4 APHC0102017€2024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10193 OF 2024 Between: 1. Appikonda Venkat Rao, S/o. Ramudu, Aged 49 years, R/o. Door.No. 50-102-7/3, TPT Colony, Seethammadhara, Near Cancer Hospital, Visakhapatnam. 2. Tokada Venkata Lakshmi, W/o. Koti, Aged 48 years, R/o. Door.No. 46- 9-06, Koppili Vari Street, Near Erukumamba Temple Dondaparty, Akkayyapalem Post, Visakhapatnam Urban, Visakhapatnam District. 3. Tokada Raju, S/o. Koti, Aged 30 years, R/o. Door.No. 46-9-06, Koppili Vari Street, Near Erukumamba Temple Dondaparty, Akkayyapalem Post, Visakhapatnam Urban, Visakhapatnam District. ...Petitioners AND 1. State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anakapalli District. 3. The Tahsildar, Sabbavaram Mandalam, Anakapalli District. 4. Siraparapu Demudu, S/o. Achibabu, R/o. Door.No. 1/27, Mogalipuram Village Sabbavaram Mandal, Anakapalli District. 5. Siraparapu Venkat Ramana, S/o. Achibabu, R/o. Door.No. 1/26, Mogalipuram Village, Sabbavaram Mandal, Anakapalli District. 6. Sabbavarapu Bharati, W/o. Suresh, R/o. Door.No. 1/23, Mogalipuram Village, Sabbavaram Mandal, Anakapalli District. 7. Siraparapu Sunny Babu, S/o. Achibabu, R/o. Door.No. 1/26, Mogalipuram Village, Sabbavaram Mandal, Anakapalli District. 8. Siraparapu Appala Naidu, S/o. Sunny Babu R/o. Door.No. 1/26, Mogalipuram Village, Sabbavaram Mandal, Anakapalli District. 9. Siraparapu Pyaidanna, S/o. Appalanaidu R/o. Door.No. 1/26, Mogalipuram Village, Sabbavaram Mandal, Anakapalli District. 10. Siraparapu Ramesh, S/o. Satyam, R/o. Door.No. 1/27, Mogalipuram Village, Sabbavaram Mandal, Anakapalli District. 11. Siraparapu Govindamma, W/o Sanyasirao R/o. Door.No. 1/25, Mogalipuram Village, Sabbavaram Mandal, Anakapalli District. ...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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in changing the entries in the revenue records without following the procedure contemplated under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act and Andhra Pradesh (Andhra Area) and Inams (Abolition and Conversion into Ryotwari) Act 1956 as illegal, arbitrary and violation of principles of natural justice and violation of Article 14 and 300-A of the Constitution of India and to consequently set aside the entries in revenue records in respect of land admeasuring Ac. 9.03 cents in Sy. 9.03 cents in Sy. No. 50/1 to 50/17 of Mogalipuram Village, Sabbavaram Mandal, Anakapalli District (Erstwhile Visakhapatnam District). lA NO: 1 OF 2024 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 direct the respondents not to create third party interest in respect of land admeasuring Ac. 9.03 cents in Sy. No. 50/1 to 50/17 of Mogalipuram Village, Sabbavaram Mandal, Anakapalli District (Erstwhile Visakhapatnam District) by virtue of impugned Revenue entries pending disposal of the writ petition. Counsel for the Petitioners: SRI V V SATISH Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent Nos. 4 to 11: — The Court made the following order: 1 APHC010201762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10193/2024 Between: 1.APPIKONDA VENKAT RAO, S/0. RAMUDU, AGED 49 YEARS, R/0. DOOR.NO. 50-102-7/3, TPT COLONY, SEETHAMMADHARA, NEAR CANCER HOSPITAL, VISAKHAPATNAM. 2.TOKADA VENKATA LAKSHMI,, W/O. KOTI, AGED 48 YEARS, R/0. DOOR.NO. 46-9-06, KOPPILI VARI STREET, NEAR ERUKUMAMBA DONDAPARTY, AKKAYYAPALEM POST, VISAKHAPATNAM URBAN, VISAKHAPATNAM DISTRICT. TEMPLE 3.TOKADA RAJU,, S/0. KOTI, AGED 30 YEARS, R/0. DOOR.NO. 46-9- KOPPILI VARI STREET, NEAR ERUKUMAMBA TEMPLE DONDAPARTY, AKKAYYAPALEM POST, VISAKHAPATNAM URBAN, VISAKHAPATNAM DISTRICT. 06, ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, , REP.BY ITS PRINCIPAL SECRETARY VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REVENUE DEPARTMENT, SECRETARIAT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT. 3. THE TAHSILDAR, , SABBAVARAM MANDALAM, ANAKAPALLI DISTRICT. 