APHC010297012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14927/2025 Between: 1. SMT RUPPA RAMA, W/O RUPPA SRINIVASA RAO , AGED MAJOR, JOIMALAPADU (V) GARA MANDAL, SRIKAKULAM DISTRICT. 2. SMT RUPPA RAJULU, W/O APPALA SURYANARAYANA AGED 38 YRS , PLOT NO.42, SY NO.273- 17 LINGALAVALASA VILLAGE, AMPOULU , PANCHAYAT GARA MANDAL SRIKAKULAM DISTRICT. 3. SMT RUPA JAYA LAXMI, W/O RAMANA, AGED 52 YRS , PLOT NO.47, SY NO.272-22 LINGALAVALASA VILLAGE, AMPOULU , PANCHAYAT GARA MANDAL SRIKAKULAM DISTRICT. 4. SMT SIMMA LAXMI, W/O ADINARAYANA AGED MAJOR , PLOT NO.44, SY NO.273-20 LINGALAVALASA VILLAGE, AMPOULU , PANCHAYAT GARA MANDAL SRIKAKULAM DISTRICT. 5. SMT SIMMA ANNAPURNA, W/O KESAVA RAO, AGED MAJOR, PLOT NO.43 SY NO.273/19 LINGALAVALASA VILLAGE, /VMPOULU , PANCHAYAT GARA MANDAL SRIKAKULAM DISTRICT. 6. SMT POTNURU ROJA RANI, W/O GANESH AGED MAJOR, PLOT NO.48 SY NO.272/23 LINGALAVALASA VILLAGE, AMPOULU , PANCHAYAT GARA MANDAL SRIKAKULAM DISTRICT. 7. SMT PATTI LAXMI, W/O SURESH AGED MAJOR, PLOT NO.46 , S.NO.272/21 LINGALAVALASA VILLAGE, AMPOULU , PANCHAYAT GARA MANDAL SRIKAKULAM DISTRICT. 2 8. SMT VELAMALA DHANALAXMI, W/O VIJAY KUMAR, AGED MAJOR, PLOT NO.45, SY NO.272-16 LINGALAVALASA VILLAGE, AMPOULU , PANCHAYAT GARA MANDAL SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY (REVENUE) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, SRIKAKULAM. 3. THE REVENUE DIVISIONAL OFFICER, R.D.O., OFFICE, SRIKAKULAM. 4. THE MANDAL REVENUE OFFICER, M.R.O.,OFFICE, GARA MANDAL, SRIKAKULAM DISTRICT. 5. POLAKI NALINI, W/O SRINIVASA RAO, AGED MAJOR, H.NO.28-4-20, SANTHI NAGAR -02 ELURU MANDAL, ELURU DISTRICT ...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 toMay be Pleased to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents trying to Cancel the Pattas in the name of Petitioners vide Patta o.HSAF2p31130038054 / HSAF 23112005189 , basing on the false complaint given by the Un-offiical respondent due to political rivalary even though the said Pattas are issued in the names of Petitioners by the 4th Respondent all are Illegal, Unlawful, Violation of Procedure as required under the law. Violation of Article 14,19,21,300-A- of the Constitution of India Consequently, to direct the respondents not to take any Coercive Steps as against the Petitioners Patta Lands without following the procedrue as required under the law in the interest of the justice, and to pass IA NO: 1 OF 2025 3 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 May be Pleased to direct the respondents not to take any Coercive Steps including cancellation of Pattas which are in the name of the Petitioners without following the procedure pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14927/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..May be Pleased to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents trying to Cancel the Pattas in the name of Petitioners vide Patta No.HSAF231130038054 / HSAF 23112005189, basing on the false complaint given by the Un-offiical respondent due to political rivalary even though the said Pattas are issued in the names of Petitioners by the 4th Respondent all are Illegal, Unlawful, Violation of Procedure as required under the law, Violation of Article 14, 19, 21, 300-A of the Constitution of India Consequently, to direct the respondents not to take any Coercive Steps as against the Petitioners Patta Lands without following the procedrue as required under the law in the interest of the justice, and to pass…..” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of house plots admeasuring to an extent of plot No.41 in Sy.No.273-18, plot No.42 in Sy.No.273-17, plot No.47 in Sy.No.273-22, plot No.44 in Sy.No.273-20, plot No.43 in Sy.No.273-19, plot N0.48 in Sy.No.273-23, plot No.46 in Sy.No.273-21 and plot No.45 in Sy.No.273-16 of Longalavalasa Village, Ampolu Panchayat, Gara Mandal, 5 Srikakulam District respectively and their names were also mutated in the revenue records accordingly. The subject lands were allotted to the petitioners by the Government under the PMAY-YSR Scheme. Despite this, based on a false complaint lodged by the 5th respondent, the respondent Nos.2 and 4 are trying to cancel the pattas granted in favour of the petitioners, without adhering to due process of law. Hence, the Writ Petition. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions vide Rc.No.267/2025 A, dated 21.06.2025, wherein, the relevant portion is usefully extracted hereunder: “01.It is submitted that the unofficial Respondent No.5 filed a grievance complaint through PGRS on the file of the District Collector, Srikakulam covered under PGRS No.SKL20250530456 on 30/05/2025, stating that the Writ Petitioners No.1 to 8 are not eligible candidates to issue house site pattas in Lingalavalasa village, H/o.Ampolu, Gara Mandal, Srikakulam District, under PMAY – YSR – Scheme, as such requested to conduct necessary enquiry. 02.It is submitted that basing on the aforesaid complaint, ground level enquiry is conducted and further enquiry is pending. That the department will proceed further by applying due process of law. That the Writ Petitioners out of apprehension, filed the Writ Petition, without initiating any steps for cancellation of the given pattas.” 5. Learned Assistant Government Pleader submits that the respondents will follow due process of law as contemplated under the Provisions of The 6 Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short, “the Act”), if they intend to cancel their pattadar passbooks, if already held by them in respect of the subject properties. 6. Having regard to the submissions of the learned counsel for the petitioners, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents not to initiate any coercive steps for cancellation of pattadar passbooks, if already issued to the petitioners without following due process of law, as envisaged under the provision of the Act,1971. 7. In the result, 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 23.06.2025 SCH 7 273 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.14927 of 2025 23.06.2025 SCH