\ \h APHC010519962022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 32310 OF 2022 Between: 1. G Hampaiah, s/o Late Kurra Kristappa, Aged 70 Years, Occ: Cultivation, R/o Ontimiddi (v), KaJyanadurgam (M), Anantapur District 2. G.Thippeswamy, s/o Golla Narayanappa, Aged 55 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District 3. G.Gopal, s/o Golla Narayanappa, Aged 49 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District 4. G.Lakshmi Kanthamma, w/o Golla Easwarappa, Aged 55 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue Secretariat, Velagapudi, Guntur District 2. The Joint Collector, Anantapur, Anantapur District 3. The Revenue Divisional Officer, Kalyanadurgam, Anantapur District 4. The Tahsildhar, Kalyanadurgam Mandal, Anantapur District 5. Y Obulamma, w/o Y.Narayana Reddy, Aged 48 Years, Occ: Cultivation, Rio Ontimiddi (v), Kalyanadurgam (M), Anantapur District 6. Y Neelakantha, s/o Y.Narayana Reddy, Aged 23 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District ...Respondents w Hi 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 or Order more particularly one in the nature of Writ of Mandamus declaring Proceedings D.Dis.No.868/2018/C3 dt.22.04.2022 issued by the Revenue Divisional Officer Kalyanadurgam, Anantapur District there by issuing direction to Tahsildhar, Kalyanadurgam Mandal for deleting names in Web Land Adangal with respect to Petitioners' respective Agriculture Lands each admeasuring an extent of Ac 6-62 Cents, Ac 1-14 Cents, Ac 2-31 Cents, Ac 4-62 Cents in Survey Number 250 of Kalyanadurgam (v), Kalyanadurgam (M), Anantapur District as confirmed by the Endorsement Rc.No.2408/2022/Co-Ordn.ROR dt.07.07.2022 issued by The Joint Collector, Anantapur District there by issuing direction to Petitioners herein to invoke Provisions of Dotted Land Act 2017 as illegal, arbitrary, against principles of natural justice and set aside the same and consequently direct the Respondents 2 to 4 to restore the names of Petitioners in Web Land with respective Katha Numbers 704, 1047, 1048, 1718 with respect Agriculture Lands each admeasuring an extent of Ac 6-62 Cents, Ac 1-14 Cents, Ac 2-31 Cents, Ac 4-62 Cents in Survey Number 250 of Kalyanadurgam (v), Kalyanadurgam (M), Anantapur District. lA NO: 1 OF 2022 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 2 to 4 to restore the names of Petitioners in Web Laid with respective Katha Numbers 704, 1047, 1048, 1718 with respect Agriculture Lands each admeasuring an extent of Ac 6-62 Cents, Ac 1-14 Cents, Ac 2-31 Cents, Ac 4-62 Cents in Survey Number 250 of Kalyanadurgam (v), Kalyanadurgam (M), Anantapur District by suspending the operation of Proceedings D.Dis.No.868/2018/C3 dt.22.04.2022 issued by the Revenue Divisional Officer: Kalyanadurgam, Anantapur District. ii lA NO: 1 OF 2023 Between: The Joint Collector, Anantapur, Anantapur District ...Petitioners/Respondents-2 in WP No.32310/2022 AND G Hampaiah, s/o Late Kurra Kristappa, Aged 70 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District G.Thippeswamy, s/o Golla Narayanappa, Aged 55 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District G.Gopal, s/o Golla Narayanappa, Aged 49 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District G.Lakshmi Kanthamma, w/o Golla Easwarappa, Aged 55 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), Anantapur District ...Respondents/Writ Petitioners The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue Secretariat, Velagapudi, Guntur District The Revenue Divisional Officer, Kalyanadurgam, Anantapur District The Tahsildhar, Kalyanadurgam Mandal, Anantapur District Y Obulamma, w/o Y.Narayana Reddy, Aged 48 Years, Occ: Cultivation, Rio Ontimiddi (v), Kalyanadurgam (M), Anantapur District Y Neelakantha, s/o Y.Narayana Reddy, Aged 23 Years, Occ: Cultivation, R/o Ontimiddi (v), Kalyanadurgam (M), AnantapurDistrict 1. 2. 3. 4. 5. 6. 7. 8. 