4. SIRAPARAPU DEMUDU, S/0. ACHIBABU, R/0. DOOR.NO. 1/27, MOGALIPURAM VILLAGE SABBAVARAM MANDAL, ANAKAPALLI fl 2 < DISTRICT. 5. SIRAPARAPU VENKAT RAMANA, S/0, ACHIBABU R/0. DOOR.NO. 1/26, MOGALIPURAM VILLAGE ANAKAPALLI DISTRICT. SABBAVARAM MAN DAL 6. SABBAVARAPU BHARATI, W/0. SURESH R/0. DOOR.NO. 1/23, MOGALIPURAM VILLAGE, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT. 7. SIRAPARAPU SUNNY BABU, S/0. ACHIBABU 1/26, MOGALIPURAM VILLAGE, ANAKAPALLI DISTRICT. R/0. DOOR.NO. SABBAVARAM MANDAL, 8. SIRAPARAPU APPALA NAIDU, S/0. SUNNY BABU R/0. DOOR.NO. 1/26, MOGALIPURAM VILLAGE, ANAKAPALLI DISTRICT. SABBAVARAM MANDAL, 9. SIRAPARAPU PYAIDANNA, , S/O. APPALANAIDU R/0. DOOR.NO. 1/26, MOGALIPURAM VILLAGE, ANAKAPALLI DISTRICT. SABBAVARAM MANDAL 10.SIRAPARAPU RAMESH, S/O. SATYAM, R/0. DOOR.NO. 1/27, MOGALIPURAM VILLAGE, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT. 11.SIRAPARAPU GOVINDAMMA, W/0 SANYASIRAO R/0. DOOR.NO. 1/25, MOGALIPURAM VILLAGE, ANAKAPALLI DISTRICT. SABBAVARAM MANDAL, ...RESPONDENT(S): 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 tomay be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in changing the entries in the revenue records without following the procedure contemplated under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act and Andhra Pradesh (Andhra Area) and Inams (Abolition and Conversion into Ryotwari) Act 1956 as illegal, arbitrary and violation of principles of natural justice and violation of Article 14 and 300-A of the Constitution of India and to consequently set aside the entries in revenue records in respect of land admeasuring Ac. 9.03 cents in 3 Sy. No. 50/1 to 50/17 of Mogalipuram Village, Sabbavaram Mandal, Anakapalli District (Erstwhile Visakhapatnam District) and to pass such lA NO: 1 OF 2024 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 may be pleased to direct the respondents not to create third party interest in respect of land admeasuring Ac. 9.03 cents in Sy. No. 50/1 to 50/17 of Mogalipuram Village, Sabbavaram Mandal, Anakapalli District (Erstwhile Visakhapatnam District) by virtue of impugned Revenue entries pending disposal of the writ petition. 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 grant leave to the petitioner herein Respondent No.3 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner(S): 1.VVSATISH Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10193/2024 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “ may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^^ respondent in changing the entries in the revenue records without following the procedure contemplated under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act and Andhra Pradesh Andhra Area and Inams Abolition and Conversion into Ryotwari Act, 1956 as illegal arbitrary and violation of principles of natural justice and violation of Article 14 and 300-A of the Constitution of India and to conseguently set aside the entries in revenue records in respect of land admeasuring Ac.9.03 cents in Sy.No.50/1 to 50/17 of Mogalipuram Village, Sabbavaram Mandal, Anakapalll District Erstwhile VIsakhapatnam District and to pass such....” Heard learned counsel for the petitioners and learned 2. Government Pleader for Revenue for the respondents. The claim of the petitioners herein is that the petitioners acquired the absolute rights in respect of the land admeasuring an extent of Ac.9.03 cents in Sy.No.50 of Mogalipuram Village, Sabbavaram Mandal, Anakapalli District through succession. The family of the petitioners belong to 3. 5 Washerman(Chakali) community and Inam was granted to the grandfather of St petitioner towards professional service. Pursuant thereto, the the 1 petitioners are in possession and enjoyment of the said land and cultivating the same. While the things stood thus, without issuing any notice and without following due process of law, the respondent herein erroneously mutated the names of the unofficial respondents in possessory column in respect of the land in Sy.Nos.50/1 to 50/17 without following the due procedure as contemplated under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Hence, the present Writ Petition is filed. Counter affidavit is filed by the 3’’'^ respondent. 