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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURs6aY, the TWENTY FOURTH DAY OF APRIL i TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10498 OF 2025 Between: / Chintakunta Bayyapu Reddy, s/o C.Kullayi Reddy, R/o Bhadrampalli, Govindampalli Village, Bukkarayasamudram Mandal, Ananthapur District. ...PETITIONER AND The State of Andhra Pradesh, rep., by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Guntur District. The District Collector, Ananthapuram District, Ananthapuram. The Revenue Divisional Officer, Ananthapuram District, Ananthapuram. The Mandal Revenue Officer, Bukkarayasamudram Ananthapur District. The Village Revenue Officer, Govindampalli Village, Bukkarayasamudram Mandal, Ananthapur District. The Sub-Registrar (Rural), Duruvupeta, Ananthapur District. Sri B.Suryanarayana, s/o Pakkirappa, r/o Govindampalli, Bukkarayasamudram Mandal, Ananthapuram District. ;l. 3-
4.
5.
6. / .t ...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 Writ,
Order or Direction one in the nature of WRIT OF MANDAMUS i. declaring the action of the Respondents particularly the 4th Respondents in changing the revenue records pertaining to an agricultural land in an extent of Ac.2-00 cents in S.No. 128-3 Khata No. 1031 Bhadramplli N^Jage of Govindampalli, Bukkarayasamudram Mandal, Ananthapur District by the 4,th Respondent in favour of the 7th Respondent as illegal, arbitrary, bad 1dw, without jurisdiction, violative of principles of natural justice and contrary to the well established principles of law and contrary to Art. 14, 21 and 300-A of the Constitution of India and by setting the said the same, ii. direct the Respondents to restore the name of the petitioner as pattadar for the agricultural land in an extent of Ac.2-00 cents in S.No.128-3 Khata No.1031 of Bhadramplli Village, Govindampalli, Bukkarayasamudram Mandal, Ananthapur District iii. direct the 6th Respondent not to register any document presented by the 7th Respondent for executing registered sale deed in favour of third parties in respect of agricultural land in extent of Ac.2-00 cents in S.No. 128-3 Khata No. 1031 of Bhadramplli Village, Govindampalli, Bukkarayasamud Mandal, Ananthapur District and iv. direct the Respondents not to interfere with peaceful possession and enjoyment of the agricultural land in extent of Ac.2-00 cents in S.No. 128-3 Khata No. 1031 of Bhadramplli Village, Govindampalli. Bukkarayasamudram Mandal, Ananthapur District of the Petitioner. in r ram lA NO: 1 OF 2025 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 direct the Respondents not to interfere with peaceful possession and enjoyment of the agricultural land in extent of Ac.2-00 cents in S.No. 128-3 Khata No. 1031 of Bhadramplli Village, Govindampalli, Bukkarayasamudram
MandaJ, Ananthapur District of the Petitioner pending disposal of the writ petition including changing of revenue records of the above land.
Counsel for the PetitionenSRI APPA RAO NALLA Counsel for the Respondents No.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.7: — The Court made the following: ORDER
r APHC010204212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^:0 0M [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10498/2025 Between: Chintakunta Bayyapu Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.APPA RAO NALLA Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following:
t THE HON’BLE SRI JUSTICE VENKATESWARLU NI MMAGADD A WRIT PETITION NO: 10498/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 4’^ respondents in changing the revenue records pertaining to an agricultural land in an extent of Ac.2.00 cents in S.No.128-3 Khata No.1031 Bhadramplli Village, Govindampalll, Bukkarayasamudram Mandal, Ananthapur District by the 4^^ respondent in favour of the respondent as illegal, arbitrary, bad in law, without jurisdiction, violative of principles of natural justice and contrary to the well established principles of law and contrary to Art 14, 21 and 300-A of the Constitution of India and by setting the said the same; (ii) direct the respondents to restore the name of the petitioner as pattadar for the agricultural land in an extent of Ac.2.00 cents in S.No.128-3 Khata No. 1031 Bhadramplli Village, Govindampalll, Bukkarayasamudram Mandal, Ananthapur District; (Hi) direct the 6^^ respondent not to register any document presented by the respondent for executing registered sale deed in favour of third parties in respect of agricultural land in extent of Ac.2.00 cents In S.No. 128-3 Khata No. 1031 of Bhadramplli Village, Govindampalll, Bukkarayasamudram Mandal, Ananthapur District and (iv) direct the respondents not to interfere with peaceful possession and enjoyment of the agricultural land In extent of Ac. 2.00 cents in S.No. 128-3 Govindampalll, Bukkarayasamudram Mandal, Ananthapur District of the petitioner and pass such other order. ”
2. Heard the
learned counsel for the petitioner and the Khata No. 1031 Bhadramplli Village, learned Government Pleader for the respondents.
