmmanandam), Aged about 59 years, Occ. Business, R/o. Korumamidi, Nidadavole Mandal, East Godavari District. (Respondent No.2 is not necessary party in this petition) ...RESPONDENTS 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 to vacate the interim order dated 05.05.2022 in W.P.No. 11477 of 2022 and also dismiss the writ petition. Counsel for the Petitioner : SRI RADHA KRISHNA FOR SRI E. V. V. S. RAVI KUMAR Counsel for the Respondent Nos.1 to 4 : SRI KRISHNA PRANEETH, ASST.GP FOR REVENUE Counsel for the Respondent No.5 : SRI SAILENDER The Court made the following: ORDER APHC010196242022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES [3332] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11477/2022 Between: Smt. Kethanapalli Subbalakshmi ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: TEWS RAVI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.VENKAT SAILENDRAG The Court made the following order: Questioning the order passed by respondent No.3 in Appeal No. 1738279/2019/B, dated 25.03.2022 under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (RoR Act, 1971) pending disposal of the Second Appeal in S.A No.368 of 2019 on the file of this Court, the present Writ Petition is filed. 2 Heard Sri Radha Krishna, learned counsel representing learned counsel 2. for the petitioner, Sri Krishna Praneeth, learned Assistant Government Pleader for official respondents and Sri Sailender, learned counsel for respondent No.5. Learned counsel for the petitioner in elaboration to what has been 3. stated in the writ affidavit contending that respondent No.5 preferred an appeal before the Revenue Divisional Officer for cancellation of pattadar pass book and title deed issued in favour of the petitioner under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (ROR Act, 1971). The Revenue Divisional Officer, without having power, has entertained the appeal and passed order directing the respondent No.5 to make a fresh application to the Tahsildar in that regard and further directed the Tahsildar to follow the procedure by providing an opportunity to the concerned persons to present their objections and after conducting enquiry pass orders in accordance with law. However, an observation was made that any order that may be passed would be subject to the outcome of the Second Appeal pending before this Court. Learned counsel for the petitioner further contended that a civil suit vide 4. in O.S.No.252 of 2006 on the file of the Court of Principal Senior Civil Judge Kovvur has been filed by respondent No.5 against the petitioner for declaration that the settlement deed dated 15.06.2012 executed by respondent No.5 is null and void and further for consequential injunction.The said suit has been partly decreed declaring the settlement deed is null and #5 3 void. Feeling aggrieved, the petitioner preferred on the file of the Court of IX Additional Kovvur which was dismissed. As appeal in A.S.No.8 of 2017 District Judge, West Godavari at against the same. Second Appeal has been preferred before this Court in S.A.No.368 of 2019. He further submitted that in spite of knowing about the pendency of the Second Appeal, the Revenue appeal filed by respondent No.5. The the parties to approach the Appeal, instead of Divisional Officer has entertained the Revenue Divisional Officer ought to have directed revenue authorities pursuant to disposal of the Second doing so, he gave liberty to respondent No.5 to file application before the Tahsaildar. As such, the present Writ Petition is filed and this Court vide order dated 05.05.2022 granted stay of operation of the order dated 25.03.2022. As such, prayed to pass orders treating the interim order as final order. 5. On the other hand, learned Assistant reiterating the contents of the counter affidavit, application filed by respondent No.5 has allowed Government Pleader, while contended that the mutation on 28.06.2022 and the subject land is ordered to kept in Dispute Register till finalization of the orders in S.A.No.368 of 2019. The objection petition filed by the petitioner has been No.5 was approved and rejected and mutation application of respondent mutated in webland records vide Tahsildar office proceedings dated 28.06.2022. In pursuance of the CCLA instructions, the relevant entry of was kept in Dispute Register in Web Land the Revenue Divisional passed the impugned order. respondent No.5 land records Records on 30.06.2022. He further submitted that Officer, after hearing the parties, has rightly 4 % There is neither illegality nor procedural impropriety in passing the impugned order. The petitioner can as well approach the revenue authorities subject to the outcome of the Second Appeal. As respondent No.5 has a decree in his favour, his rights cannot be curtailed. The petitioner has not made out any case warranting interference of this court. The Writ Petition is devoid of merits and prayed to dismiss the Writ Petition. 6. Learned counsel for respondent No.5 contended that once the civil Court has set aside the settlement deed and there is no stay obtained by the petitioner in the Second Appeal and as per the provisions of the Pattadar Pass book Act, respondent No.3 has right to rectify the revenue records as per the decree passed by the Court below. He further submitted that the Writ Petition is liable to be dismissed in limine as there is a Revision under Section 9 of the Act before the Collector. In the additional counter affidavit, a categorical stand has been made that the writ petitioner has no title over the property as today, as the settlement deed relied by him has been revoked and has been declared as null and void, hence, he has no locus standi to file the present Writ petition. The Writ Petition is devoid of merits and prayed to dismiss the Writ Petition. on 7. Perused the record and considered the submissions made by learned counsel for the parties. It is not in dispute that the suit vide O.S.No.252 of 2006 on the file of the Court of Principal Senior Civil Judge, Kovvur filed by respondent No.5 has 8. 5 been decreed in his favour. It is not in dispute that Second Appeal vide S.A.No.368 of 2019 filed by the petitioner is pending before this Court and there are no interim orders in favour of the petitioner in the Second Appeal. In the absence of any interim order pending Second Appeal, the authorities are not precluded from entertaining the ROR Act. As rightly contended by learned counsel for the petitioner, the Revenue Divisional Officer, as an appellate authority, has no power to cancel the pattadar pass book and title deed issued in his favour. 9. Perusal of the impugned proceedings. Revenue Divisional Officer has permitted the respondent No.5 to make an application for mutation of his name in the revenue record and issuance of pattadar pass book. However, with a rider that any decision may be taken by the Tahsildar is subject to the outcome of the Second Appeal filed by the petitioner. The Revenue Divisional Officer has rightly passed the impugned order and the petitioner has not raised any grounds warranting interference of this Court. The Writ Petition is devoid of merits and liable to be dismissed. 10. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR rsEcM //TRUE COPY// N OFFICER To, 1. One CC to Sri E. V. V. S. Ravi Kumar, Advocate [OPUC] 2. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 3. One CC t^ri Sailender, Advocate (OPUC) 4. One CC to Sri Vineeth Appasani, Advocate (OPUC) 5. Three C.D. Copies. Cnr HIGH COURT DATED:28/01/2025 ORDER g 1S MAR 2G25 . Current Section . ^ »»ATC 1 WP.No.11477 of 2022 DISMISSING THE W.P. WITHOUT COSTS