Extracted from the PDF above. The PDF is authoritative.
APHC010426402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22083 OF 2025 Between:
1. Choudam Venkata Subbaiah, S/o Late Munaiah, Aged 57 years, Occ Cultivation, R/o H.No.4/8, Uppalur Village, Muddanur Mandal, YSR Kadapa District. 2. Choudam Srikanth, S/o Venkata Subbaiah, Aged 29 years, Occ Cultivation, R/o H.No.4/8, Uppalur Village, Muddanur Mandal, YSR Kadapa District. 3. Choudam Kiran, S/o Venkata Subbaiah, Aged 23 years, Occ Cultivation, R/o H.No.4/8, Uppalur Village, Muddanur Mandal, YSR Kadapa District. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its PrI. Secretary to Govt. Revenue Department, Secretariat, Velagapudi, Guntur. 2. District Collector, YSR District at Kadapa 3.Revenue Divisional Officer, Jammalamadugu Division, YSR Kadapa District. 4. Tahsildar, Muddanur Mandal, YSR District. S.Karnati Maheswara Reddy, S/o Venkata Reddy, Aged 51 years, Occ Cultivation, R/o H.No. 3/19, Gundlathurthi Village, Koilkuntia Mandal, Nandyal 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 pleased to issue a appropriate writ. Order or direction, particularly a WRIT OF
1 X MANDAMUS declaring the action of the respondent No 3 in not declaring the appeal of the petitioners dated 06.06.2025 against mutation of the respondent No 5 name without any notice to them as required under section 5(3) of AP Rights in Land and Pattadar Passbooks Act, 1971 and contrary to the Full Bench decision in Chinnam Pandurangam Vs. Mandal Revenue Officer reported in 2007(6)ALD248 FB for the agricultural lands admeasuring Ac. 1.05 cents belongs to 1®‘ petitioner and Ac. 1.52 cents each of petitioners 2 and 3, in survey No 229-PI of Uppalur Revenue Village, Muddanur Mandal, YSR Kadapa District, as illegal, irregular, irrational, arbitrary, violative of Articles 14 and 21 of Constitution of India and consequently direct the land as respondent No 5 not to alienate the agricultural admeasuring Ac. 1.05 cents belongs to 1st petitioner and Ac. 1.52 cents each of petitioners 2 and 3, in survey No 229-PI of Uppalur Revenue Village, Muddanur Mandal District, pending appeal before the 3'"' respondent.
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 respondent No: 5 not to alienate the agricultural land admeasuring Ac. 1.05 cents belongs to 1^^ petitioner and Ac. 1.52 cents each of petitioners 2 and 3, in survey No; 229-PI of Uppalur Revenue Village, Muddanur Mandal, YSR Kadapa District, pending appeal before the 3'^^ respondent, pending disposal of the above writ petition. Counsel for the Petitioners: M/s. KODATI RAMYA KRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
ft APHC010426402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22Q83/2n?fi [3330] i.r Between:
1.CHOUDAM VENKATA SUBBAIAH, SJO LATE MUNAIAH AGED 57 YEARS, OCC CULTIVATION, R/0 HNO 4/8, UPPALUR VILLAGE, MUDDANUR MANDAL, YSR KADAPA DISTRICT 2.CHOUDAM SRIKANTH, S/0 VENKATA SUBBAIAH, AGED 29 YEARS, OCC CULTIVATION, R/0 HNO 4/8, UPPALUR VILLAGE, MUDDANUR MANDAL, YSR KADAPA DISTRICT 3.CHOUDAM KIRAN, S/0 VENKATA SUBBAIAH, AGED 23 YEARS, OCC CULTIVATION, R/0 HNO 4/8, UPPALUR VILLAGE, MUDDANUR MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT GUNTUR. 2. DISTRICT COLLECTOR, YSR DISTRICT AT KADAPA
3. REVENUE DIVISIONAL GOVT VELAGAPUDI, OFFICER DIVISION YSR KADAPA DISTRICT. 4.TAHSILDAR, MUDDANUR MANDAL, YSR DISTRICT. 5.KARNATI MAHESWARA REDDY, S/0 VENKATA REDDY AGED 51 YEARS, OCC CULTIVATION, R/0 HNO 3/I9’ VILLAGE, KOILKUNTIA MANDAL NANDYAL DISTRICT. JAMMALAMADUGU ...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 appropriate writ. Order or direction particularly a WRIT OF MANDAMUS declaring the action of the deciding the appeal of the petitioners dated 95^06.2025 against mutation of the respondent No 5 name without any notice to them as required under section 5(3) of AP Rights in Land and Pattadar Passbooks Act, 1971 and contrary to the Full Bench decision
a 2 2007(6)ALD248^FB^To^r^thP^^ Mandal Revenue Officer reported in cents belono.
