.r APHC010369892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S' WEDNESDAY, THE TWENTY THIRD DAY OF JULY JO (| TWO THOUSAND AND TWENTY FIVE ^ XI PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18827 OF 2025 Between: Parimi Vijaya Lakshmi, W/o. Parimi Venkata Rao, Aged about 42 years, Occ: Home maker, R/o. D.No. 2-133, Marella, Pedacherlopalli Mandal, Prakasam District - 523117. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat BIjildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector and Magistrate, Prakasam District, Ongole. 3. The Joint Collector, Prakasam District, Ongole. 4. The Revenue Divisional Officer, Kanigiri, Prakasam District. 5. The Tahasildar, Ponnalur Mandal, Prakasam District 6. The Village Revenue Officer, Ravulakollu Village, Ponnalur Mandal , Prakasam District. 7. The Village Revenue Officer, Cherukuru Village, Ponnalur Mandal Prakasam District. 8. The Cherukuru Grama Panchayat, Rep.by its Secretary, Cherukuru Village, Ponnalur Mandal Prakasam District. 9. The Ravulakollu Grama Panchayat, Rep.by its Secretary, Ravulakollu Village, Ponnalur Mandal Prakasam District. 10. The Sub Registrar, Kandukur, SPSR Nellore District. 11. The Station House Officer, Ponnalur Police Station, Ponnalur Prakasam District 12. Madala Rattamma, W/o. Madala Venkata Subbaiah Aged about 74 Years, Occ: Hqme maker, R/o. D.No. 2-74, Venkupalom Village and Grama Panchayat, Cherukuru Revenue Village, Ponnalur Mandal, Prakasam District-523109. 13. Mupparaju Ankamma, W/o. Narasimham, Aged about 49 Years, Occ; R/o. Venkupalem Village and Grama Panchayat, Ponnalur Mandal, Prakasam District- Home maker Cherukuru Revenue Village, 523109. 14. Mupparaju Dhanamma, W/o. Mupparaju Srinu, Aged about 46 Years, R/o. East Veeraya Palem Village Grama Panchayat, Darsi Mandal, Prakasam District- 523 252. 15. Madala Mohan Rao, S/o. Venkatat subbaiah Aged about 38 Years, Occ: Software Engineerand Business R/o. Venkupalem Village and Grama Panchayat, Cherukuru Revenue Village, Ponnalur Mandal, Occ; Home maker. Prakasam District-523109. 16. Madala Dhanalakshmi, W/o. Madala Mohan Rao, Aged about 34 years. Occ;upation Home Maker, R/o. Venkupalem Village and Grama Panchayat, Cherukuru Revenue Village, Ponnalur Mandal, Prakasam District-523109. 17. Dacharla Narasinga Rao, S/o. Venkateswarlu, Aged about 39 Years, Occ; Agriculture, R/o. Ramannapalem Village, Venkupalem Grama Panchayat, Cherukuru Revenue Village,Ponnalur Mandal, Prakasam District- 523109. ...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 a Writ, order or direction more particularly one in the nature - of Writ of Mandamus declaring the inaction of the respondents, Specifically 2 to 5 Respondents in not considering and disposing the 19.06.2025, 21.06.2025 representations dated 23.06.2025 made by the petitioner for not situated in Cherukuru and Ravulakollu conducting enquiry for the lands villages for the total extent of 26.665 /2 acres apart from that the lands i; ' >2 acres, specifically Survey Nos acres, 54/4 to an extent of 8.16 in Cherukuru village for the extent of 20.035 54/2B to an extent of 0.74 Yz to an extent of 3.31 Yz acres, 523/1 acres, 49/1 measuring 1.67 acres, 70/1 measuring 2.42 acres, 70/3 measuring 0.85 acres, 45/2 acres, 23-1OA measuring 0.64 acres, 57 measuring 1.17 acres, 38/1 measuring 0.56 acres, 30-6 measuring 0.32 measuring 1.39 acres and measuring 0.1850 acres and 8-4A the extent of 5.24 acres is situated in Ravulakcliu village, for the Survey an extent of 0.02 acres, 511-3A to Numbers 511-2 to 512-IA and 512-1B each acres, 533-2H and 0.62 acres an extent of 0.92 acres measuring 0.42 acres, 511-3B measuring 0.02 acres, 533-21-1 and 533-21-2 measuring 0.92 measuring 0.61 respectively, and 493-2A measuring 1.29 acres is highly cf Natural Justice and also in violation illegal, arbitrary, violation of Principles i of Articles 14 and 300-A of the Constitution the for