V 'APHC010269122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 15711 OF 909^ B NIMMAGADDA Between: Mr Patapanchala Kistaiah, S/o.P. China Kondaiah, aged 62 years, R/o Cheepinaapi Village, Kaluvoya Mandal, SPSR Nellore District ...Petitioner AND 1. The Stete of Andhra Pradesh, Rep. by its Principal Secretary, apartment of Revenue, Secretariat Buildings, Velagapudi Amaravathi Guntur District. 2. The District Collector, SPSR Nellore District, 3. The Revenue Divisional Officer, Nellore. Atmakur, SPSR Nellore District. 4. The Tahsildar, Kaluvoya Mandal, ‘ 5. The Mandal Surveyor, Kaluvoy Mandal 6. Mr Shaik Karimulla, S/o. SPSR Nellore District. - SPSR Nellore District China Mastan, Aged about 50 Business, R/o. Cheepinaapi Village, Kaluvoya District - 524 343. years, Occ Mandal SPSR Nellore ...Respondents Petition under Article 226 of the Constitution of India is filed praying that n the crcumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order nature Writ of Mandamus may more particularly one in the on the part of the 4th or Direction, declaring the inaction respondent herein submitted by the petitioner for in considering the Representation dated 16-04-2025, / rectification of the wrong entry in all the Title Deed, 1-B Register, Pattadar Adangal / Pahanies. in respect of Ac.3-00 cents in Sy.No.379 by confining the agricultural lands to revenue records including the Pattadar Passbooks extent of Ac. 1-00 cents in Sy.No.379 of Cheepinaapi Village, Kaluvoya Mandal In favour of Shaik Karimulla, the 6th respondent herein, as illegal, arbitrary and violative of Articles of the Constitution of India 14 and 300-A consequently direct the 4th respondent herein to pass appropriate orders on the consider and 16-04-2025, submitted by the petitioner expeditiously. lA NO: 1 OF 2n7j> Representation dated Petition under Section 151 CPC is filed praying fhat in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent herein to consider and pass appropriate orders on the Representation dated 16-04-2025, expeditiously, pending disposal of the main Writ Petition. submitted by the petitioner Counsel for the Petitioner: SRI VENKATA Counsel for the Respondent Nos. 1 Counsel for the Respondent No.6: — The Court made the following order: RAO BURLA to 5: GP FOR REVENUE APHC010269122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15711/2025 Between: 1.PATAPANCHALA KISTAIAH, S/O.P. CHINA KONDAIAH, AGED 62 YEARS, R/0. CHEEPINAAPI VILLAGE, KALUVOYA MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKUR, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, KALUVOYA MANDAL, SPSR NELLORE DISTRICT. 5.THE MANDAL SURVEYOR, KALUVOY MANDAL, SPSR NELLORE DISTRICT 6.MR SHAIK KARIMULLA, , S/0. CHINA MASTAN, AGED ABOUT 50 YEARS, OCC BUSINESS, R/O. CHEEPINAAPI VILLAGE, KALUVOYA MANDAL SPSR NELLORE DISTRICT - 524 343. ...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 topleased to issue a Writ, Order or Direction, more particularly one in V the nature Writ of Mandamus declaring the inaction on the part of the 4th respondent herein in considering the Representation dated 16- 04-2025 submitted by the petitioner for rectification revenue records including the Pattadar Passbooks. Title Deed, 1-B Register Pattadar Adangal / Pahanies. in respect of Ac.3-00 cents in Sy.No 379 by confining the agricultural lands.to extent of Ac. 1-00 cents in Sy.No.379 of Cheepinaapi Village, Kaluvoya Mandal in favour of Shaik Karimulla, the 6th respondent herein, as illegal, arbitrary and violative of Articles of the Constitution of India of the wrong entry in all the A 14 and 300-A consequently direct the 4th respondent herein to consider and pass appropriate orders on the Representation dated 16-04- 2025, submitted by the petitioner expeditiousiy, and pass lA NO: 1 OF 2()7R 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 direct the 4th respondent herein to consider and pass appropriate orders on the Representation dated 16-04-2025, submitted by the petitioner expeditiously, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner; 1 - VENKATA RAO BURLA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; ■J 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15711/2025 