APHC010353832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17867/2025 Between: 1. NALLURI LAKSHMI NARAYANA, S/O VENKATESWRALU, AGED ABOUT 58 YEARS, AGRICULTURIST KOTAREDY NAGAR, KANDUKUR TOWN AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3. THE SUBCOLLECTOR CUM REVENUE DIVISIONAL OFFICER, KANDUKUR TOWN AND MANDAL, SPSR NELLORE DISTRICT. 4. THE TAHSILDHAR, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 5. KODELA LAKSHAMMA, W/O,KONDAIAH, AGED ABOUT 75 YEARS. HOUSE HOLD, DIVIVARIPALEM VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 6. KODELA VENKATESWARALU, S/O,KONDAIAH, AGED ABOUT 65 YEARS. CULTIVATION, DIVIVARIPALEM VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 2 7. KODELA SRINIVASULU, S/O, KONDAIAH, AGED ABOUT 59 YEARS. CULTIVATION, DIVIVARIPALEM VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 8. KODELA TIRUMALASADIVIKA, D/O KONDAIAH, AGE 46, IDEAL, MARKANDEYA STREET, SALIPETA, NEAR TELEPHONE EXCHANGE,DIVIVARIPALEM VILLAGE, KANDUKUR MANDAL SPSR NELLORE 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 to pass an order or direction more particularly one in the nature of writ of mandamus to declaring the action of the 3RD respondent issued order vide D.Dis.B/1266/2018 dated 11.04.2025 for cancelation of PPB's/Td's in respect of the property agricultural lands Sy.No. 720 Ac. 1.10 cents of the petitioner in one sub-division situated at Mahadevapuram Village, Kandukur Mandal, SPSR Nellore and set aside the order vide D.Dis.B/1266/2018 dated 11.04.2025 for dismissal of the cancelation of pattadar passbook and title deeds, is arbitrary, illegal, motivated, malicious and an abuse of the powers vested in him, against the principles of natural justice and fair play and violative of the provisions of A.P. Rights in Land and Pattadar Passbooks Act and the Rules framed there under and also violative of Article 14, 19, 21 and 300A of the Constitution of India and consequently direct the Respondent No.3 to effect the mutation by recording the names of the Petitioners in all the revenue records including the pahanies etc., by deleting the existing names and to issue pattadar passbook and title deed in my favour in respect of the agricultural lands in Sy.No. 720 Ac. 1.10 cents of the petitioner in one sub- division situated at Mahadevapuram Village, Kandukur Mandal, SPSR Nellore and to 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 to suspend the Order vide D.Dis.B/1266/2018 dated 11.04.2025 passed by the 3rd respondent pending disposal of the above Writ Petition and to pass Counsel for the Petitioner: 3 1. CH NAGENDRA SARMA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and Sri B V Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 4. Notice in respect of respondents 5 to 8 is dispensed with since no adverse order is passed affecting their rights and interests. 2. Learned counsel for the petitioner would submit that the petitioner filed a statutory appeal under Section 5(5) of the Andhra Pradesh Rights and Pattadar Pass Books Act, 1971 (for short “the Act”) before the 3rd respondent. The 3rd respondent by proceedings D.Dis.No.B/1266/2018, dated 11.04.2025, passed the order. Learned counsel would submit that in the operative portion, the authority observed that in one place, the appeal is dismissed, and in another place, the appeal is allowed and disposed of. Hence, there is no clarity in the order passed by the 3rd respondent. 3. The writ petition was listed on 16.07.2025 and adjourned at the request of the learned Assistant Government Pleader to get instructions. On 30.07.2025, learned AGP would submit that it is a clerical mistake that occurred due to oversight. As seen from the conclusions, the appeal filed by the petitioner was dismissed. Learned AGP would submit that a modified order will be placed before this Court. 4. Accordingly, a modified order vide D.Dis.B/1266/2018 dated 31.07.2025 is placed before this Court. A Copy of the modified order is handed over to the learned counsel for the petitioner. 4 5. In reply, learned counsel for the petitioner would submit that the petitioner will avail statutory remedy under Section 9 of the Act before the 2nd respondent against the order impugned (modified order) dated 31.07.2025. 6. Given the facts and circumstances of the case, no further adjudication is required in this matter. 7. Accordingly, the Writ Petition is disposed of, at the admission stage with the consent of learned counsel on either side giving liberty to the petitioner to challenge the proceedings of the 3rd respondent vide D.Dis.B/1266/2018 dated 31.07.2025 before the appropriate forum. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 01.08.2025 KA 5 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17867/2025 Date:01.08.2025 KA