V' APHC010357702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) } MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18218 OF 2025 Between: Yendluri Seshamma, W/o Subba Rao, Age 45 years, Occ, Coolie, Atmakuru Village, Ullavapadu Mandal, SPSR Nellore Dist, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh. Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District, Andhra Pradesh, 3. The Revenue Divisional Officer, Kavali, Kavali Mandal, SPSR Nellore District. 4. The Tahsildar, Kavali, Kavali Mandal, SPSR Nellore District. 5. Sandhu Vasantha Rao, S/o Peda Yanadi, Age,55 years, Occ. Agriculture, Annemadugu Village, Kavali Mandal, SPSR Nellore District, Andhra Pradesh. ...Respondents 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 an order or Mandamus, declaring the action of the respondents No 2 to 4 in not to take direction, more in the nature of Writ of r* any steps in pursuance of the representations dated on 07-04-2025, 28-08- 2023, and 06-09-2021, for delete illegal entry of Un official respondent No 5, in revenue record in Sy 335-10 to an extent of Ac 0.99 cents at Anemadugu Village, Kavali Mandal, SPSR Nellore District, The official respondents without considering the petitioner request to dispossess of the petitioner land as being illegal, arbitrary, and violation of principle of natural justice, and apart from being in violation of Articles 14, 21 and 300A, of the Constitution of India, Consequently direct the respondents No 2 to 4 to dispose of representations dated on 07-04-2025, 28-08-2023, and 06-09-2021 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 to direct the respondents No 2 to 4, to dispose of representation dated on 07-04- 2025, 28-08- 2023, and 06-09-2021, for delete illegal entry in revenue records of the Respondent No 5, in Sy 335-10, to an extent of land Ac 0.99 cents at Anemadugu village, Kavali Mandal, SPSR Nellore District, pending disposal of the above writ petition Counsel for the Petitioner: SRI M CHALAPATHI Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order: r APHC010357702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18218/2025 Between: 1.YENDLURI SESHAMMA, W/0 SUBBA RAO, AGE 45 YEARS, OCC, COOLIE, ATMAKURU VILLAGE, ULLAVAPADU MANDAL SPSR NELLORE DIST, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH, 3.THE REVENUE DIVISIONAL OFFICER, KAVALI, KAVALI MANDAL, SPSR NELLORE DISTRICT. SECRETARIAT 4.THE TAHSILDAR, KAVALI DISTRICT. KAVALI MANDAL, SPSR NELLORE 5.SANDHU VASANTHA RAO, S/0 PEDA YANADI, AGE,55 YEARS,OCC,AGRICULTURE, ANNEMADUGU VILLAGE, KAVALI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...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 an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents No 2 to 4 in not to take any steps in pursuance of the representations dated on 07-04-2025, 28-08- 2023, and 06-09-2021, for delete illegal entry of Un official respondent No 5, in revenue record in Sy 335-10 to an extent of Ac 0.99 cents at Anemadugu Village, Kavali Mandal, SPSR Nellore District. The official respondents without considering the petitioner request to dispossess of the petitioner land as being illegal, arbitrary, and violation of principle of natural justice, and apart from being in violation of Articles 14, 21 and 300A, of the Constitution of Consequently, direct the respondents No 2 to 4 to dispose of representations dated on 07-04-2025, 28-08-2023, and 06-09-2021, and India. pass 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 direct the respondents No 2 to 4, to dispose of representation dated 04-2025, 28-08- to on 07- 2023, and 06-09-2021, for delete illegal entry in revenue records of the Respondent No 5, in Sy 335-10, to an extent of land Ac 0.99 at Anemadugu village, Kavali Mandal, SPSR Nellore District, pending disposal of the above writ petition and pass cents Counsel for the Petitioner: 1.M CHALAPATHI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri M.Chalapathi, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 4. The notice in respect of the 5'^ respondent is dispensed with since no adverse order is passed affecting the interest of the 5^^ respondent. The grievance of the petitioner is that the representations dated 06.09.2021, 28.08.2023 and 07.04.2025, made to the respondents 2 to 4 to delete the entry in favour of the 5*^ respondent in respect of Ac.0.99 cents in to 2. 