APHC010283372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14276/2025 Between: Bada Ravindra Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:14276/2025 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 mandamus declaring the action of the 4th respondent in issuing the impugned notice vide Rc.No.145/2023/A dt.26.04.2025 to the petitioners for cancellation of pattadar passbooks in respect of the lands being an extent of Ac.1.56 cents in Sy.No.856-1, Ac.0.07 cents in Sy.No.856-3 (belongs to 1st petitioner), Ac.1.56 cents in Sy.No.856-1, Ac.0.07 in Sy.No.856-3 (belongs to 2nd petitioner) and Ac.1.56 cents in Sy.No.856-1A and Ac.0.07 cents in Sy.No.856-3A (belongs to 3rd petitioner) situated at KummarawandlaPalle Panchayat Area, Khadiri Rural Revenue Village and Mandal, Sri Satya Sai District as illegal, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India without jurisdiction and contrary to the provisions of AP Rights in Land and Pattadar Pass books Act, 1971 and consequently set aside the above said impugned notice and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners herein submits that the petitioner No.1 herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.56 cents in Sy.No.856-1, Ac.0.07 cents in Sy.No.856-3, 3 petitioner No.2 herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.56 cents in Sy.No.856-1, Ac.0.07 cents in Sy.No.856-3 and petitioner No.3 herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.56 cents in Sy.No.856-1A, Ac.0.07 cents in Sy.No.856-3A respectively situated at Kummarawandlapalle Panchayat Area, Khairi Rural Revenue Village and Mandal, Sri Satya Sai District, having acquired the same through registered sale deeds dated 19.07.2007. Since then, the petitioners herein have been in peaceful possession and enjoyment of their respective properties. While so, the unofficial respondent/ respondent No.5, who is claiming to be a legal heir of Sri. S. Rehmatulla submitted an application to respondent No.4 herein seeking amendment of revenue entries in respect of the land in an extent of Ac.4.67 cents in Sy.No.856 of the subject village by claiming that the subject land was acquired by her husband i.e., S.Rehmatulla through a registered sale deed. After death of her husband, inadvertently, the said land was mutated in favour of petitioners herein. Pursuant to the said complaint/ application, respondent No.4 issued an impugned notice dated 26.04.2025 to the petitioners requesting them to submit documents proving their title and possession over the subject properties. Learned counsel for the petitioners submits that respondent No.4 issued pattadar pass book and 1B adangal and other revenue records in favor of the petitioners basing upon the registered sale deed through which the petitioners acquired the properties. Having issued revenue records, basing upon mere complaint made by the unofficial 4 respondent the Tahsildar cannot interfere with the peaceful possession and enjoyment of the property of the petitioners by issuing impugned notice on the guise of enquiry. Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents submits that it is only notice of enquiry pursuant to the complaint/ application submitted by the respondent No.5. He further submits that since the complainant claiming her rights in respect of the subject land through a registered sale deed said to have been acquired by her husband in the year 1990. After enquiry, the respondents authorities will proceed further in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record, it appears that the notice dated 26.04.2025 was issued only to ascertain the facts and real owners of the subject land basing upon the documents to be submitted by the petitioners as well as the unofficial respondent. Therefore, issuance of impugned notice by respondent No.4 is neither beyond the jurisdiction nor infringing any rights of the petitioners herein. 6. Therefore, the petitioners herein are directed to submit a detailed explanation along with all the documents to prove their title basing upon which the petitioners are claiming rights over the subject property, within a period of three (03) weeks from the date of receipt of a copy of this order. Upon such 5 submission, respondent No.4 shall proceed further by observing principles of natural justice and by hearing to the petitioners as well as other stake holders, if any, including unofficial respondent and pass appropriate orders, in accordance with law, within a period of six (06) weeks, thereafter. In the meanwhile, the respondents are restrained from initiating any coercive steps against the petitioners. 7. With the above directions, 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. _________________________________ VENKATESWARLU NIMMAGADDA, J 17.06.2025 BSP 6 03 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.14276 of 2025 17.06.2025 BSP