M IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12959 OF 2025 Between: 1. B. Rathna, D/o. Late. P.M. Govindappa, Aged about 63 years, Occ Housewife, R/o.D.No.6-2-20, Ward No.24, HindupurMuncipality, Sri Sathya Sai District 2. R.Sandhya, D/o. Late.P.M.Govindappa Aged about 58 years, Occ Housewife, R/o.D.No.6-2-20, Ward No.24, HindupurMuncipality, Sri Sathya Sai District 3. M.Sunitha, D/o. Late.P.M.Govindappa Aged about 56 years, Occ Housewife, R/o.D.No.6-2-20, Ward No.24, HindupurMuncipality, Sri Sathya Sai District 4. V.Jyothi, D/o. Late.P.M.Govindappa Aged about 54 years, Occ Housewife, R/o.D.No.6-2-20, Ward No.24, HindupurMuncipality, Sri Sathya Sai District 5. J.Geetha, W, D/o. Late.P.M.Govindappa Aged about 52 years, Occ Housewife, R/o.D.No.6-2-20, Ward No.24, HindupurMuncipality, Sri Sathya Sai District 6. P.G.Balaji, S/o. Late.P.M.Govindappa Aged about 49 years, Occ Housewife, R/o.D.No.6-2-20, Ward No.24, HindupurMuncipality, Sri Sathya Sai District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati. 2. The District Collector, Sri Sathya Sai District, Puttaparthy. 3. The Revenue Divisional Officer, Penukonda Revenue Division Penukonda. Vi, ' 4. The Tahsildhar, LepakshiMandal, Lepakshi. 5, M.Lilavathi, W/o. M.Baskhar, Aged about 52 years, Occ House Wife, R/0.D/N0.675/B, Dhanalakhsmi Road, Shankarappa Street, Hindupur Town and Mandal, Sri Sathya Sai District. 6. M.Baskhar, S/o. Muniyappa Aged about 56 years, Occ Business ' R/0.D/N0.675/B, Dhanalakhsmi Road, Shankarappa Street, Hindupur Town and Mandal, Sri Sathya Sai 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 be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents No.1 to 4 in cancelling the fraudulent revenue entries made in favour of the respondent No.5 herein for the land in an extent of Ac.4.80 cent in Sy.No.44-3 of Pulamathi Village, Lepakshi Mandal, Sri Satya Sai District, eventhough it has been categorically held that the respondents No.5 and 6 are not at all concerned with the subject land, as arbitrary, illegal, colourable exercise of power, apart from contrary to the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Andhra Pradesh Assigned (Prohibition of Transfer) Lands Act, 1977 and violative of the Fundamental and Constitutional Rights guaranteed to us upder Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently delete the revenue entries made in favour of the respondent No.5 herein for the land in an extent of Ac.4.80 cent in Sy.No.44-3 of Pulamathi Village, Lepakshi Mandal, Sri Satya Sai District and also direct the respondent No.4 to conduct the enquiry afresh under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 for mutation of revenue records, in order to mutate the same in our favour. may 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 respondent No.2 to 4 to place the land in an extent of Ac.4.80 cent in Sy.No.44-3 of Pulamathi Village, Lepakshi Mandal, Sri Satya Sai District in the disputed properties list and block the online entries in favour of the respondent No.5 for the subject land, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 & 6:— The Court made the following: ORDER 1 APHC010257132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12959/2025 Between: ...PETITIONER(S) B Rathna and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S); 1.B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S); 1.GP FOR REVENUE Er 2 w THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12959/2025 The Court made the following Order: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “... pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents No I to 4 in cancelling the fraudulent revenue entries made in favour of the respondent No. 5 herein for the land in an extent of Ac 4.80 cent in Sy No 44-3 of Pulamathi Village Lepakshi Mandal Sri Satya Sai District even though it has been categorically held that the respondents No 5 and 6 are not at all concerned with the subject land as arbitrary illegal colourable exercise of power apart from contrary to the Andhra Pradesh Rights in Land and Pattadar Passbooks Act 1971 and Andhra Pradesh Assigned Prohibition of Transfer Lands Act 1977 and violative of the Fundamental and Constitutional Rights guaranteed to us under Articles 14 19 21 and 300A of the Constitution of India and consequently delete the revenue entries made in favour of the respondent No 5 herein for the land in an extent of Ac 4.80 cent in Sy.No. 44-3 of Pulamathi Village Lepakshi Mandal Sri Satya Sai District and also direct the respondent No 4 to conduct the enquiry afresh under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act 1971 for mutation of revenue records in order to mutate the same in our favour and pass.... ” Heard learned counsel for the petitioner and learned 2. Assistant Government Pleader for Revenue. 