9. ...Respondents/ Respondents 1,3-6 in WP No. 32310/2022 (Respondents No. 5 -9 are formal party in this petition) 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 vacate the interim orders dt 30-09-2022 in WP 32310/2022 and to dismiss the writ petition. Counsel for the Petitioners: SRI N CHANDRA SEKHAR REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 & 6: SRI MANOHAR REDDY MALLASANI The Court made the following order; 1 APHC010519962022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.32310/2022 Between: 1.G HAMPAIAH, S/0 LATE KURRA KRISTAPPA, AGED 70 YEARS, OCC CULTIVATION, RIO ONTIMIDDI (V), KALYANADURGAM (M), ANANTAPUR DISTRICT 2.G.THIPPESWAMY, S/0 GOLLA NARAYANAPPA, AGED 55 YEARS, OCC CULTIVATION, RIO ONTIMIDDI (V), KALYANADURGAM (M), ANANTAPUR DISTRICT 3.G.GOPAL, S/0 GOLLA NARAYANAPPA, AGED 49 YEARS, OM CULTIVATION, R/0 ONTIMIDDI (V), KALYANADURGAM (M), ANANTAPUR DISTRICT 4-.G.LAKSHMI KANTHAMMA, W/0 GOLLA EASWARAPPA, AGED 55 YEARS, OCC CULTIVATION, RIO ONTIMIDDI (V), KALYANADURGAM (M), ANANTAPUR DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT f 2 2.THE JOINT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, KALYANADURGAM,ANANTAPUR DISTRICT 4.THE TAHSILDHAR, KALYANADURGAM MANDAL ANANTAPUR DISTRICT 5.Y OBULAMMA, W/0 Y.NARAYANA REDDY, AGED 48 YEARS, OCC CULTIVATION, RIO ONTIMIDDI (V), KALYANADURGAM (M), ANANTAPUR DISTRICT 6.Y NEELAKANTHA, S/0 Y.NARAYANA REDDY, AGED 23 YEARS, OCC CULTIVATION, R/0 ONTIMIDDI (V), KALYANADURGAM (M), ANANTAPUR 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 topleased to issue a Writ or Order more particularly one in the nature of Writ of Mandamus declaring Proceedings D.Dis.No.868/2018/C3 dt.22.04.2022 issued by the Revenue Divisional Officer Kalyanadurgam, Anantapur District there by issuing direction to Tahsildhar, Kalyanadurgam Mandal for deleting names in Web Land Adangal with respect to Petitioners' respective Agriculture Lands each admeasuring an exten of Ac 6-62 Cents, Ac 1-14 Cents, Ac 2-31 Cents, Ac 4-62 Cents in Survey Number 250 of Kalyanadurgam (v), Kalyanadurgam (M), Anantapur District as confirmed by the Endorsement Rc.No.2408/2022/Co-Ordn.ROR dt.07.07.2022 issued by The Joint Collector, Anantapur District there by issuing direction to Petitioners herein to invoke Provisions of Dotted Land Act 2017 as illegal, arbitrary, against principles of natural justice and set aside the same and consequently direct the Respondents 2 to to restore the names of Petitioners in Web Land with respective Katha Numbers 704, 1047, 1048, 1718 with respect Agriculture Lands each admeasuring an extent of Ac 6-62 Cents, 3 Ac 1-14 Cents, Ac 2-31 Cents, Ac 4-62 Cents in Survey Number 250 of Kalyanadurgam (v), Kaiyanadurgam (M), Anantapur District and to pass lA NO: 1 OF 2022 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Hon'ble Court may direct the Respondents 2 to 4 to restore the names of Petitioners in Web Laid with respective Katha Numbers 704, 1047, 1048, 1718 with respect Agriculture Lands each admeasuring an extent of Ac 6-'62 Cents, Ac 1-14 Cents, Ac 2-31 Cents, Ac 4-62 Cents in Survey Number 250 of Kalyanadurgam (v), Kalyanadurgam (M), Anantapur District by suspending the operation of Proceedings D.Dis.No.868/2018/C3 dt.22.04.2022 issued by the Revenue Divisional Officer: Kalyanadurgam, Anantapur District and pass lA NO: 1 OF 2023 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 Pleased to vacate the interim orders dt 30-09-2022 in WP 32310/2022 and to dismiss the writ petition Counsel for the Petitloner{S): Petition under Section 151 CPC 1.N CHANDRASEKHAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.MANOHAR REDDY MALLASANI The Court made the following: HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No.32310 of 2022 ORDER:- The present writ petition is filed questioning the endorsement dated 07.07.2022 issued by the 2^^ respondent where under, the petitioner and respondent Nos.5 & 6 were granted liberty to file application afresh under Dotted Land Act, .2017 before the respondent while dismissing the revision petition filed by the petitioner and also the order dated 22.04.2022 passed by the 3"'^ respondent whereunder the pattadar pass books issued in favour of the petitioners are set aside. The facts leading to the case on hand are as follows. The petitioners claims that they are absolute owners and possessors of land admeasuring to an extent of Ac.6.62 cents, Ac.1.14 cents, 2.31 cents and 4.62 cents in Sy.No.250 of Kalyanadurgam Village and Mandal, Anantapur District. 1. 