the cf India, and ccnsequently direct tc 5 tc conduct same subject lands Respondents 2 situated in Cherukuru and Ravulakollu villages for acres by considering enquiry the total extent of 26.665 Y representations dated 19.06.2025, 21.06.2025, 23.06.2025. lA NO: 1 OF 909^^ PeWion under Section 151 CPC praying that In the circumstances stated in the affidavit filed in support of the petition, the High Court suspension of entries in all revenue records which and 17 Respondents may be pleased to were in favour of the 15 respective lands situated in Cherukuru and Ravulakollu Villages for the total extent of 26.665 Y acres apart from that the lands cf 20.035 Y acres. in Cherukuru village for the extent 54/2B to an extent of 0.74 Y specifically Survey Nos. acres, 523/1 acres, 54/4 to an extent of 8.16 Y % to an extent of 3.31 72 acres, 49/1 measuring 1.67 acres, 70/1 2.42 acres, 70/3 measuring 0.85 acres, 45/2 measuring acres, 38/1 measuring 0.64 acres, 57 measuring 1.17 measuring 0.56 acres, 30-6 measuring 0.32 acres, 23-1OA measuring 0.1850 acres and 8-4A measuring 1.39 acres and the extent of 5.24 acres is situated in Ravulakollu village, for the Survey Numbers 511-2 to an extent of 0.02 acres, 511-3A to an extent of 0.92 acres, 512-1A and 512-1B each measuring 0.42 acres, 511-3B measuring 0.92 acres, 533-2H measuring 0.02 acres, 533-21-1 and 533-21-2 measuring 0.61 and 0.62 acres respectively, and 493-2A measuring 1.29 acres. Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent Nos. 1 to 7 & 10: GP FOR REVENUE Counsel for the Respondent Nos. 8 & 9: SRI M SUDHIR (SC FOR ZPPS, MPPS & GP) Counsel for the Respondent No.11: GP FOR HOME Counsel for the Respondent Nos. 12 to 17: —- The Court made the following order: APHC010369892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18827/2025 Between: 1.PARIMI VIJAYA LAKSHMI, W/0. PARIMI VENKATA RAO, AGED ABOUT 42 YEARS, 00 HOME MAKER, R/0. D.NO. 2-133, MARELLA, PEDACHERLOPALLI MANDAL, PRAKASAM DISTRICT - 523117. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT SECRETARY, BLJILDINGS, VELAGAPUDLAMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND MAGISTRATE, PRAKASAM DISTRICT, ONGOLE. 3. THE JOINT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 4. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT. 5. THE TAHASILDAR, PONNALUR MANDAL, PRAKASAM DISTRICT 6. THE VILLAGE REVENUE OFFICER, RAVULAKOLLU VILLAGE, PONNALUR MANDAL PRAKASAM DISTRICT. 7. THE VILLAGE REVENUE OFFICER, CHERUKURU VILLAGE, PONNALUR MANDAL PRAKASAM DISTRICT. 8. THE CHERUKURU GRAMA PANCHAYAT, REP.BY ITS SECRETARY, CHERUKURU VILLAGE, PONNALUR MANDAL 2 PRAKASAM DISTRICT ^ secrftary'’^T'"'''^ grama panchayat secretary, ravulakollu village PRAKASAM DISTRICT. 10.THE SUB REGISTRAR, '' PoLIu™ PRTAlL°DSr'''''''^^ 12.MADALA RATTAMMA ABOUT 74 YEARS, VENKUPALOM CHERUKURU REVENUE ' PRAKASAM district-523109 PALEM VILLaS Sa„T“™S,“ PRAKASAM DISTRICT- 523 252 ’ MANDAL. REP.BY ITS PONNALUR MANDAL kandukur, spsr nellore district. STATION, W/0. MADALA VENKATA SUBBAIAH occ HOME MAKER, AND VILLAGE, AGED R/0. D.NO. 2-74, PANCHAYAT PONNALUR MANDAL,’ VILLAGE grama AND VILLAGE, AGED '%Tsro"cr ?o°Esr VENKUPALEM VILLAGE CHERUKURU REVENUE ' PRAKASAM district-523109. AGED ABOUT engineerand business grama R/0. AND PANCHAYAT, PONNALUR MANDAL, VILLAGE, 16. MADALA DHANALAKSHMI ABOUT 34 YEARS. VENKUPALEM CHERUKURU REVENUE PRAKASAM district-523109. ” rOR-cSlT, ™ESWARL., AOED village, VENKUPALEM GRAMA PA„CHAm““"""'''-“ revenue village,PONNALUR W/0. MADALA MOHAN OCCUPATION RAO, AGED HOME MAKER, grama R/0. VILLAGE AND PANCHAYAT PONNALUR MANDAL,’ VILLAGE, CHERUKURU MANDAL, PRAKASAM DISTRICT- 3 523109. ...