3. The case of the petitioners is that they are the legal heirs of the original assignee of the subject land and they are entitled to reassignment of the said land, which was resumed by the Government pursuant to the resumption order passed by the Tahsildar, Lepakshi vide Rc.No.68/2020/A dated 02.09.2020. It is their grievance that despite the resumption, revenue authorities mutated the name of the unofficial respondent No.5 in the revenue records. 4. On the other hand, learned Assistant Government Pleader submits the written instructions passed by the 4*^ respondent dated 08.05.2025, wherein it is stated that the then Tahsildar, Lepakshi has received a complaint from the writ petitioner No.06 i.e., P.G.Balaji, S/o Late P.M.Muniyappa with a request to restore the lands to Assignees/Legal heirs as per Andhra Pradesh Assigned lands Act 9/77. The then Tahsildar Lepakshi has issued Form-1 and Form-ll notices to both parties, conducted an enquiry and passed orders vide Tahsildar Lepakshi Rc.No.68/2020/A dated 02.09.2020 and resumed the land to Government under Section 4(1 )(a) of the A.P. Assigned lands (POT) Act, 1977 and Sec 3(2A) of the AP Assigned lands (POT) Amendment Act 2019 Act No. 11 of 2019 dated; 18.02.2019. 4 Further the Respondent No.5 Smt.Leelavathi w/o M.Bhaskar has filed Assignment Appeal before the Revenue 3'^^ respondent vide Divisional Officer, Penukonda, i.e. R.C.No.2047/2020 against the Resumption orders passed by the Tahsildar, Lepakshi in Rc.No.68/2020/A dated;02.09.2020. Notice has given by 3'"'^ respondent vide Rc.No.2047/2020 to both parties for hearing. The same is pending under enquiry stage. The land Sy.No.44-3 to an extent of Acres 4.80 cents of Pulamathi village is also entered in Online Dispute Register on 24.03.2022. No online 1-B and Adangal has released to Respondent No.05 through Meeseva/Grama ward Sachivalayam services. in Having considered the submissions of both parties and perused the material available on record, this Court is of the view that the subject matter of the writ petition is already under adjudication before the 3'"^ respondent authority in the statutory appeal preferred by Respondent No.5. In that view of the matter, this Court is not inclined to the merits of the case and deems it 5. 6. express any opinion on appropriate to direct the petitioners to approach the 3 respondent/Appellate Authority by submitting appropriate 5 application and supporting documents to substantiate their claim and seek appropriate relief. Accordingly, the Writ Petition is disposed of by passing the following directions: The petitioners are at liberty to file an appropriate application along with relevant documents before the 3'^^ respondent — Revenue Divisional Officer, Penukonda, in the pending appeal proceedings in Rc.No.2047/2020. Upon such submission, the 3'"' respondent shall consider the petitioners’ representation in accordance with law and after affording due opportunity of hearing to concerned parties, pass a reasoned order expeditiously, preferably within a period of three months from the date of receipt of copy of this order. There shall be no order as to costs. all As a sequel thereto, miscellaneous petitions pending if any, shall stands closed. Sd/- J. SAROJA assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati. 2. The District Collector, Sri Sathya Sai District, Puttaparthy. I 3. The Revenue Divisional Officer, Penukonda Revenue Division, Penukonda. 4. The Tahsildhar, Lepakshi Mandal, Lepakshi. 5. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb j- HIGH COURT DATED:08/05/2025 ORDER WP.No.12959 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS