APHC010249462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .W FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13266 OF 2025 Between: Smt. C. Prameelamma, W/o Late Venkatachalam, Aged Kothacheruvu Village, Kothacheruvu Mandal, Sri Sathya Sai District, Andhra Pradesh about 66 years, R/o ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The Joint Collector, Sri Sathya Sai District, Pradesh. 3. The Revenue Divisional Officer, Puttaparthi Division District, Andhra Pradesh. 4. The Tahsildar (F A C), Puttaparthi Mandal Andhra Pradesh. Puttaparthi, Andhra Sri Sathya Sai Sri Sathya Sai District, ...Respondents Petition under Article 226 of the Constitution of India praying that in the the High Court may be circumstances stated in the affidavit filed therewith pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 3rd and 4th respondents in canceling the patta of the petitioner and treating Survey No. 298-3E extent 2.95 acres, in Kappalabanda Village as Government land, vide R.C.S. No. 120/2025 dated 11.04.2025, as illegal, arbitrary, and violative of principles of natural justice arid Direct the respondents to restore and maintain the patta in the name of , the petitioner in official revenue and Web land records. lA 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 to direct the 4th respondent not to take any coercive steps against the petitioner in the Survey No. 298-1, extent 3.26 acres situated at Kappalabanda Village, puttaparthi mandal, Sathya sai district pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATESH KOSARAJU Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 4 APHC010249462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13266/2025 Between; SMT. C. PRAMEELAMMA, W/0 LATE VENKATACHALAM, AGED ABOUT 66 YEARS, R/0 KOTHACHERUVU VILLAGE, KOTHACHERUVU MANDAL, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. SECRETARIAT, 2.THE JOINT COLLECTOR, SRI SATHYA SAI DISTRICT, PUTTAPARTHI, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, PUTTAPARTHI DIVISION, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH. 4.THE TPHSILDAR FAC, PUTTAPARTHI MANDAL, SRI SATHYA SAI DISTRICT, ANDHRA PRADESH. ...RESPONDENT{S): Counsel for the Petitioner; 1.VENKATESH KOSARAJU Counsel for the Respondent(S); 1.GP FOR REVENUE 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13266/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “...to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus declaring the action of the 3'^ and 4'' respondents in canceling the patta of the petitioner and treating Survey No.298-3E, extent Ac.2.95 cents, in Kappalabanda village as Government land, vide R.C.S.No.120/2025, dated 11.04.2025, as Illegal, arbitrary, and violative of principles of natural justice and Direct the respondents to restore and maintain the patta in the name of the petitioner in official revenue and webland records... ” 2. Heard learned counsel for the petitioner and the learned G.P for Revenue. 3. The learned counsel for the petitioner submits that the petitioner was granted the subject land, admeasuring to an extent of Ac.2.95 cents situated in Survey No. 298-E, Kappalabanda Village, Puttaparthi Mandal, Sri Sathya Sai District, by virtue of a D-Patta (D.A.R. Dis. No. 81/65) in the year 1965. Her name was duly recorded in the revenue records as the owner and possessor of the said land, and she was issued a Pattadar Passbook under IB No. 1647. While so, the 3’’^ respondent i.e.. Revenue Divisional Officer (RDO) initiated proceedings based on a complaint filed by the 5**^ respondent alleging wrongful issuance of the patta. Without conducting a proper enquiry, the 3rd respondent- RDO unilaterally concluded that the petitioner has no assignment rights, as reflected in Rc.No.32/2025/A, dated 29.03.2024, and recommended cancellation of the DKT patta. Hence the present Writ Petition. 3 On the other hand, learned Government Pleader for the respondents submits that as per Section 5(4) of the amended Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short ‘Act 26 of 1971’), the petitioner herein is available with an statutory alternative remedy of filing an Appeal before the competent authority for redressal of her grievance. As such, if the petitioner prefers an Appeal before the competent authority ventilating her grievance, the competent authority would consider the same and pass appropriate orders, in accordance with law, within a reasonable time. 4. For better understanding Section 5(4) of the amended Andhra Pradesh 5. Rights in Land and Pattadar Pass Books Act, 1971 (in short ‘Act 26 of 1971’) is extracted hereunder; “Any person aggrieved by any order passed under Sub Sections (1), 2(a) and the amendment of R.O.R under Sub Section (3), above may prefer an appeal before the District Revenue Officer within a period of thirty (30) days from the date of receipt of such order or amendment of R.O.R, the appellate authority shall dispose the appeal preferably not later than six months from the date of filing of such appeal. ” 6. ” 6. Having regard to the submissions made by the learned counsel for the petitioner 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 petitioner herein to prefer an Appeal before the competent authority/ Appellate authority i.e.. District Revenue Officer/ Revenue Divisional Officer, ventilating her grievance, as per Section 5(4) of Act 26 of 1971 and pursuant to the new amendment to Section 4 5(4) of the Act, within a period of four (4) weeks from the date of receipt of a copy of this order. On receipt of such Appeal, the respondent authorities are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, in accordance with law, within a period of four (04) months, thereafter. In the meanwhile, status-quo obtains an on today shall be maintained by both parties in respect of the subject property. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravati, Andhra Pradesh. The Joint Collector, Sri Sathya Sai District, Puttaparthi, Andhra Pradesh. The Revenue Divisional Officer, Puttaparthi Division, Sri Sathya Sai District, Andhra Pradesh. The Tahsildar FAC, Puttaparthi Mandal, Sri Sathya Sai District, Andhra Pradesh. One CC to Sri Venkatesh Kosaraju Advocate [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. TF HIGH COURT DATED:09/05/2025 ORDER WP NO. 13266 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS /,// "/' ■ H 0'