APHC010341062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18108/2025 Between: 1. DEVANANDA MAHAPATRO, S/O, LATE PANCHANANA MAHAPATRO, HOUSE-1136, AMARNATH COLONY, NEAR VISAKHA VIDYANIKETAN SCHOOL, PARLAKHEMUNDI, GAJAPATHI DISTRICT OF ORISSA STATE-761200. 2. RAJESWARI MAHAPATRO, W/O, LATE PANCHANANA MAHAPATRO, HOUSE-1136, AMARNATH COLONY, NEAR VISAKHA VIDYANIKETAN SCHOOL, PARLAKHEMUNDI, GAJAPATHI DISTRICT OF ORISSA STATE-761200. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE, DEPARTMENT, SECRETARIAT, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522503. 2. THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, SRIKAKULAM DISTRICT, SRIKAKULAM. 532001. 3. THE JOINT COLLECTOR, COLLECTORATE OFFICE, SRIKAKULAM DISTRICT, SRIKAKULAM. 532001. 4. THE REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, TEKKALI TOWN, SRIKAKULAM DISTRICT, 5. THE THASILDAR, TEKKALI MANDAL, TEKKALI, SRIKAKULAM 2 DISTRICT. 6. DIRECTOR INSPECTOR GENERAL OF REGISTRATION STAMPS, D.NO. 5-59, R.K. SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPAU, ANDHRA PRADESH-521151. THE DISTRICT REGISTRAR, SRIKAKULAM, SRIKAKULAM DISTRICT. 7. THE DISTRICT REGISTRAR, SRIKAKULAM, SRIKAKULAM DISTRICT. 8. THE SUBREGISTRAR, TEKKALI, TEKKALI MANDAL, SRIKAKULAM DISTRICT, 9. PADMA CHANDRA MAHAPATRA, S/O LATE BALAJI MAHAPATRO, M.K.C.J. MEDICAL HOSPITAL BACK SIDE, NEELACHAL NAGAR, BERHAMPUR, GANJAM DISTRICT, ORISSA STATE-760004. 10. BAGADHI HARI, S/O LAKSHMINARAYANA, AYODYAPURAM VILLAGE, TEKKALI MANDAL, SRIKAKULAM DISTRICT OF ANDHRA PRADESH STATE. ...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 to issue a Writ order or direction more particularly one in the of Writ of Mandamus declaring the action of the nature respondents 4, 5 86 8 are not considered our representation dated 16-06-2025, 09-06-2025 and 30-01- 2025, without conducting fair enquiry and also passing the orders against the pending of our representations and while representation before the concern revenue authorities, illegally mutated the 9TH respondents name in all revenue records and the 9 respondent trying to alienate the property in favour of the 10th respondent of land in S.Y.No. 245-5 of wet land an extent of Ac. 0.49 cents (but as per survey 67 cents) out of Ac. 1-29 cents (but as per survey 147 cents), in S.Y. No. 5-13 of wet land an extent of Ac. 0.11 cents and also the 2nd petitioners self acquired property in S.Y. No. 245-4 of wet land extent of Ac. 0.41 cents situated at Somayyavalasa Village, Tekkali Major Panchayat, Tekkali Mandal, Srikakulam District and the same is trying to accept for registration by the 8TH Respondent, is illegal, irregular. Arbitrary, Violated the Principle of natural justice and offends Article 14, 21 and 300- A of Constitution Of India and pass 3 IA 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 direct the 8TH respondent not to register the joint family property of land in S.Y.No. 245-5 of wet land an extent of Ac. 0.49 cents (but as 67 cents) out of Ac. 1-29 cents (but as per survey that per survey 147 cents), in S.Y. No. 5- 13 of wet land an extent of Ac. 0.11 and also the 2nd petitioner’s self acquired property in S.Y. No. 245-4 of wet land an extent of Ac. 0.41 cents situated cents at Somayyavalasa Village, Tekkali Major Panchayat, Tekkali Mandal, Srikakulam District to the third party, till dispose of the main writ petition and pass Counsel for the Petitioner(S): 1. SIMHACHALAM KARUKOLA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents 1 to 7. Notice in respect of respondents 9 and 10 is dispensed with since no adverse order is passed affecting their rights or interests. 2. Learned counsel for the petitioner would submit that the petitioners made a representation dated 16.06.2025 to the 4th respondent. However, the said representation has not been considered by the respondent authorities. Learned counsel would submit that the 9th respondent's name is mutated in the Record of Rights. The 9th respondent is trying to alienate the petitioners’ joint property in favour of the 10th respondent. 3. Learned Assistant Government Pleader would submit that the petitioners, if they are aggrieved against the mutation of the 9th respondent, had a right of appeal under Andhra Pradesh Rights in Lands and Pattadar Passbook Act, 1971 (for short “the Act”). Without availing the remedy available, the petitioner approached this Court. 4 4. In reply, learned counsel for the petitioners would submit that the petitioners will file a statutory appeal before the 3rd respondent. 5. Given the facts and circumstances of the case, without going into the merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, giving liberty to the petitioners to avail remedies available under the Act. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 18.07.2025 KA 5 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18108/2025 Date: 18.07.2025 KA