2. It is further case of the petitioners that respondent Nos.5 & 6 filed suit for permanent injunction in OS No.42 of 2006, the file of Junior Civil Judge, Kalyanadurgam against the 3. on 5 petitioners over the lands in dispute. It is the case of the petitioner that the said suit was dismissed upon contest. It is further case of the petitioners that the 4 respondent having recognized the ownership and possession of the petitioners in respect of subject lands mutated their names in revenue records and issued pattadar pass books and title deeds in their favour. The respondents filed appeal before the 3^*^ respondent questioning the issuance of pattadar pass books and title deeds in favour of the petitioners. After hearing the parties, the 3'^^ respondent by order dated 22.04.2022 allowed the appeal filed by the respondent Nos.5 & 6. th 4. It is further case of the petitioners that they preferred a revision petition under Section 9 of Act 26 of 1971 before the 2^^ respondent, which came to be dismissed by impugned endorsement dated 07.07.2020, whereby and where under the 2"^ respondent directed the parties to file application afresh under Dotted Lands Act, 2017 before the Tahsildar concerned. 5. 6. Heard counsel for the petitioner, learned Government Pleader for Revenue and counsel for respondent NOS.5&6. 6 Perused material available on recorcT. 7. It is not in dispute that the names of the petitioners 8. got mutated in revenue records and they were also issued pattadar pass books in respect of subject lands. Further it is also in dispute that the respondent Nos.5 & 6 have filed appeal before the 3^^^ respondent questioning the issuance of pattadar pass books in their favour, which was allowed after hearing the parties. Though the petitioners preferred a revision petition the same was dismissed by the 2"'^ respondent on the premise that the subject lands are classified as Dotted Lands and therefore directed the parties to approach the Tahsildar concerned. While dismissing the revision petition filed by the petitioners. On perusal of the material available on record, it is clear that, respondent Nos.5 & 6 filed appeal before the 3 respondent questioning the issuance of pattdar pass books in their favour of the petitioners by the 4**^ respondent. The appeal filed by the respondent Nos.5 & 6 is not maintainable in view of the Judgment rendered by the Division Bench of this Court in 9. rd 7 ‘Smt Ratnamma Vs. Revenue Divisional Officer, Ananthapur District and other”^ On considerations of submissions made by both counsel, as rightly contended by the counsel for the petitioner, Division Bench of erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, in the case of Smt.Ratnamma Vs. The Revenue Divisional Officer, Anantapur District and two (02) others, after a review of the provisions of RoR Act held that there is no appeal provided against the issuance of pattadar pass book and title deeds under Section 5(5) of the Act 26 of 1971. In the present case, admittedly appeal before the respondent-Revenue Divisional Officer was filed against the issuance of pattadar pass book and in view of the Judgment of Division Bench in Ratnamma’s case, such appeal is not maintainable. Therefore, the contention of the respondent Nos.5 & 6 that appeal is maintainable before the respondent as against the issuance of pattadar pass books and title deeds is hereby rejected. 10. 4 2015 (5) ALT 228 (DB) 8 Further the issue involved in the instant writ petition is no more res iniegra and following the ratio laid down in Ratnamma’s case, the appeal filed by the respondent Nos.5 & 6 11. rd as against the issuance of pattadar pass books before the 3 respondent is not maintainable and accordingly the order dated 22.04.2022 passed by the Revenue Divisional Officer is hereby nd set aside. Further, while dismissing the revision petition, the 2 respondent granted liberty to the petitioner as well to file application under Dotted Lands Act. In this connection, unless the order of the 3^*^ respondent is set aside, such direction cannot be given to the petitioner on the ground also the impugned endorsement dated 07.07.2022 is liable to be set aside. In view of the same, the impugned endorsement dated 07.07.2022 issued by the 2'^^ respondent would become redundant and accordingly the same is also set aside. It is 12. needless to mention that the respondent Nos.5 & 6 are at liberty to take appropriate steps in accordance with law. 9 ( 13. Accordingly, the present writ petition is allowed. No other as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department Velagapudi, Guntur District. 2. The Joint Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Kalyanadurgam, Anantapur District. 4. The Tahsildhar, Kalyanadurgam Mandal, Anantapur District. 5. One CC Sekhar Reddy, Advocate [OPUC] 6. Two eCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. One CC to Sri Manohar Reddy Mallasani, Advocate [OPUC] 8. Two CD Copies of Revenue Secretariat, TF HIGH COURT DATED:22/07/2025 ORDER WP NO. 32310 OF 2022 •y'' ^ 12 AUG 285 o ALLOWING THE W.P. WITHOUT COSTS