APHCOI0344852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 809 OF 2025 Writ Appeal under Clause 15 of the Letters Patent against the Order dt. 26.10.2024 in WP No. 24535 of 2022 on the file of the High Court. Between: 1. Gali Chinna Ramana Reddy, S/o. Murthy Reddy, Aged 55 years, Occ. Employee, R/o. 3/1121, Plot No. 406 Sai Ram Paradise, Proddutur, Kadapa District, 516360. 2. Smt. Gali Vijaya Lakshmi, W/o. Late Venkata Ramana Reddy, Aged 61 years, Occ. Housewife, R/o. 6-3-263/1, First Floor, Beside Sarada Enterprises, Second Left Street, Ram Nagar, Anantapur District. 3. Gali Srinivasa Reddy, S/o. Late Venkata Ramana Reddy Aged 34 years, Occ. Housewife, R/o. 6-3-263/1, First Floor, Beside Sarada Anantapur Town, Anantapur Town, Enterprises, Second Left Street, Ram Nagar Anantapur District. 4. Gali Navya Reddy, D/o. Late Venkata Ramana Reddy, Aged 30 years, Occ. Housewife, R/o. 6-3-263/1, First Floor, Beside Sarada Enterprises, Second Left Street, Ram Nagar Anantapur Town, Anantapur District. ...Appellants/Respondent Nos. 7 to 10 AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department Amaravati, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Joint Collector, Prakasam District at Ongole. 4. The Revenue Divisional Officer, Markapur Revenue Division, Prakasam District. 5. The Tahsildar, Markapur Mandal Prakasam District. ...Respondents/Respondent Nos. 1 to 5 6. Gali Bharath Kumar Reddy, S/o. Venkata Rami Reddy, Aged 40 years, Occ. Cultivation, R/o. Pedda Nagulavaram Village, Markapur Mandal, Prakasam District. Secretariat, Velagapudi, ...Respondent/WritPetitioner lA NO: 3 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 of Order dated 26.10.2024 passed in W.P. No. 24535 of 2022, pending disposal of the main Writ Appeal. Counsel for the Petitioners: SRI SITA RAM CHAPARLA Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SMT. BINDU VEGIRAJU The Court made the following order: APHC010344852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO; 809/2025 Writ Appeal under clause 15 of the Letters Patent to set-aside the Order dated 26.10.2024 passed in W.P. No. 24535 of 2022 and consequently allow the Writ Appeal and pass Between: 1.GALI CHINNA RAMANA REDDY, S/0. MURTHY REDDY, AGED 55 YEARS, OCC. EMPLOYEE, R/0. 3/1121, PLOT NO. 406 SAI RAM PARADISE, PRODDUTUR, KADAPA DISTRICT, 516360. 2.SMT. GALI VUAYA LAKSHMI,, W/0. LATE VENKATA RAMANA REDDY, AGED 61 YEARS, OCC. HOUSEWIFE, R/0. 6-3-263/1, FIRST FLOOR, BESIDE SARADA ENTERPRISES, SECOND LEFT STREET, RAM NAGAR DISTRICT. ANANTAPUR TOWN, ANANTAPUR 3.GALI SRINIVASA REDDY,, S/0. LATE VENKATA RAMANA REDDY AGED 34 YEARS, OCC. HOUSEWIFE, R/0. 6-3-263/1, FIRST FLOOR BESIDE SARADA ENTERPRISES, SECOND LEFT STREET, RAM NAGAR ANANTAPUR TOWN, ANANTAPUR DISTRICT. 4. GALI NAVYA REDDY D/0. LATE VENKATA RAMANA REDDY, AGED 30 YEARS, OCC. HOUSEWIFE, R/0. 6-3-263/1, FIRST FLOOR BESIDE SARADA ENTERPRISES, SECOND LEFT STREET, RAM NAGAR ANANTAPUR TOWN, ANANTAPUR DISTRICT. ...APPELLANT(S) AND 2 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3.THE JOINT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 4.THE REVENUE DIVISIONAL OFFICER, MARKAPUR REVENUE DIVISION, PRAKASAM DISTRICT. 5.THE TAHSILDAR, MARKAPUR MANUAL PRAKASAM DISTRICT. 6.GALI BHARATH KUMAR REDDY, S/O. VENKATA RAMI REDDY, AGED 40 YEARS, OCC. CULTIVATION, R/0. PEDDA NAGULAVARAM VILLAGE, MARKAPUR MANDAL, PRAKASAM DISTRICT. ...RESPONDENT{S): 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 dispense with filing of Certified Copy of Order Dt. 26.10.2024 passed in W.P.No. 24535 of 2025 on the file of this Hon’ble Court and to receive the main Writ Appeal on file, by accepting a copy thereof downloaded from the Official Website of this Hon’ble Court in the interests of justice pass lA NO: 2 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 condone the delay of [192 ] days in filing the present Writ Appeal against an Order Dt. 26.10.2024 passed in W.P No. 24535 of 2022 and to receive the Writ Appeal on file in the interests of justice and to pass lA NO: 3 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 of Order dated 26.10.2024 passed in W.P. No. 24535 of 2022, pending disposal of the main Writ Appeal and pass Counsel for the Appellant(S): 3 1.SITA RAM