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 Writ of Mandamus declaring the inaction of the respondents. Specifically 2 to 5 Respondents in not considering and disposing the representations dated 19.06.2025, 21.06.2025, 23.06.2025 made by the petitioner for not conducting enquiry for the lands situated in Cherukuru and Ravulakollu villages for the total extent of 26.66572 acres apart from that the lands in Cherukuru village for the extent of 20.03572 acres, specifically Survey Nos. 54/2B to an extent of 0.7472 acres, 54/4 to an extent of 8.1672 acres, 523/1 to an extent of 3.3172 acres, 49/1 measuring 1.67 acres, 70/1 2.42 acres, 70/3 measuring 0.64 acres, 57 measuring 1.17 measuring 0.85 acres, 45/2 measuring 0.56 acres, 30-6 acres, 23-10A measuring 0.1850 acres and 8-4A measuring 1.39 acres and the extent of 5,24 acres is situated in measuring acres, 38/1 measuring 0.32 Ravulakollu village, fo e Survey Numbers 511 -2 to an extent of 0.02 acres, 511-3A to an extent of 0.92 acres, 512-1A and 512-1B each th measuring 0.42 acres, 511-3B measuring 0.92 acres, 533-2H measuring 0.02 acres, 533-21-1 and 533-21-2 measuring 0.61 and 0.62 acres respectively, and 493-2A measuring 1.29 acres is highly illegal, arbitrary, violation of Principles of Natural Justice and also in violation of Articles 14 and 300-A of the Constitution of India, and consequently direct the for the same subject lands Respondents 2 to 5 to conduct situated in Cherukuru and Ravulakollu villages for the total extent of dated 19.06.202526.66572 acres by considering representations 21.06.2025, 23.06.2025 and to pass such enquiry 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 may be pleased to suspension of entries in all revenue records which were in favour of the 15 and 17 Respondents respective lands situated in Cherukuru and Ravulakollu villages for the total extent of 26.665V2 acres apart from that the lands in Cherukuru village for the extent of 20.035y2 acres, specifically Survey Nos. 54/2B to an extent of 0.7472 acres, 54/4 to an extent of 8.1672 acres, 523/1 to an extent of 3.3172 acres, 49/1 measuring 1.67 acres, 70/1 m^^uring 2.42 acres, 70/3 measuring 0.64 acres, 57 measuring 1.17 acres, 38/1 measuring 0.85 acres, 45/2 measuring 0.56 acres, 30-6 measuring 0.32 acres, 23-1OA measuring 0.1850 acres and 8-4A measuring 1.39 acres and the extent of 5.24 acres is situated in Ravulakollu village, for the Survey Numbers: 511 -2 to an extent of 0.02 acres, 511-3A to an extent of 0.92 acres, 512-1A and 512-1B each acres, 533-2H measuring 0.02 acres, 533-21-1 and 533-21-2 measuring 0.61 and 0.62 acres respectively, and 493-2A measuring 1.29 acres and pass such Counsel for the Petitioner: 1.GUNDALA SIVA PRASADA REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following order: Heard Sri Gundala Siva Prasada Reddy, learned counsel for the petitioner, Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 7 and 10, Sri M.Sudheer, learned Standing counsel for respondents 8 and 9 and learned Assistant Government Pleader for Home for the 11*^ respondent. 2. The notice in respect of the respondents 12 to 17 is dispensed with since no adverse order is passed affecting the right or interest of the respondents 12 to 17. measuring 0.42 acres, 511-3B measuring 0.92 3. The grievance of the petitioner is that the 4*^ respondent is not considering the representation dated 21.06.2025, regarding updation of the Record of Rights. 4. Learned counsel for the petitioner would submit that the petitioner’s brother, Sri Madala Mohan Rao-15‘^ respondent, got his name mutated in respect of the lands during the lifetime of the father by forging the documents. The petitioner made representations dated 19.06.2025, 21.06.2025 and 23.06.2025 (Ex.PI). However, the 4**^ respondent has not considered the same. ■ 5 5. Learned Assistant Government Pleader for Revenue would submit that If any person is aggrieved by updation of the Record of Rights Pattadar Pass Book and Title Deeds, the petitioner has appeal under Section 5(4) of the Andh Pass Books Act, 1971. The representations made by the petitioner appropriate remedy. In reply, learned counsel for the