APHC010348232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17770/2025 Between: 1. PITTI VENKATESULU, S/O LATE P.THIMMA REDDY, AGED ABOUT 61 YEARS, HINDU, CULTIVATION, R/O ONTIMIDDI VILLAGE, KALYANDURG MANDAL ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE JOINT COLLECTOR, ANANTHAPURAMU ANANTHAPURAMUDISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KALYANDURG, ANANTHAPURAMU DISTRICT. 4. THE TAHSILDAR, KALYANDURG, ANANTHAPURAMU DISTRICT. 5. P MOHAN REDDY, S/O P.THIMMA REDDY, AGED ABOUT 52 YEARS. CULTIVATION, R/O ONTIMIDDI VILLAGE, KALYANDURG MANDAL, ANANTHAPURAMU 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 an Order or Direction, more particularly one in the nature of Writ of Mandamus questioning the action of the respondent No.4 in mutating the writ petition schedule property in favour of the respondent No.5 during pendency of O.S.No.234/2024 on the file of the Hon'ble Civil Judge (Junior Division), Kalyandurg as illegal, arbitrary and violative of Articles SRS,J W.P.No.17770 of 2025 14,16, and 300-A of Constitution of India and consequently set aside the same and pass 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 pleased to direct the respondent No.4 to keep the revenue record pertaining to the writ petition schedule property in dispute list‟ pending disposal of the writ petition and pass Counsel for the Petitioner: 1. D.SHYAM SUNDER Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri D. Shyam Sunder, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. Notice in respect of respondent No.5 is dispensed with since no adverse order affecting his right or interest has been passed. 3. Impugning the action of respondent No.4 in mutating the name of respondent No.5 in the revenue records pending the suit O.S.No.234 of 2024 on the file of Junior Civil Judge, Kalyandurg, the above writ petition is filed. 4. Learned counsel for the petitioner would submit that the petitioner filed suit O.S.No.234 of 2024 on the file of Junior Civil Judge, Kalyandurg, seeking partition of the schedule properties mentioned therein. He would submit that in the said suit, the petitioner filed I.A. seeking relief not to alienate the properties, pending the suit. However, respondent No.4 mutated the name of respondent No.5 in the revenue records. Page 3 of 5 SRS,J W.P.No.17770 of 2025 5. Learned Assistant Government Pleader, on instructions, would submit that respondent No.4 followed the procedure mandated under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for the short „the Act‟) and the rules made thereunder. He would submit that there is no order restraining the competent authority from affecting mutation. If the petitioner is aggrieved by the mutation, he can avail of the remedies under the Act. 6. A perusal of the pleadings in the writ affidavit, coupled with the contention of learned counsel for the petitioner, discloses that the petitioner filed suit O.S.No.234 of 2024 on the file of Junior Civil Judge, Kalyandurg, seeking partition of the properties, and the said suit is pending. In fact, learned counsel for the petitioner fairly submitted that no interim order was passed in I.A. Pending the suit, the name of respondent No.5 has been mutated in the revenue records. 7. Section 8 of the Act states that a person aggrieved by an entry in the record of rights can file a suit against anyone denying interest or title, seeking a declaration of title or rights. 8. In fact, the Division Bench of this Court in W.A.No.817 of 2024 dated 21.03.2015 observed as under: “15. The guidelines issued by the Chief Commissioner of land administration do not trace their power to any statutory provision of law. In such circumstances the only provision that can be applied would be Rule 32 of the ROR Rules, which requires the details of suits filed under Section 8(2) of the ROR Act to be included, in a register maintained for this purpose. This would mean that the above guidelines, would not apply to suits which fall outside the provisions of Section 8(2) of the ROR Act. In the present case, the suit in question is a suit for partition and does not, in any manner, fall under the provisions of Section 8(2) of the ROR Act. Consequently, there would be no question of including the land, which is sought to be partitioned, in the dispute register. Page 4 of 5 SRS,J W.P.No.17770 of 2025 16. In that view of the matter, the guidelines of the Chief Commissioner, Land Administration cannot result in all kinds of suits being entered into the dispute register maintained under Rule 32 of the ROR Rules.” 9. In the case at hand, the suit filed before Junior Civil Judge, Kalyandurg, is for partition and thus, it does not fall under the provisions of Section 8(2) of the ROR Act. If the petitioner complains violation of any provisions under the Act while affecting mutation by respondent No.4, and in adhering to the procedure under the Act or the Rules made thereunder, he can also file an appeal or revision, as the case may be, as per the provisions of the Act. Keeping the properties in the dispute register, in the opinion of this Court, does not arise in the fact situation. 10. Given the above discussion, this writ petition is liable to be dismissed. 11. Hence, the writ petition is dismissed. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 16.07.2025 IKN SRS,J W.P.No.17770 of 2025 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17770/2025 Date : 16.07.2025 IKN