APHC010308272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15696 OF 2025 Between: E Savithramma, W/o Eswaraiah, Aged about 56 years, R/o D. No. 1-2, Hampapuramu Village, Rapthadu Village and Mandal Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati District. 2. The Joint Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur Division, Anantapur District. 4. The Tahsildar, Rapthadu Mandal, Anantapur District. 5. Sri B Chinna Krishna, S/o Narayanaswamy, Aged unknown Rapthadu Village and Mandal, Anantapur District. Guntur R/o ...Respondents 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 to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus by declaring the action of the 3rd respondents specifically, the respondent in cancelling the assignment of the petitioner and also further directed the 4th respondent to delete the entries made in favour more of the petitioner by way of proceedings vide Rc. No. D2(B)/1719/2024 dated 28.05.2025, as illegal, arbitrary, and violative of the fundamental guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, Consequently, set aside 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 suspend the operation the proceedings issued by the 3rd respondent vide Rc. No. D2(B)/1719/2024 dated: 28.05.2025. Counsel for the Petitioner: SRI K SRINIVAS Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: — The Court made the following order: rights same. APHC0103'08272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] h FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15696/2025 Between: 1. E SAVITHRAMMA, W/O ESWARAIAH, AGED ABOUT 56 YEARS, R/0 D. NO. 1-2, HAMPAPURAMU VILLAGE, RAPTHADU VILLAGE AND MANDAL ANANTAPUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI GURITUR DISTRICT. 2.THE JOINT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ANANTAPUR DIVISION ANANTAPUR DISTRICT. 4.THE TAHSILDAR, RAPTHADU MANDAL, ANANTAPUR DISTRICT. 5. SRI B CHINNA KRISHNA, , S/0 NARAYANASWAMY, AGED UNKNOWN, R/O RAPTHADU VILLAGE AND MANDAL, ANANTAPUR 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 topleased to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus by declaring the action of theSrd respondents more specifically, the respondent in cancelling the assignment of the p ■! petitioner and also further directed the 4th respondent to delete the entries made in favour of the petitioner by \A/ay of proceedings vide Rc. No. D2(B)/1719/2024 dated 28.05.2025, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act,1971. Consequently, set aside same, and, pass 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 pleased to suspend the operation the proceedings issued by the 3rd respondent vide Rc. No. D2(B)/1719/2024 dated: 28.05.2025, and grant such other relief as may be deemed fit and proper under the circumstances of the case. Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15696 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- pleased to Issue a Writ Order or Direction particularly in the nature of a Writ of Mandamus by declaring the action of the 3^^ respondents more specifically the respondent in cancelling the assignment of the petitioner and also further directed the 4^^ respondent to delete the entries made in favour of the petitioner by way of proceedings vide Rc.No D2B/1719/2024 dated 28.05.2025 as illegal, arbitrary and violative of the fundamental rights guaranteed under Articles 14, 19 and 300-A of the Constitution of India and contrary to the express provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act 1971 Consequently set aside same and pass...” more 2. The claim of the petitioner is that the she is the lawful assignee of the land situated in Sy.No.393-1B measuring an extent of Ac.3.30 cents located at Hampapuram Village, Rapthadu Mandal, Ananthapur District and she is in possession and enjoyment of the said land without any interference from anybody. While the things stood thus, the petitioner came to know that a D-form patta in respect of subject land was granted in favour of the unofficial respondent herein. Hence, she preferred an appeal before the 3"'^ respondent seeking cancellation of the D-form patta issued to the unofficial respondent. Thereafter, the 3'"' respondent entertained the appeal and issued notices to all the concerned parties and also 4 obtained a report from the 4’^ respondent on 15.10.2024. Based on the said report, the 3'”^ respondent rejected the assignment granted in favour of the petitioner and also directed the 4*^ respondent to delete the entries made in favour of the petitioner in respect of the subject land. Hence, the present Writ Petition is filed. 3. On the other hand, the learned Assistant Government Pleader for Revenue submits that against the appeal order passed by the 3^^ respondent, dated 28.05.2025, the petitioner may file appropriate Revision application/petition before the Collector under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1977 (for short ‘the Act’). But, without availing the alternative remedy available to the petitioner, she has filed the present Writ Petition which is illegal and arbitrary. Hence, the learned Assistant Government Pleader submits that a direction may be issued to the petitioner to avail alternative remedy as contemplated under Section 9 of the Act. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. Perused the material placed on record For better understanding, Section 9 of the Act is 5. extracted hereunder;- 5 9. Revision - The Collector may either suo-motu an application made to for and examine the record of any Recording Authority, Mandal Revenue Officer or Revenue or on Divisional Officer under sections 3,5,5A or 5B, in respect of any record of rights prepared or maintained to satisfy himself as to the regularity, correctness, legality propriety of any decision taken. or order passed or proceedings made in respect thereof and if it appears to the Collector that any such decision, order Collector that any such decision, order or proceedings should be modified, reconsideration. annulled or reversed or remitted for he may pass orders accordingly: Provided that no such order adversely affecting person shall be passed under this section unless he had any an opportunity of making a representation. ) Section 9 of the Act contemplates that any order by the Mandal Revenue Officer or Revenue Divisional Officer under Sections 3,4,5A or 5B of the Act can be challenged by the aggrieved party by filing Revision. As the Revision provided under Section 9 of the Act a statutory alternative remedy, in the opinion of this Court, the petitioner should avail remedy of filing Revision application/petitio before the competent authority. IS n 6. Accordingly, the petitioner herein is directed to file appropriate Revision application/petition before the 2"^^ respondent under Section 9 of the Act within a period of four (04) weeks from the date of receipt of a copy of this order. On filing of such a Revision application/petition, the 2"^' respondent is directed to consider the 6 same and pass appropriate reasoned orders, in accordance with law, within a period of two (02) months thereafter. Till then, status- quo obtaining as on today shall be maintained by all the parties concerned in respect of possession of the subject property as well as in respect to the revenue entries made with regard to the subject property. 7. With the above directions, this 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/- U. SRIDEV! ASSISTANT REGISTRAR //TRUE COPY// S^^0NOFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Amaravati Guntur District. 2. The Joint Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur Division, Anantapur District. 4. The Tahsildar, Rapthadu Mandal, Anantapur District. 5. One CC to Sri K Srinivas Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED:27/06/2025 ORDER WP NO. 15696 OF 2025 1 1 AUG 2025 ^s^QnrentSectigp^^ Co 1 DISPOSING OF THE W.P., WITHOUT COSTS