APHC010309202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15422/2025 Between: Gangula Srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KUNTAMUKKALA SAI SREE SANJAY Counsel for the Respondent(S): 1. GP FOR REVENUE NV, J W.P.No.15422 of 2025 Dated: 25.06.2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15422 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a WRIT of MANDAMUS or any other Writ order or direction declaring the proceedings dated 14.05.2025 vide Rc.B/353/2025 passed by the 4th respondent herein by cancelling the revenue records and deciding the title over the subject property in Sy.No.335B an extent of Ac.0.36 Cents is illegal, arbitrary, unconstitutional and violation of provisions contemplated under A.P.Pattadar Passbook Act, 1971 and also violation of Art 14, 21 and 300-A of constitution of India and consequently direct the respondent authorities not to interfere with peaceful possession and enjoyment of the property in the interest of justice and to pass” 2. Heard learned counsel for the petitioner and Learned Assistant Government Pleader for Revenue. 3. The claim of the petitioner herein is that the petitioner is the absolute pattadhar and possessor of the subject land in Sy.No.3305B to an extent of Ac.0.36 cents, having acquired the same through his ancestors. Considering his right over the property and being the legal heir to his ancestors, petitioner was issued with pattadhar passbook and title deed in respect of the subject land in the year 2008. Since then, he has been in possession and enjoyment of the subject land. 4. While the things stood thus, the 4th respondent herein issued impugned proceedings dated 14.05.2025, proposing to cancel the pattadhar passbook, NV, J W.P.No.15422 of 2025 Dated: 25.06.2025 which was issued to the petitioner in the year 2008, which is contrary to the settled preposition of law as held by this Court. The 4th respondent is not the competent authority to cancel the same, but, in the instant case, the 4th respondent herein proposed for cancellation of the same, which is contrary to the settled preposition of law. Therefore, the impugned proceedings are liable to be set aside. 5. On the other hand, learned Assistant Government Pleader for Revenue submits that the impugned proceedings indicates that the subject land belongs to the 5th respondent and he has entitlement to have pattadhar passbook and title deed in respect of subject land and accordingly, it is observed that the passbook issued in favour of the petitioner should be cancelled in respect of the subject land. He further submits that any cancellation of pattadhar passbook should be done by the 3rd respondent but not by the 4th respondent as contemplated under Section 5 of Andhra Pradesh Rights in Land and Pattadhar Pass Books Act, 1971. 6. It is relevant to refer the ratio laid down in the decision of this Court in W.P.No.26106 of 2023, which reads as under: “9. In the case at hand, petitioners made representation to the Tahsildar, to cancel pattadhar passbook issued in favour of respondent No.7 and pursuant to said representation, notice was issued to respondent No.7 on 06.07.2023. The representation made by the petitioner and the consequential notice is to cancel the pattadar passbook and title deed in the name of respondent No.7. As rightly pointed out by learned Assistant Government Pleader for Revenue, the Tahsildar is not competent to cancel passbooks and title deeds. Upon acquiring right by virtue of Court decree, petitioners ought to have made application in Form VI-A as NV, J W.P.No.15422 of 2025 Dated: 25.06.2025 prescribed under Rule 18(2) of the Rules, instead of making representation.” 7. On perusal of the material on record, the proposed cancellation of pattadhar passbook issued in favour of the petitioner by the 4th respondent is without jurisdiction and contrary to law. Hence, the impugned proceedings dated 14.05.2025 is liable to be set aside. 8. Accordingly, the Writ Petition is allowed by setting aside the impugned proceedings dated 14.05.2025. It is needless to observe that the respondents are at liberty to proceed further, in accordance with law, in respect of the said property. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date: 25.06.2025 M M KK KK NV, J W.P.No.15422 of 2025 Dated: 25.06.2025 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 15422 of 2025 Dated: 25.06.2025 M M KK KK 146