APHC010365062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18831/2025 Between: 1. DUGGAM CHENNAMMA,, W/O DUGGEM JUDSON, AGED ABOUT 65 YEARS, OCC- CULTIVATION R/O D NO 4-26, SC PALEM, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE ANDHRA PRADESH. 3. THE DISTRICT REVENUE OFFICER, FOR JOINT COLLECTOR, PRAKASAM DISTRICT, ANDHRA PRADESH. 4. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, PRAKASAM DISTRICT, ANDHRA PRADESH. 5. THE TAHSILDAR, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 6. DUGGAM SALMAN DANIEL, S/O GEORGE BABU, AGED ABOUT 75 YEARS, OCC - CULTIVATION, R/O NEAR ABM CHURCH, PEDDARAVEEDU VILLAGE AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH SRS,J W.P.No.18831 of 2025 ...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 nature of a writ of mandamus questioning the action of the 3rd respondent in issuing the notice vide Rc.D7/925/2025, Dt 24-06-2025 under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (ACT NO. 26 of 1971), wherein petitioner was directed to appear before him for the cancellation of the revenue records pertaining to land admeasuring an extent of Ac. 2.65 cents in RS No. 101 and Ac. 0.96 cents in RS No. 790/1 situated in Peddaraveedu Village and Mandal, Prakasam District, Andhra Pradesh and the said action is highly illegal, without jurisdiction, an arbitrary exercise of power, contrary to the purport of the Act, violative of Principles of Natural Justice, and violative of Articles 14, 21, and 300A of the Constitution of India, and is, therefore, liable to be set aside, consequently, direct the respondents not to interfere with petitioners possession over the said land 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 may be pleased to grant stay of all further proceedings pursuant to the notice vide Rc.D7/925/2025, Dt: 24-06-2025 under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (ACT NO. 26 of 1971) issued by the 3rd Respondent pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR REVENUE SRS,J W.P.No.18831 of 2025 The Court made the following: :: ORDER :: Heard Sri T. Sai Surya, learned counsel for the petitioner, and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 5. Notice of respondent No.6 is dispensed with since no adverse order is passed against the rights and interests of respondent No.6. 2. A notice vide Rc.D7/925/2025, dated 24.06.2025 (Ex.P1) under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as ‘the Act’), was issued by the District Revenue Officer – respondent No.3. 3. Learned counsel for the petitioner would submit that the District Revenue Officer lacks jurisdiction under Section 9 of the Act to issue notice. 4. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, would fairly submit that as per Section 9 of the Act, the competent authority to initiate, suo-moto proceedings is the Collector. He would also submit that the District Revenue Officer has no jurisdiction to initiate suo-moto proceedings under the Act. 5. As seen from the notice (Ex.P1), the authority initiated suo-moto revision under Section 9 of the Act, based on the report of Forest Settlement Officer, Prakasam District, dated 24.05.2025, is the District Revenue Officer, namely Sri B.Ch. Obulesu, for the Joint Collector, Prakasa District, Ongole. As per section 9 of the Act, the Collector is the competent authority. 6. It is apt to extract Section 9 of the Act which reads as under: “9. Revision - The Collector may either suo-motu or on an application made to him, call for and examine the record of any SRS,J W.P.No.18831 of 2025 Recording Authority, Mandal Revenue Officer or Revenue Divisional Officer under sections 3,5,5A or 5B, in respect of any record of rights prepared or maintained to satisfy himself as to the regularity, correctness, legality or propriety of any decision taken, order passed or proceedings made in respect thereof and if it appears to the Collector that any such decision, order Collector that any such decision, order or proceedings should be modified, annulled or reversed or remitted for reconsideration, he may pass orders accordingly:” 7. A plain reading of Section 9 of the Act, the Collector may either suo- moto or on an application made to him, exercise the revisional power. 8. Section 2 (2) of the Act defines the ‘Collector’ as the Collector of a District, including ‘Joint Collector’. In that view of the matter, this Court is of the considered opinion that the notice vide Ex.P1 issued by the District Revenue Officer for the Joint Collector is without jurisdiction. Hence, the notice impugned is liable to be set aside. 9. Given the facts and circumstances of the case, the Writ Petition is allowed by setting aside the notice vide Rc.D7/925/2025, dated 24.06.2025 (Ex.P1), issued by the District Revenue Officer – respondent No.3. However, this order will not preclude the Joint Collector, Prakasam District from initiating necessary proceedings as per the law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 24.07.2025 TVN SRS,J W.P.No.18831 of 2025 241 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.18831 OF 2025 Date : 24.07.2025 TVN