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 inaction on the part of the 4^ respondent herein in considering the Representation dated 16.04.2025, submitted by the petitioner for rectification of the wrong entry in all the revenue records including the Pattadar Passbooks, Title Deed, 1-B Register, Pattadar Adangal / Pahanies, in respect of Ac.3-00 cents in Sy.No.379 by confining the agricultural lands to Cheepinaapi Village, Kaluvoya Mandal in favour of Shaik Karimulla, the 6th respondent herein, as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the 4^ respondent to consider and pass appropriate orders on the Representation dated 16.04.2025, submitted by the petitioner expeditiously and pass such other order. ’’ 2. Heard learned counsel for the petitioner and learned extent of Ac. 1.00 cents in Sy.No.379 of herein Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner has been in peaceful possession and enjoyment of the subject property admeasuring to an extent of Ac. 1.16 cents in Sy.No.379/1, Cheepinaapi Village, Kaluvoy mandal, SPSR Nellore District, having purchased the same through a possessory agreement of sale dated 05.06.2010. While so, the 6*^ respondent asked the petitioner to sell the subject property in his favor. But the petitioner refused for the same. Originally the 6*^ respondent is claiming to be the owner of the agricultural lands to an extent of Ac.1.00 cents in Sy,No.379 under Khatha N0.45 out of Ac.8.16 cents situated at Cheepinaapi Village, Kaluvoya Mandal, SPSR Nellore District. But by playing fraud his name in the the 6'^ respondent got mutated revenue record in respect of the land admeasuring to an extent of Ac.3.00 cents iin Sy.No.379/1. The petitioner filed a representation dated 16.04.2025 before the 4'^ 4 respondent did not considered the respondent. But the same. 4. Learned counsel for the petitioner also filed a memo along Though the petitioner made with the survey report dated 29.05.2025. several allegations against the respondents, learned counsel for the without touching the merits of respondents to dispose of the petitioner. Pleader for the petitioner requested this Court, case, to issue a direction to the the representation dated 16.04.2025 filed by the 5. Learned Government furnished written instructions respondents dated 27.06.2025 issued by the 4 respondent, wherein it is stated as follows; “It is submitted that, extent of Ac. 1.16 cents i the writ petitioner purchased m Sy.No.379 through agreement ' Sankala Ramanaiah S/o. an of sale dated 05.06.2010 from Late Penchalaiah. The name of Shaik Karimulla entered in village records as a pattadar and enjoyer to an extent of Ac. 2.00 cents sy.No.379 with Khata in No. 45 since long time, was registered as register purchase. In remarks columns It \ Sri Shaik Karimulla (6 petitioner before respondent herein) filed the Station House a case 5 Officer, Kaluvoya PS, the same registered as FIR No. 16/2025 dated 02.03.2025 and it investigation. /As per Sec. 8(2) of the A.P. Rights in Land and PPB Act, 1971 and Rules, 1989 amended thereon, when there is a dispute in patta lands with regard to right and title the land, it has to be decided by the competent civil court only. ” 6. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions of the learned Government Pleader and in view of the survey report dated 29.05.2025, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to consider the representation dated 16.04.2025 and pass appropriate orders, after providing opportunity of hearing to the parties concerned in accordance with law, within a period of two(2) months from the date of receipt of copy of this Order. is pending over 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/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Atmakur, SPSR Nellore District. 4. The Tahsildar, Kaluvoya Mandal, SPSR Nellore District. 5. The Mandal Surveyor, Kaluvoy Mandal, SPSR Nellore District 6. One CC to Sri Venkata Rao Burla, Advocate fOPUC] 7. TwoCCsto GP for Revenue, High Court of Andhra Pradesh 8. Two CD Copies [OUT] TF HIGH COURT DATED:07/07/2025 ORDER WPNO. 15711 OF 2025 s( 0 9 SEP 2025 I «=>» ml Co/ DISPOSING OF THE W.P., WITHOUT COSTS