APHC010484622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NOs: 24652 and 24700 of 2025 W.P.No.24652 of 2025 Between: 1. V VENKATAMMA, W/O. LATE VENKATAPPA, AGED ABOUT 64 YEARS, OCC. CULTIVATION, R/O.THAMBIGANIPALLE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM, CHITTOOR DISTRICT. 4. THE TAHSILDAR, KUPPAM MANDAL, CHITTOOR DISTRICT. 5. V VIJAYA LAKSHMI, W/O.DEVARAJULU, R/O. PEDDA BANGANATHAM VILLAGE, KUPPAM MANDAL, CHITTOOR 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 more particularly one in the nature of 'Writ of Mandamus' declaring the impugned Endorsement in L.Dis. A/283/2025, dated Nil.09.2025 of the 3rd respondent-Revenue Divisional Officer, Kuppam, Chittoor District as illegal, unjust, arbitrary, voilative of Articles 14, 300-A of the Constitution of India, contrary to law, void, utter violation of principles of natural justice. Contrary to the provisions The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2023 and accordingly set aside the same, consequently the respondents be directed to Restore the assignment 2 Patta, DKT No. 1120/4/87 for the land to an extent of Ac. 1.67 cents in Sy.No. 17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, in favour of the petitioner, forthwith. 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 to stay all further proceedings pursuant to the impugned Endorsement in L. Dis.A/283/2025, dated Nil. 09.2025 of the 3rd respondent-Revenue Divisional Officer, Kuppam, Chittoor District, including disbursement of compensation/ex-gratia to the 5th respondent in respect of the land to an extent of Ac. 1.67 cents in Sy.No.17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, Kuppam Mandal, Chittoor District, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. S V MUNI REDDY Counsel for the Respondent(S): 1. KODE RAMESH BABU 2. GP FOR REVENUE WRIT PETITION NO: 24700/2025 Between: 1. V VENKATAMMA, W/O. LATE VENKATAPPA, AGED ABOUT 64 YEARS, OCC CULTIVATION, R/O.THAMBIGANIPALLE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM, CHITTOOR DISTRICT. 4. THE TAHSILDAR, KUPPAM MANDAL, CHITTOOR DISTRICT. 5. V VIJAYA LAKSHMI, W/O.DEVARAJULU, R/O. PEDDA BANGANATHAM VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S) 3 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly the action of the 4th respondents, in cancelling the assignment patta, granted vide DKT No. 1120/4/87, to an extent of Ac.1.67 cents in Sy. No. 17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, Kupaam Mandal, Chittoor District, vide proceedings. Roc.B/401/2011, dated 17.03.2012 and assigning the land, to an extent of Ac. 1.67 cents in Sy.No. 17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, to the 5th respondent, vide DKT No. 239/4/1422, without notice to the petitioner/grantee, behind the back of the petitioner/original assignee, as illegal, unjust, arbitrary, voilative of Articles 14, 300-A of the Constitution of India, contrary to law, void, utter violation of principles of natural justice, consequently the respondents be directed to Restore the assignment patta, DKT No. 1120/4/87, for the land to an extent of Ac. 1.67 cents in Sy.No. 17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, in favour of the petitioner, forthwith, and to 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 to direct the respondents not to dispossess the petitioner from the land to an extent of Ac. 1.67 cents in Sy.No. 17/2 of 154, Ekarlapalle Revenue Village, Pedda Bagarunatham, by suspending cancellation of assignment patta. granted vide DKT No. 1120/4/87, vide proceedings, Roc. B/401/2011, dated 17.03.2012, assigning the land to the 5th respondent, vide DKT No. 239/4/1422, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. S V MUNI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NOs. 24652 and 24700 of 2025 COMMON ORDER: W.P.No.24652 of 2025 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 more particularly one in the nature of 'Writ of Mandamus' declaring the impugned Endorsement in L.Dis. A/283/2025, dated Nil.09.2025 of the 3rd respondent-Revenue Divisional Officer, Kuppam, Chittoor District as illegal, unjust, arbitrary, voilative of Articles 14, 300-A of the Constitution of India, contrary to law, void, utter violation of principles of natural justice. Contrary to the provisions The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2023 and accordingly set aside the same, consequently the respondents be directed to Restore the assignment Patta, DKT No.1120/4/87 for the land to an extent of Ac. 1.67 cents in Sy.No. 17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, in favour of the petitioner, forthwith and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case”. W.P.No.24700 of 2025 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 more particularly one in the nature of 'Writ of Mandamus' declaring the inaction of the respondents, particularly the action of the 4th respondent, in cancelling the assignment patta, granted vide DKT No.1120/4/87, to an extent of Ac.1.67 cents in Sy.No.17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, Kuppam Mandal, Chittoor District vide proceedings Roc.B/401/2011, dated 17.03.2012 and assigning the land, to an extent of Ac.1.67 cents in Sy.No.17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, to the 5th respondent vide DKT No.239/4/1422, without notice to the petitioner/grantee, behind the back of the petitioner/original assignee, as illegal, unjust, arbitrary, violative of Articles 14, 300-A of the Constitution of India, contrary to law, void, utter violation of principles of natural justice and consequently the respondents be directed to restore the assignment patta in DKT No.1120/4/87, for the subject land in favour of the petitioner, forthwith and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case”. 5 2. Since the parties and the issue involved in these writ petitions are one and the same, these writ petitions are being disposed of by way of this common order. 3. Heard the learned counsel for the petitioner and the learned respective counsels for the respondents. 4. It is the case of the petitioner that the respondent authorities have issued DKT patta in the name of the petitioner’s husband in the year 1977 in respect of the land to an extent of Ac.1.67 cents in Survey No.17/2 of 154 Ekarlapalle Revenue Village, Pedda Bagarunatham, Kuppam Mandal and since then, they are in possession and enjoyment of the property. On knowing that the revenue authorities have canceled the patta granted in favour of the petitioner’s husband, the petitioner has issued legal notice, dated 02.07.2025 to the respondent authorities, then, the 3rd respondent/Revenue Divisional Officer has issued endorsement, dated - .09.2025 stating that the patta granted in favour of the husband of the petitioner was canceled by the then Tahsildar and assigned the subject land to the 5th respondent in the year 2012 and since then the 5th respondent is in possession and the petitioner is no way concerned with the property. 5. It is the grievance of the petitioner that the 4th respondent cancelled the patta granted in favour of the petitioner’s husband without following the due process of law and without issuing notice to the petitioner and the Tahsildar is not competent authority to cancel the patta. 6 6. Learned State Counsel would submit that after due procedure of law, the patta granted in favour of the petitioner’s husband was cancelled and issued patta in favour of the unofficial 5th respondent herein. 7. There is a dispute with regard to the cancellation of patta issued in favour of the petitioner’s husband and the revenue records stand in the name of the unofficial respondent, moreover, the legal contention of the petitioner’s counsel is that the Tahsildar is not the competent authority to cancel the patta. 8. Under these circumstances, this Court is inclined to dispose of this writ petition with a direction to the 3rd respondent to refer the matter to the competent authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and till disposal of the matter, the respondent authorities are directed not to disburse the compensation amount. 9. With the above direction, the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in these Writ Petitions shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 15.09.2025 SPP 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.Nos. 24652 and 24700 of 2025 Date: 15.09.2025 SPP