3 1^ Sy.No.335-10 of Anemadugu Village, Kavali Mandal, SPSR Nellore District, were not disposed of. Learned counsel for the petitioner would submit that the 4"^ respondent assigned Ac.0.99 cents in Sy.No.335-10 of Anemadugu Village, Kavali Mandal, SPSR Nellore District, in favour of the petitioner’s father on 25.11.1991. After the death of the petitioner’s father, the land was devolved on the petitioner, and the petitioner has been cultivating the same. Without issuing notice to the petitioner, the name of the 5*'' respondent is mutated in the record of rights. The petitioner made the representations above; however, respondents 2 to 4 failed to consider them. Learned counsel would also submit that a notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 30 of 2013 was issued in the name of the 5‘^ respondent against the said property. Learned Assistant Government Pleader for Revenue, on instructions would submit that if the name of the 5'" respondent is included in the record of rights without following the procedure, the petitioner got a statutory remedy by way of appeal under Section 5(4) of the Rights in Land and Pattadar Pass Books Act, 1971 as amended by Act 8 of 2025 to the appellate authority. Such appeal shall be filed within 30 days from the date of receipt of the order or amendment of RoR or a revision under Section 9 of the Act. 3. 4. an 5. The affidavit does not contain the date on which the name of the 5 respondent is updated as the owner of the property in respect of Ac.0.99 cents in Sy.No.335-10 of Anemadugu Village, Kavali Mandal, SPSR Nellore District. The petitioner, without availing remedies available under the Act, filed this writ petition and prayed to dismiss the writ petition. 4 6. Consideration: In para-3 of the writ affidavit, it was pleaded that the petitioner’s father worked in the Army and the then Tahsildar-4‘'' respondent assigned land to extent of Ac.0,99 cents in Sy.No.335-10 of Anemadugu Village, Kavali Mandal, SPSR Nellore District, in the affidavit, the date of the assignment was not even mentioned. A copy of the D-Form Patta filed as Ex.P2 does not contain the year except mentioning the date as 25.11 an This Court is not recording the finding regarding the genuineness of the DKT Patta at this juncture. The petitioner also did not specify the date or year of the mutation of the name of the 5*^ respondent in the record of rights. The representations said to have been made by the petitioners, in the opinion of this Court, without availing the remedy under the Act, are impermissible. Rule 21 ofuthe A.P. Rights in Land and Pattadar Pass Books Rules, 1989 (for short ‘the Rules’) outlined a procedure for filing an appeal. Sub-rule (2) thereof prescribed that every appeal shall be in writing and shall set forth the grounds thereof, and that such appeal shall be filed within 60 days of communication of the order. Under sub-rule (3), every appeal shall bear a Court fee stamp of Rs.5/-. 7. 8. It is pertinent to mention here that despite the amendment to Section 5 of the Act, the corresponding Rules were amended by the Legislature. However, when there is conflict concerning the limitation between the Section and the Rules in an Act, the Section prevails. 9. When the statute prescribed an effective and alternative remedy under Section 5(4) of the Rights in Land and Pattadar Pass Books Act, 1971 under Section 9 of the Act, the petitioner could have availed of the or same. Making a mere representation and complaining of non-consideratio n of the sarne’>vithout availing the alternative remedy, is not permissible. Exercise of judicial review under Art 226 of the Constitution, the Courts have evolved the principle of self-restraint, especially when an alternative remedy is available. 5 S’ Of course, a writ petition is certainly maintainable in case of violation of fundamental rights, breach of principles of natural justice, without jurisdiction or the remedy is not efficacious. In the case at hand, a mere making of representations without availing the statutory remedy, non-consideration of the same, this court perceives no illegality or perversity. 10. Given the facts and circumstances of the case, this Court does not find 11. any illegality or irregularity on the part of the respondents 2 to 4 in not 28.08.2023 and considering the representations dated 06.09.2021, 07.04.2025. Accordingly, the writ petition is dismissed. However, this order will not preclude the petitioner from availing the appropriate remedy under the Act. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, SE 1. One CC to SRI M CHALAPATHI Advocate [OPUC] 2. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 3. Two CD Copies GSG ' HIGH COURT DATED: 21/07/2025 ORDER WP NO. 18218 OF 2025 \ 18 AUG 2025 \% ntSectio o Co Kp DISMISSING THE WP WITHOUT COSTS