CHAPARLA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.BINDU VEGIRAJU 4 The Court made the following Judgment: (perHon’ble Sri Justice R. Raghunandan Rao) The father of the appellants herein had entered into an agreement of sale dated 22.10.1993 with the father of the 6*^ respondent herein. As the father of the appellants has passed away, the appellants herein have been brought on record as his LR’s. On account of certain disputes which arose, between both sides, after execution of the aforesaid agreement of sale, suits came to be filed by both sides. The appellants herein filed O.S.No.595 of 2022, for an injunction restraining the 6*'' respondent herein from interfering with their possession. Simultaneously, the 6*^ respondent herein filed O.S.No.515 of 2022 for specific performance of the aforesaid agreement of sale. Both these suits are said to be pending. 2. The appellants herein had approached the Revenue Divisional Officer for cancellation of the pattadar passbook and title deeds issued in favour of the 6**^ respondent on the ground that such a pattadar passbook and title deed could not have been issued on the strength of an agreement of sale. The Revenue Divisional Officer, acting under Section-5 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 [for short “the Act, 1971”], had cancelled the patta passbook and title deed issued in favour of the 6 respondent. Aggrieved by the said Order of cancellation, the 6**" respondent filed a revision before the Joint Collector, who dismissed the said revision. Aggrieved by the said Orders of the Revenue Divisional Officer as well as the Joint Collector, the 6’^ respondent is said to have approached this Court by way of W.P.No.24535 of 2022, challenging the Orders of the Revenue Divisional Officer and the Joint Collector. A Learned Single Judge of this Court, by an Order dated 26.10.2024, had disposed of the Writ Petition setting aside the Order of the Revenue Divisional Officer, dated 17.07.2015 and the Order of the Joint Collector, dated 08.04.2022 on the ground that an appeal could not have been filed, under Section 5(5) of the Act, 1971, for cancellation of the pattadar 3. th 4. 5. 5 passbook and title deed in as much as an appeal under Section 5(5) of the Act, 1971 would be available only against an Order under Section 5(3) of the Act, 1971. The Learned Single Judge has held that in the absence of such an Order, an appeal could not have been maintained. Sri Sita Ram Chaparla, learned counsel for the appellants would contend that the respondent taking advantage of this Order of the Learned Single Judge is filing false cases against the appellants and he is seeking to interfere with the possession of the appellants over the said land. Smt. V. Bindu, learned counsel for the 6*^ respondent, on the other hand submits that the respondent is in possession of the land and that no steps are being taken to file any false cases against the appellants. We do not propose to go into these questions of fact, especially since suits are already pending before the appropriate Civil Court and they being pursued by both sides. In view of the aforesaid facts, this Writ Appeal is disposed of leaving it open to the appellants to approach the Joint Collector, under Section 9 of the Act, 1971, for any grievances they may have in relation to the issuance of the pattadar passbook and title deed to the 6'^ respondent. Further, any observation made either by this Court or by the Learned Single Judge shall not be pressed into service by either party in any proceedings either before the Revenue authorities or before the Civil Court. There shall be no order as to costs. 6. 7. 8. are 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M RAMESH^ABU DEPUTYWdlSTER //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Joint Collector, Prakasam District at Ongole. - Revenue Departmeat, 4. The Revenue Divisional Officer, Markapur Revenue Division, Prakasam District. The Tahsildar, Markapur Mandal, Prakasam District. One CC to Sri Sita Ram Chaparla Advocate [OPUCf^ Two CCs to GP for Revenue High Court of Andhra Pradesh [OUfl One CC to Smt. Bindu Vegiraju Advocate [OPUC] Two CD Copies 5. 6. 7. 8. 9. TF 1 HIGH COURT DATED:11/08/2025 JUDGMENT WA NO. 809 OF 2025 DISPOSING OF THE W.A., WITHOUT COSTS