4. Relevant paragraphs of the said counter affidavit read as follows:- In reply to para 4 to 6 of the affidavit, It is respectfully submitted that the petitioners contention that they were not informed about the resurvey, is not true. Prime facie, the petitioners have not been in possession and enjoyment of the subject land. Before conducting the re-survey of the land, public announcement by way of tom-tom was held in Mogalipuram Village. They did not attend the survey work. The un-official respondentshave attended the survey work at the lands which are under their possession and enjoyment. Therefore, re-survey conducted with reference to the records and also documents/papers held by the unofficial respondents. On account of the physical occupancy of the land and having the valid papers, the names of the unofficial respondents are recorded at their respective possession of the land In the web land adangal. In view of the above facts and circumstances, it Is submitted that, the unofficial respondents were found to be In possession and 6 enjoyment of the subject land, but they did not hold any Ryotwari patta granting by the competent authority. The petitioners have failed to substantiate their claim that their forefathers are the Inamdars and also failed to prove their physical possession and enjoyment of the subject land. The un-official respondents are found to be enjoyers in the subject Inam land. Even now, they are at liberty to file an application to the competent authority for grant of Ryotwari patta in Form-VIII prescribed under Rule 7 of Andhra Pradesh(Andhra Area Inams (Abolition and Conversion into Ryotwari) Rules, 1957 which commenced on 14.06.1957, as per their right and enjoyment over the subject Inam land..” 5. Relying on the averments made in the counter affidavit, learned Assistant Government Pleader for Revenue appearing for the respondents submits that the allegation against the respondents that the petitioners were not informed about the resurvey is not true or correct and public announcement was held in Mogalipuram village by way of tom-tom. He further submits that if the petitioners have any grievance, the petitioners may file appropriate application for grant of Ryotwari patta in Form-VIII and thereafter. the respondents will consider the same in accordance with law. 6. To the said submissions of learned Assistant Government Pleader for Revenue, learned counsel for the petitioners submits that the petitioners will file appropriate application in Form-VIII for grant of Ryotwari Patta to them in respect of the subject land. Considering the submissions of learned counsel for the 7. petitioners and the learned Assistant Government Pleader for Revenue, the 7 petitioners are directed to submit appropriate application to the 3 respondent for grant of Ryotwari patta in Form-Vlli prescribed under Rule 7 of Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Rules, 1957 within a period of two (02) weeks from the date of receipt of a copy of this order. On filing of such an application, the 3"'^ respondent is directed to consider the same and pass appropriate orders in accordance with law within a period of two (02) months thereafter. With the above directions, the Writ Petition is disposed of. There 8. shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// 1^ SECTION OFFICER To, The Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Anakapalli District. The Tahsildar, Sabbavaram Mandalam, Anakapalli District. 4. One CC to Sri V V Satish, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies 1. 3. 5. TF 1 HIGH COURT DATED:03/07/2025 ORDER WP NO. 10193 OF 2024 5? andh^5^ o n jui mi Oj/I iS^ Current Section ^ DISPOSING OF THE W.P., WITHOUT COSTS