APHC010008512020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: Kommineni Muddu Krishnam Naidu and others The State of Andhra Pradesh and others Counsel for the Petitioners: 1. Sreenivasa Rao Velivela Counsel for the Respondents: 1. GP for Revenue (AP) 2. V R Reddy Kovvuri The Court made the following order: Challenging the action of the respondents Nos.2 and 3 in mutating the names of the unofficial respondent Nos.5 to 13 the petitioners in respect of the land admeasuring Ac.5.04 cents in Sy.No.803, Ac,0.68 cents in Sy.No.810 Sy.No.812, Ac.4.30 cents in Sy.No.818 and Ac.4.24 cents in Sy.No.819 of Kammavaripalli, Dirasavancha Revenue Village, Brahmmamgarimattam Mandal, YSR Kadapa District, the instant writ petition is filed. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 677/2020 Kommineni Muddu Krishnam Naidu and others ...Petitioners AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioners: Sreenivasa Rao Velivela Counsel for the Respondents: The Court made the following order: Challenging the action of the respondents Nos.2 and 3 in mutating the respondent Nos.5 to 13, by the deleting the names of the petitioners in respect of the land admeasuring Ac.5.04 cents in Sy.No.803, Ac,0.68 cents in Sy.No.810-1, Ac.2.62 cents in Sy.No.811, Ac.0.17 cents in Sy.No.812, Ac.4.30 cents in Sy.No.818 and Ac.4.24 cents in Sy.No.819 of Kammavaripalli, Dirasavancha Revenue Village, Brahmmamgarimattam Mandal, YSR Kadapa District, the instant writ petition is filed. IN THE HIGH COURT OF ANDHRA PRADESH [3458] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioners ...Respondents Challenging the action of the respondents Nos.2 and 3 in mutating the by the deleting the names of the petitioners in respect of the land admeasuring Ac.5.04 cents in Sy.No.803, 1, Ac.2.62 cents in Sy.No.811, Ac.0.17 cents in Sy.No.812, Ac.4.30 cents in Sy.No.818 and Ac.4.24 cents in Sy.No.819 of Kammavaripalli, Dirasavancha Revenue Village, Brahmmamgarimattam 2. Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 and Sri V.R.Reddy Kovvuri, learned counsel appearing for the respondent Nos.5 to 13. 3. It is contended that the petitioners have inherited the subject property from their ancestors and, after their lifetime, obtained the pattadar passbook and title deed for the subject land in their names. 4. It is stated that in 2015, the 4th respondent entered the names of the unofficial respondent Nos. 5 to 13 in the online Adangal without issuing any notice to the petitioners. 5. Seeking deletion of these entries, the petitioners approached the 4th respondent. Pursuant to their applications dated 03.09.2015 and 02.12.2017, notices were issued to the unofficial respondents, requiring them to appear on the respective dates mentioned in the notice. However, the enquiry has not been concluded, prompting the petitioners to file the present writ petition. 6. The 4th respondent filed a counter affidavit, stating that a Civil Suit is pending in O.S.No.286 of 2019, on the file of the Principal Junior Civil Judge, Badvel, filed by the petitioners against respondent Nos.5 to 13. On account of the same, the web land Adangals for the said survey number are kept pending, showing the pattadar name and patta details as “pending”. 7. In the counter affidavit, the 4th respondent has shown a tabular statement showing the RSR (Revenue Survey Records) of the village, containing the name of the patta holders. The said table shows the ancestors of the petitioners as the original patta holders. 8. Sri V.R. Reddy Kovvuri, learned counsel appearing for respondent Nos.5 to 13, contends that since a Civil Suit is pending between the parties, any observations made herein would be taken into account in the suit proceedings. He further submits that the petitioners in support of their contention that their names were existing at earlier point of time, have not produced any copies of the Manual Adangal maintained by the office of the Mandal Revenue Officer (MRO), showing the names of the petitioners. It is further argued that till disposal of the civil suit, the issue may be kept pending, as the MRO has already kept the status as “pending”. 9. Considered the rival submissions, the petitioners were issued pattadar passbooks as far back as 1995, which have not been cancelled. However, the revenue records were modified deleting the names of the petitioners and the names of the unofficial respondent Nos.5 to 13, were entered, without issuing notice to the petitioners. It is incumbent on the part of the 4th respondent to issue notice to the petitioners under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971. 10. In view of the same, the 4th respondent is directed to complete the enquiry initiated vide notice dated 03.09.2015, by giving a notice afresh to both the petitioners and the unofficial respondents and pass appropriate orders. The entire exercise shall be completed within three months from the date of receipt of this order. The petitioners and unofficial respondents are at liberty to submit evidence(s) and documents, if any in support of their claim. 11. The learned counsel for the unofficial respondents pleads for observing that any entries now made in the revenue records would subject to result in the Civil Suit. This Court is of the view that the entries in revenue records would not decide the title of the respective parties over the land. 12. With the above observation, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.02.2025 BSK 131 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 677/2020 Date: 17.02.2025 BSK