3.
Learned counsel for the petitioner submits that the the absolute owner and possessor of the land petitioner is admeasuring to an extent of Ac.2.00 cents in S.No. 128-3, Khata
3 No. 1031, Bhadramplli Village, Govindampalii, Bukkarayasamudram Mandal, Ananthapur District. The petitioner was issued pattadar passbook in the year
2006. Without issuing any notice to the petitioner and without following due process of law and without observing the principles of natural justice, the subject land was transferred by way of issuing patta in favour of 7*^ respondent. 4. On the other hand, learned Government Pleader furnished the written instructions, wherein it is stated as follows:
“As seen from the water tax receipts which are produced by the writ petitioner, we observed and noticed that, the receipt numbers in Fasti 1408 for 150/- dated 8-9-2000 and Fasti 1411 for 180/- dated 18-10- 2002 and receipt No.B0338702 is not vatid (as seen from the affidavit page No. 83 and page No. 85, the receipt NO.B0338702) On enquiry as produced the assignment fite, adangais, water tax receipts, PPB by the writ petitioner is fake one. His case is not a genuine one."
5. Learned Government Pleader for the respondents further submits that the documents which are relied by the petitioner are not genuine. The petitioner is not entitled for any relief as prayed in the Writ Petition. The allegation of the petitioner that the 4'^ respondent th cancelled the patta of the petitioner and granted the same to the 7 respondent, the same can be challenged by way of statutory appeal before the 3'^'^ respondent. But, the petitioner submitted a representation to the 3'^'^ respondent instead of filing a statutory
appeal under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act No, 26 of 1971). If the petitioner files a statutory appeal as per the provisions of Act 26 of 1971, the 3'" respondent will consider the same and pass appropriate orders in accordance with law. 6.
Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court deem it appropriate to dispose of the Writ Petition directing the petitioner to file a statutory appeal under Section 5(4) of Act, 1971 within a period of three(3) weeks from the date of receipt of copy of this Order. After receipt of the same, the respondent is directed to consider the same and pass appropriate orders, after providing opportunity of hearing to the parties concerned, within a period of three(3) months thereafter. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A. ViJAYA BABU ASSISTANT REGIS i RAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Department of Revenue, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Ananthapuram District, Ananthapuram. 3. The Revenue Divisional Officer, Ananthapuram District, Ananthapuram. 4. The Mandal Revenue Officer, Bukkarayasamudram Ananthapur District. 5. The Village Revenue Officer, Govindampalli Village, Bukkarayasamudram Mandal, Ananthapur District. 6. The Sub-Registrar (Rural), Duruvupeta, Ananthapur District. 7. Sri B.Suryanarayana, s/o Pakkirappa, r/o Govindampalli, Bukkarayasamudram Mandal, Ananthapuram District.. 8. One CC to SRI. APPA RAO NALLA Advocate [OPUC] p. Two CGs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
10. Two CCS to GP FOR STAMPS AND REGISTRATION, High Court of Andhra Pradesh. [OUT]
11. Three C.D.Copies nm
f HIGH COURT DATED:24/04/2025
ORDER WP.No.10498 of 2025 5^ 2 5 APR 2025 g s^urrem Section .
\ ‘TS. % DISPOSING OF THE WP WITHOUT COSTS