APHC010424612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) mu 7 rV.UMT k \ iX I \ u.' \\ THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST I TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22305 OF 2025 ? ft <?> Q. i.v / i 'v. r N .r V Between: Chilaka Malleswara Rao, S/o. Yalamanda Aged about 53 Cultivation, Palnadu District. years, Occ; Amaravathi Mandal, R/o. Chavapadu village, Yendrai Post j j ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Guntur District. 2. District Collector, Guntur District. 3. Tahsildar, Amaravathi Mandal, Palnadu District. 4. Chilaka Rani, W/o. Balashoury Late, (Ac.0.35 cents) Aged about 55 years, Occ: House wife, Amaravathi Mandal, Palnadu District. 5. Chilaka Mukkaiah, S/o.Anthony, (Ac 0.65 cents) Aged about 48 Occ;Cultivation, Mandal, Palnadu District. 6. Ravela Shouramma, W/o. Ravela Sivaiah, Aged about 57 years, Occ; Cultivation, R/o. Ravela Village, Tadikonda Mandal, Guntur District ...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 Revenue R/o. Chavapadu Village, Yendrai Post > years, R/o. Chavapaduvillage, Yendrai Post, Amaravathi j pleased to issue a appropriate writ. Order or direction, particularly a WRIT OF MANDAMUS declaring the notice of the respondent in R.C.No. 395/2025- DT dated 23.07.2025 thereby directing petitioner to appear before him for conducting enquiry for cancellation of Pattadar Passbooks of the petitioners agricultural land in Survey No. 246 admeasuring Ac.0.25 cents of Yendrai Revenue Village Amaravathi Mandal, Palnadu District, as illegal, irregular, irrational, arbitrary, violative of Articles 14 and 21 of Constitution of India and contrary to the decision of Ratnamma Vs. Revenue Divisional Officer of the Hon'ble High Court at Hyderabad and consequently grant stay of operation of notice of 3^^ respondent in R.C.No. 395/2025-DT dated 23.07.2025 as without jurisdiction and contrary to the decision of decision of Ratnamma Vs. Revenue Divisional Officer of the Hon'ble High Court at Hyderabad. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay of operation of notice of 3^*^ respondent in R.C.No: 395/2025-DT dated 23.07.2025 as without jurisdiction and contrary to the decision of decision of Ratnamma Vs. Revenue Divisional Officer of the Hon’ble High Court at Hyderabad. Counsel for the Petitioner: SRI M. SOLOMON RAJU Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent Nos.4 to 6 : NONE APPEARED The Court made the following order: V APHC010424612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SM0 [3330] THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22305/2025 Between: 1.CHILAKA MALLESWARA RAO. S/0 YALAMANDA, AGED ABOUT 53 YEARS, OCC:CULTIVATION. R/O.CHAVAPADU VILLAGE, YENDRAI POST, AMARAVATHI MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, GUNTUR DISTRICT. 3.TAHSILDAR, AMARAVATHI MANDAL, PALNADU DISTRICT. 4.CHILAKA RANI, W/0 BALASHOURY LATE, (AC.0.35 CENTS) AGED ABOUT 55 YEARS. OCC:HOUSE WIFE, R/O.CHAVAPADU VILLAGE, YENDRAI POST, AMARAVATHI MANDAL, PALNADU DISTRICT. 5.CHILAKA MUKKAIAH, S/O.ANTHONY. (Ac.0.65 CENTS), AGED ABOUT 48 YEARS, OCC.CULTIVATION, R/O.CHAVAPADUVILLAGE, YENDRAI POST, AMARAVATHI MANDAL, PALNADU DISTRICT. 6.RAVELA SHOURAMMA, W/0 RAVELA SIVAIAH, AGED ABOUT 57 YEARS. OCC. CULTIVATION, R/0 RAVELA VILLAGE, TADIKONDA MANDAL, GUNTUR 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 issue an appropriate writ, order or direction, particularly a WRIT OF MANDAMUS declaring the notice of the 3'''‘ respondent in R.C.No.395/2025-DT dated 23.07.2025 thereby directing petitioner to appear before him for conducting enquiry for cancellation of Pattadar Passbooks of the petitioner's agricultural land in Survey No.246 admeasuring Ac.0.25 cents of Yendrai Revenue 2 Village Amaravathi Mandal, Palnadu District, as illegal, irregular rrational arbitrary, violative of Articles 14 and 21 of Constitution \n6\a and contrary to the decision of Ratnamma Vs. Revenue Divisional Officer of the Hon'ble High Court at Hyderabad and consequently grant stay of operation of notice of 3'" respondent in mntra°’ f 23.07.2025 as without jurisdiction and contrary to the decision of decision of Ratnamma Vs. Revenue Divisional Officer of the