petitioner will file a statutory appeal before the 4*'^ respondent , issuance of the to file a statutory Pradesh Rights in Land and Pattadar ra are not an 6. petitioner would submit that the 7. The A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’) envisaged the maintenance of a Record of Rights and provided for remedies to the aggrieved parties. As per the scheme of the Act, if any person has a claim over any land relating to its entries in the record of rights, he/she must approach the recording authority under Section 4 an application as provided under the Rules. The authority conduct an inquiry, as mandated under Section 5 of the Act and of the Act by making concerned shall the Rules and update the Record of Rights. Thereafter, a Pattadar Pass Book and Title Deed will be issued as per Section 6-A of the Act. 8. If any person is aggrieved by the updation of the Record of Rights, an appeal is provided under Sec 5(4) of the Act, as amended by Act 8 of 2025 to the appellate authority. Such an appeal shall be filed within 30 days from the date of receipt of the order or amendment of RoR. The Division Bench of the composite High Court, on a reference, in Ratnamma Vs Revenue Divisional Officer, Dharamavara m, Anathapur District\ made the legal aspect clear I on the controversy. 9. Rule 21 of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989 (for short ‘the Rules’) outlined thereof prescribed that grounds thereof, and that such appeal shall be filed a procedure for filing an appeal. Sub-rule (2) every appeal shall be in writing and shall set forth the within 60 days of 2015(6) ALD 609 6 communication of the order. Under sub-rule (3), every appeal shall bear a Court fee stamp of Rs.5/-. 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. Thus, when a procedure is prescribed under the Act and the Rules made thereunder. Without adhering to the procedure, the petitioner merely made representations without affixing the stamp or a petition to condone the delay. Since the representations cannot be treated as an appeal, non-consideration of the same by the authority cannot be declared as an illegal act. At this juncture, learned counsel for the petitioner would submit that the petitioner will avail of the remedy available under the Act. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, giving liberty to the petitioner to avail the remedy under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, and the Rules made thereunder by ventilating the grievance. If the petitioner avails of a statutory remedy, the authority shall consider the same by following due procedure. No order as to costs. 10. 11. 12. 13. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat BIjildings, Velagapudi,Amaravathi, Guntur District. 2. The District Collector and Magistrate, Prakasam District, Ongole. 3. The Joint Collector, Prakasam District, Ongole. 4. The Revenue Divisional Officer, Kanigiri, Prakasam District. 5. The Tahasildar, Ponnalur Mandal 6. The Village Revenue Prakasam District. 7. The Village Revenue Prakasam District, Prakasam District Officer, Ravulakollu Village, Ponnalur Mandal Officer, Cherukuru Village, Ponnalur Mandal 8 The Secretary, Cherukuru Ponnalur Mandal Prakasam 9. The Secretary, Ravulakollu Ponnalur Mandal Prakasam Grama Panchayat, Cherukuru Village District. Grama Panchayat, Ravulakollu District. . SPSR Nellore District Ponnalur Police Village 10. The Sub-Registrar, Kandukur 11 • The Station House Officer Station, Ponnalur, Prakasam District 12. One CC to Sri Gundala 13, One CC to Sri M SudhI 14. Two CCS to GP for Revenue 15. TwoCCstoGPfor Home 16. Two CD Copies Siva Prasada Reddy, Advocate ir fSC for ZPP.s mppq ■'-' o; o I High Court of Andhra Pradesh High Court of Andhra Pradesh [OPUC] ! Advocate [OPUCj [OUT] [OUT] TF HIGH COURT DATED:23/07/2025 ORDER WP NO. 18827 OF 2025 DISPOSING OF THE W.P. AT THE STAGE ADMISSION, WITHOUT COSTS OF