to IV '^nds admeasuring Ac 1 05 and 3“ survlyNo'22rP?;run^"/ 2 Mandal YBR . ^ ^PPalur Revenue Village, Muddanur vtS oTArticfetf^an" TofCon^^r'; direct thn lanH ao 9 21 of Constitution of India and consequently admeasuring Ac. lol^^entTbetongs^to 'pefflone^and Ac'Tk cents each of petitioners 2 and 3, in survey No 229 PI of linn P P-dlng aULS pass lA NO: 1 OF 20?.5 Petition under Section 151 CPC i stated in the affidavit filed in support of the oetition thp Hinh r aiHr5??“ ;o a,ien£he Uppalur Revrue' tll'ag:! Edda^fMandal' 'YirK'ad'l°pa'Dfe"'icf arrirS^to'^"^ Pendfag^-lTthl praying that in the circumstances pass Counsel for the Petitioner(S):
1.KODATI RAMYA KRISHNA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the follnwing-
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 22083 of 2025
ORDER: The 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 action of the respondent not deciding the appeal of the petitioners dated No. 3 in 06.06.2025 against mutation of the respondent No. 5 name without any notice to them as required under section 5(3) of AP Rights in Land and Pattadar Passbooks Act, 1971 and contrary to the Full Bench decision in Chinnam Pandurangam Vs. Mandal Revenue Officer reported in 2007(6)ALD248 FB for the agricultural lands admeasuring Ac. 1.05 cents belongs to P petitioner and Ac. 1.52 cents each of petitioners 2 and 3, in No 229-PI of Uppalur Revenue Village, Muddanur survey Mandal, YSR Kadapa District, as illegal, irregular, irrational, arbitrary, violative of Articles 14 and 21 of Constitution of India and consequently direct the land as respondent No. 5 not to alienate the agricultural admeasuring Ac.1.05 cents belongs to petitioner and Ac.1.52 cents each of petitioners 2 and 3, in survey No 229-PI of Uppalur Revenue Village, Muddanur Mandal District, pending appeal before the 3""' respondent and to pass such other order or orders may deem fit and proper in the circumstances of the case. 2. The petitioners assert that the revenue authorities acknowledged their possession of the land and subsequently issued pattadar passbooks and title deeds in their names. To support their claim, the petitioners submitted copies of the pattadar passbooks and adangals issued to them along with the writ petition. The petitioners also contend that the S'*" respondent is not related to their family. Based on the family tree provided by the Village Revenue Officer of Gulladurthi Village, a civil suit, O.S.No.145 of 2016, was filed by the
4 th th respondent, which resulted in dismissal. The 5 father of the 5 respondent has initiated another suit for a declaration of title, which is currently pending. Meanwhile, the 5*^ respondent submitted an application to the 4*^ respondent for mutation of his name. Due to the 5'^ respondent’s political influence, the authorities changed the name in the records without notice or adherence to due process contradicting the ruling of the High Court in Chinnam Pandurangam vs. Mandal Revenue Officer reported in 2007 (6) ALD 248 FB. 3.
After arguing the matter for some time, the learned counsel for the petitioners has suggested and that it would suffice to direct the appellate authority to dispose of the appeal as expeditiously as possible. In that regard, the writ petition can be concluded.
Learned counsel also relies on the following judgments, dated 02.07.2025 passed by this Court in W.P.No.15904 of 2025 and W.P.No.16192 of 2025 for early disposal of the writ petition.
4. Learned Assistant Government Pleader for Revenue appearing for respondent authorities requested reasonable time for disposal of the appeal in accordance with law.
5. The
submissions from both the
learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue have been considered. Without addressing the writ petition on merits, this Court finds it appropriate to dispose of the writ petition by instructing the appellate authority to address or dispose of the
5 appeal, dated 06.06.2025, submitted by the petitioners. The authorities should provide an opportunity for affected parties to be heard and issue appropriate orders in accordance with the law, as expeditiously as possible, not later than three months from the date of the order is received. The unofficial 5’^ respondent is further directed not to create any third party rights in respect of the subject property of the petitioners, till the disposal of the appeal. r
6. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed.
Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// v\ SECTION OFFICER To,
1. The PrI. Secretary to Govt. Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur.
2. The District Collector, YSR District at Kadapa.
3. The Revenue Divisional Officer, Jammalamadugu Division YSR Kadapa District. ^
4. The Tahsildar, Muddanur Mandal, YSR District.
5. One CC to M/s. Kodati Ramya Krishna, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUTl
7. Two CD Copies RAM
■5’ HIGH COURT DATED:21/08/2025 || 2 0 SEP 2025 Current Section ^H^SPATCVrtS-
ORDER WP.NO. 22083 OF 2025 .9 disposing of the wp WITHOUT COSTS