/ APHC010256172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 02? MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13444 OF 2025 Between: Sri Gummidala Hazarath Rao, S/o. Late Gummidala Ramakrishnayya, Aged about 62 years, R/o. Arlapadiya Village, Udayagiri Mandal, Sri Potti Sriramulu Nellore District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Its Principal Secretary, Revenue Department, Stamps & Registration, Andhra Pradesh Amaravathi 2. The Inspector General, Stamps and Registration, State of Andhra Pradesh At Vijayawada. 3. The District Collector, SPSR Nellore District. 4. The Tahsildhar, Udayagiri, SPSR Nellore District. 5. Sri Thallapaneni Subbareddy, S/o. Late Thallapaneni Adeyya, R/o. Door No. 83169/60/187, Indira Nagar-2, Borabanda, Hyderabad Telangana. Secretariat, - 500018, ...Respondents praying that in the Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature f of Writ of Mandamus to declare the action of the Respondents more particularly the action of the 4th Respondent in mutating the name of the Unofficial Respondents in the revenue records without issuing any notice to the Petitioners pertaining to the land admeasuring Ac. 0.73 cents of land in Survey No: 82-4, Arlapadiya Village, Udayagiri Mandal, Sri Potti Sriramulu Nellore District as illegal, arbitrary, without jurisdiction, malafide and in violation of the Rights in Land and Pattadar Pass Books Act, 1971 and principles of natural justice and consequently direct the 4th Respondent to cancel the Mutation Orders issued forthwith and conduct Inquiry as per Notice bearing RCB.36/2025 dated 20.02.2025 forthwith. 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 to direct the 5th Respondent to conduct Inquiry as per Notice bearing RCB.36/2025 dated 20.02.2025 pending disposal of the writ petition. Counsel for the Petitioner: M/S. AISHWARYA NAGULA Counsel for the Respondent Nos. 1, 3 & 4: GP FOR REVENUE Counsel for the Respondent No.2: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent No.5; — The Court made the following order: f APHC01<)256172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) iU [3329] MM MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13444/2025 Between: Gummidala Hazarath Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.AISHWARYANAGULA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: r 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:13444/2025 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 to declare the action of the Respondents more particularly the action of the 4'^ Respondent in mutating the name of the Unofficial Respondents In the revenue records without issuing any notice to the Petitioner pertaining to the land admeasuring Ac.0.73 cents of land in Survey No. 82-4, Arlapadiya Village, Udayagiri Mandal, Sri Potti Sriramulu Nellore District as illegal, arbitrary, without jurisdiction. malafide and in violation of the Rights in Land and Pattadar Pass Books Act, 1971 and principles of natural justice and conseguently direct the 4^^ Respondent to cancel the Mutation Orders issued forthwith and conduct Inquiry as per Notice bearing RCB.36/2025, dated 20.02.2025 forthwith and pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.73 cents in Sy.No.82-4, Arlapadiya village, Udayagiri Mandal, Sri Potti Sriramulu Nellore District (hereinafter referred to as ‘subject land’) having purchased the same by way of agreement dated 01.05.1974 by the 3 petitioner’s father. While so, respondent No.5 succeeded the land admeasuring to an extent of Ac.0.77 cents in the same Sy.No.82-4 of Arlapadiya Village. But the 5*^ respondent’s father fraudulently obtained pattadar pass books for the entire extent of land i.e., Ac.1.50 cents (0.73 + 0.77) in the web land Adangal, whereas Ac.0.73 cents belongs to the petitioner. For which, the petitioner herein filed a petition dated 07.04.2017 before the respondent No.3 objecting the recording of the entire land i.e., Ac.1.50 cents in Sy.No.82-4 in the name of 5*^ respondent’s father. Pursuant to the said petition, respondent No.4 issued a notice of inquiry directing both the parties to appear with relevant documents on 15.05.2017. However, respondent No.5 did not appear on the said date. Later, the petitioner herein submitted several representations to the respondent authorities requesting cancellation of pattadar pass book, which was fraudulently issued in favour of 5‘^ respondent’s father in respect entire extent of land i.e., Ac.1.50 cents. Pursuant to which, a final notice dated 15.02.2025 was issued by respondent No.4 directing respondent No.5 to appear with original documents, failing which, the said notice will be treated as final notice. But, respondent No.5 failed to appear on 15.02.2025. As such, on 20.02.2025 another inquiry notice was issued by respondent no.4 scheduling an inquiry on 27.02.2025 noting that the respondent No.5 failed to appear on 15.02.2025 despite notice was sent through post. Thereafter, further steps would be taken either to conduct enquiry and to cancel the pattadar pass book which was fraudulently issued in favour of father of respondent No.5, but, so far the respondent No.4 not f 4 completed the enquiry and not amended the revenue record. Aggrieved by the same, the petitioner herein filed the present writ petition. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 09.05.2025 issued by respondent No.4, wherein, the relevant portion of the said instructions is extracted hereunder; 4. “It is submitted that to know the facts the TahsHdar, Udayagiri issued a notice vide Rc.B. 229/2022, dated 28.11.2022, 09.01.2023, 25.01.2023, 25.03.2023, 13.08.2024, 27.01.2025, informing that to attend before the enguiry along with relevant documents to prove their right and title over the land. In response to the notice, the petitioner has unregistered document which containing no Sy.No. He has not submit the valid evidence to prove his right on the subject land right now. filed an It is submitted that, further action will be Initiated on the representation filed by the petitioner. Soon after issue of last notice strictly in accordance with law and provisions laid under AP Rights in Land and PPB Act, 1971 and amended thereon.” 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and perusal of the written instructions, this Court is of the considered view that the present writ petition can be disposed of directing the respondents to conduct enquiry and pass appropriate orders pursuant to the notice dated 20.02.2025, by considering the claim of the petitioner as well as respondent No.5 accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. on , in > 5 6. With the above direction, the writ 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. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Registration, Andhra Pradesh Secretariat, 2. The Inspector General, Stamps and Registration, State of Andhra Pradesh at Vijayawada. 3. The District Collector, SPSR Nellore District. 4. TheTahslldhar, Udayagiri, SPSR Nellore District. 5. One CC to M/s. Aishwarya Nagula, Advocate [OPUC] 6. TwoCCsto GP for Revenue, High Court of Andhra Pradesh 7. Two CCS to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] 8. Two CD Copies Revenue Department, Amaravathi [OUT] TF m HIGH COURT DATED:16/06/2025 ORDER WP NO. 13444 OF 2025 C5 O 21| SEP 2025 m o^ Current Section ^ ?3rT DISPOSING OF THE W.P., WITHOUT COSTS