Hon'ble High Court at Hyderabad and pass lANOilOF 2025 of stated n ^ f''® circumstances mil he P®*'*'®"' High Court R C lli 395/S2l°nT^H f7 respondent in clntralv in tif d Jurisdiction and contrary to the decision of decision of Ratnamma Vs RpvPm.P Divisional Officer of the Hon’ble High Court at Hyderabad and pass Counsel for the Petitioner: 1.M SOLOMON RAJU Counsel for the Respondent(S)- 1.GP FOR REVENUE The Court made the follnwinr^- THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 22305 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate writ, order or direction, particularly a WRIT OF MANDAMUS declaring the notice of the 3'^ respondent in R.C.No.395/2025-DT dated 23.07.2025 thereby directing petitioner to appear before him for conducting enquiry for cancellation of Pattadar Passbooks of the petitioner's agricultural land in Survey No. 246 admeasuring Ac. 0.25 cents of Yendrai Revenue Village, Amaravathi Mandal, Palnadu District, as illegal, irregular, irrational, arbitrary, violative of Articles 14 and 21 of Constitution of India and contrary to the decision of Ratnamma Vs. Revenue Divisional Officer of the Hon'ble High Court at Hyderabad and consequently grant stay of operation of notice of 3''^ respondent in R.C.No. 395/2025-DT dated 23.07.2025 as without jurisdiction and contrary to the decision of Ratnamma \/s. Revenue Divisional Officer of the Hon'ble High Court at Hyderabad and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case’’. rd The respondents 4 to 6 herein filed an application to the 3 respondent/Tahsildar to delete the name of the petitioner herein in the revenue records pertaining to the land in an extent of Ac.0.25 cents in Survey No.246 situated at Yendrai Revenue Village, Amaravathi Mandal, Palnadu District and to mutate their names. Basing upon the said application, the 3''^ respondent/Tahsildar has issued notice, dated 23.07.2025 directing the petitioner herein to approach him for enquiry with all relevant documents and pattadar passbooks. The said notice was assailed in the present writ petition on the ground that the subject property belongs to the petitioner, which is devolved through 2. 4 inheritance and the respondents 4 to 6 have no way concerned with the subject property and the said notice is contrary to Section 6(9) of the A.P.Rights in Land and Pattadar Passbooks Act, 1971, wherein the respondents have not stated reasons for deleting the name of the petitioner and to mutate the name of the respondents 4 to 6 herein. Hence, prayed to set aside the said notice, dated 23.07.2025. On the other hand, learned Assistant Government Pleader for Revenue would submit that basing on the application made by the unofficial respondents, the 3'"' respondent/Tahsildar has issued the impugned notice and the petitioner has submitted his explanation to the said notice, dated 23.07.2025 and the same will be considered in accordance with law and appropriate orders will be passed. 3. Learned counsel for the petitioner would submit that the 3 respondent will forcibly delete the name of the petitioner herein and sought protection from this Court. 4. Considering the submissions of both the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, this Court has decided to dispose of this writ petition, at the admission stage, with the agreement of both parties. The Court directs the 3^*^ respondent/Tahsildar to carefully consider the explanation provided by the petitioner and to issue appropriate orders in accordance with the law, following an opportunity for the petitioner to be heard. Until that process is complete, the 3"'^ respondent is directed not to take any 5. —n 5 coercive action to remove the petitioner’s name from the revenue records. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// KSECTION OFFICER To, 1. The Principal Secretary Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Guntur District. 3. The Tahsildar, Amaravathi Mandal, Palnadu District. 4. One CC to Sri M. Solomon Raju, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Revenue Department, State of Andhra Cnr HIGH COURT DATED:28/08/2025 ORDER WP NO. 22305 OF 2025 *( 0 <1 SEP 2025 Co Sectjgpxvy DISPOSING OF THE W.P. WITHOUT COSTS