IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17305 OF 2024 Between: 1. Vardhineni Venkateswara Rao, S/o. late V.Ramanaiah, Aged about 69 years, Occ; Retired Employee. R/o. D.No.8-3-224/9/10/D H.Block, 73- Madhura Nagar, Hyderabad; 2. Vardhineni Naga Mani, W/o:Vardhineni Venkateswara Rao, Aged about 64 years, Occ: Housewife, R/o. D.NO.8-3-224/9/10/D, H.Block Madhura Nagar, Hyderabad, Rep. by her G.P.A Holder Vardhineni Venkateswara Rao, i.e., the 1st petitioner herein. 3. Chimata Abbaiah Naidu, S/o. Kotaiah, Aged about 45 Business, R/o. Flat No.205,' VKC Apartment, Bhagyanagar Colony, 0pp. K.P.H.B, Kukatpalli, Hyderabad - 500072 rep. by his G.P.A Holder Vardhineni Venkateswara Rao, i.e., the 1st petitioner herein. 73- years, Occ; ...PETITIONER’S AND 1. State of Andhra Pradesh, Velagapudi, Amaravathi Guntur District. Rep. by its Principai Secretary. 2. The District Collector, SPSR Nellore District. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildhar, Bhogole Mandal, SPSR Nellore District. Revenue Department, Secretariat, ...RESPONDENTS is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring action of the 3’’’^ Petition under Article 226 of the Constitution of India respondent in issuing proceedings vide impugned order D.Dis.A402/2024 dated ' / 05.07.2024 as illegal, arbitrary, against Principles of natural justice without jurisdiction and violation of Article 300-A of Constitution of India and also violation of AP Rights in Land and Pattadar Passbooks Act, 1971 , one and Rules 1989 and consequently direct the respondent authorities to mutate the names of the petitioners in the Revenue Records and to issue Pattadhar passbooks and Title Deeds by re-considering the applications i.e., 1) MUT240617000005 dated 17.06.2024 2) MUT240617000006 dated 17.06.2024 3) MUT240618044172 dated 18.06.2024 MUT240617000011 dated 17.06.2024 5) MUT240617000017 dated 17.06.2024 by setting aside The order of the 3^^ respondent vide D.Dis.A402/2024 dated 05.07.2024. lA NO: 1 OF 2024 4) Petition under Section t51 CPC is filed praying that in the circumstances stated in the affidaiyit filed in support of the petition, the High Court may be pleased to direct the 4**^ respondent to reconsider the applications of the petitioners'to mutate the names of the petitioners in the Revenue Records and to issue Pattadhar passbooks and Title Deeds i.e.. 1) MUT240617000005 dated 17.06.2024 2) MUT240617000006 17.06.2024 dated 3) MUT240618044172 dated 18.06.2024 4) MUT240617000011 dated 17.06.2024 5) MUT240617000017 17.06.2024 by suspending the orders of the 3'^^ dated respondent in D.Dis.A402/2024 dated 05.07.2024, during pendency of the Writ petition. Counsel for the Petitioner’srSRI. C SUBODH Counsel for the Respondent No-s. f to 4: GP FOR REVENUE The Court made the following ORDER: ■r APHC010331212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY :THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17305/2024 Between: Vardhineni Venkateswara Rao, and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others Counsel for the Petitloner(S): 1.CSUBODH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ...RESPONDENT(S) ■■■ -r ORDER: This writ petition is filed under Article 226 of the Constitution of India, 1. claiming the following relief: “declaring action of the 3'^^ respondent in issuing proceedings vide impugned order D Dis A402/2024 dated 05.07.2024 as illegal arbitrary against Principles of natural justice one without jurisdiction and violation of Article 300A of Constitution of India and also violation of AP Rights in Land and Pattadar Passbooks Act 1971 and Rules 1989 and consequently direct the respondent authorities to mutate the names of the petitioners in the Revenue Records and • to issue Pattadhar passbooks and Title Deeds by reconsidering the applications i.e (1) MUT240617000005 dated 17.06.2024 (2) MUT240617000006 dated 17.06.2024 (3) MUT240618044172 dated 18.06.2024 (4) MUT240617000011 dated 17.06.2024 (5) MUT240617000017 dated 17.06.2024 by setting aside the order of the 3^^ respondent vide D.Dis.A402/2024 dated 05.07.2024” During hearing, learned counsel for the petitioner submits that, in the 2. impugned order, according to Rule 26(6) of the A.P. Rights in Land & Pattadar Pass Book Rules, 1989 (for short ‘the Rules’), a passbook shall be given only to those persons who are in actual possession of the land. The third respondenthas not considered the amendment to Rule 26 of the Rules by virtue of G.O.Ms.No.271 Rev.(EA&AR) Department dated 01.07.2016. It is submitted that, while the earlier Rule 26(6) mentions that a title deed or passbook shall be given only to those persons who are in actual possession of the land and was', repealed by way of amendment dated 01.07.2016. But, the third respondent by following unamended Rule 26(6) passed the impugned order date 05.07.2024 and requested to set-aside the same. On the other hand, learned Government Pleader for Revenue submits that the impugned order was passed under unamended Rule 26(6) and the third ’ respondent shall reconsider the same and pass appropriate orders in accordance with amended Rule, the matter should be remanded for fresh consideration. 3. Undisputedly, the respondent issued the proceedings dated 05.07.2024 in accordance with Rule 26(6) of the A.P. Rights in Land & Pattadar Pass Book Rules, 1989 and prior to substitution, according to Rule 26(6) of the Rules, a title 4. deed or pass book shall be given only to those persons who are in actual possession of the land. However, Rule 26 has been repealed and it has been substituted by G.O.Ms.No.271 Rev.(EA&AR) Department dated 01.07.2016, incorporating certain additions/amendments. Therefore, the proceedings issued by the 3^^ respondent is non-est in the eye of law. Hence, the proceedings of the 3'^'^ respondent vide D.Dis.A402/2024 dated 05.07.2024 are hereby set-aside and the writ petition is remanded back to the third respondent for fresh consideration in accordance with law. No order as to 5. costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition 6. shall stand closed. //TRUE COPY// section officer To, Revenue 1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat, Velagapudi, Amaravathi Guntur District. 2. The District Collector, SPSR Nellore District. f* 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildhar. Bhogole Mandal, SPSR Nellore District. 5. One CC to SRI. C SUBODH, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies PRK A HIGH COURT DATED;25/03/2025 ORDER WP.No.17305 of 2024 O’ I 0 3 APR 20?5 I ^ . Current Section . ^ REMANDING BACK THE WP WITHOUT COSTS