IN THE HIGH COURT OF ANDHRA PRADESH AMARAVA (Special Original Jurisdiction) FRIDAY .THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30474 OF 2024 Between: Pothnuru Surya Rao, S/o. (Late) Potnuru Narsimhulu, aged 63 years Plot No.7, Mejars Colony, Pedda Padu Road, Patrunivalasa Rural, Srikakulam, Andhra Pradesh - 532 401. ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Srikakulam District, Andhra Pradesh. 3. The Revenue Divisional Officer, Srikakulam Mandal, Srikakulam District, Andhra Pradesh. 4. The Tahsildar, Srikakulam Mandal, Srikakulam District, Andhra Pradesh. 5. Allu Rama Rao, S/o Late Thavudu, R/o.Mamidivalasa via Bagguvanipeta Village, Singupuram Panchayat and Post, Srikakulam Mandal, Srikakulam District, Andhra Pradesh - 532185. 6. Allu Appanna, S/o Late Thavudu, R/o Mamidivalasa via Bagguvanipeta Village, Singupuram Panchayat and Post, Srikakulam Mandal and Post, Srikakulam Mandal and District, Andhra Pradesh-532185. 7. Allu Laxmana Rao, S/o Late Thavudu, R/o Mamidivialasa via Bagguvanipeta Village, Singupuram Panchayat and Post, Srikakulam Mandal and District, Andhra Pradesh - 532185. 8. Allu Nagamma, W/o Gangarao, R/o Mamidivalasa via Bagguvanipeta Village, Singupuram Panchayat and Post, Srikakulam Mandal and District, Andhra Pradesh - 532185. [RR 5 to 8 are impleaded in Writ Petition & Affidavit as per Courts order dt.03/01/2025 in lA 2/24]. ...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 direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the 4th Respondent in removing the petitioner^ name in the Web Land Revenue/Online Revenue Records in respect of the petitioner's land admeasuring an extent of Ac.0.69cents, situated in Sy.No.517-8 of Singupuram Village, Srikakulam Mandal Srikakulam District without following the procedure contemplated in the of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, especially Section 5(1), 5(3), Rule 19(1), Rule 19(2) and in violation of principles of natural justice, as arbitrary, unjust, in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4th Respondent to enter the petitioner's name in Web Land Entry/Online Revenue Entry in respect of the said Petition Schedule Property by removing third party's name. lA NO: 1 OF 2024 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 Authorities, especially 4th Respondent to enter the petitioner's name in the Web Land Entry/Online Revenue Entry in respect to the petitioner land admeasuring an extent of Ac.0.69cents, situated in Sy.No.517-8 of Singupuram Village, Srikakulam Mandal, Srikakulam District by removing third partys name pending disposal of the main writ petition. Counsel for the Petitioner(s): SRI. MOHAMMAD NAYAB RASOOL Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 8: — The Court made the following: ORDER [3328] APHC010575232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30474/2024 Between: 1.POTHNURU SURYA RAO, S/0. (LATE) POTNURU NARSIMHULU, AGED 63 YEARS PLOT N0.7, MEJARS COLONY, PEDDA PADU ROAD, PATRUNIVALASA RURAL, SRIKAKULAM, ANDHRA PRADESH-532 401. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM MANDAL, SRIKAKULAMDISTRICT, ANDHRA PRADESH. 4.THE TAHSILDAR, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. MOHAMMAD NAYAB RASOOL Counsel for the Respondent(S): 2 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri Mohammad Nayad Rasool, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. The present Writ Petition is filed seeking following relief: “...to issue a direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondent in removing the petitioner’s name in the Web Land Revenue/Online Revenue Records in respect of the petitioner's land admeasuring an extent of Ac.0.69 cents situated in Sy.No.517-8 of Singupuram Village, Srikakulam Mandal Srikakulam District without following the procedure contemplated in the of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, especially Section 5(1), 5(3), Rule 19(1), Rule 19(2) and in violation of principles of natural justice, as arbitrary, unjust, in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4*^ Respondent to enter the petitioner's name in Web Land Entry/Online Revenue Entry in respect of the said Petition Schedule Property by removing third party's name and to pass...” 3. It is the contention of the Writ Petitioner that, before effecting no notice was issued to the Writ Petitioner and that the Respondents have mutated the Revenue Record behind the back of the Writ Petitioner. mutation 4. Having regard to this submission, this Court, vide Order dated 23.12.2024, had directed the Learned Assistant Government Pleader to obtain specific Written Instructions from Respondent No.2 covering the following issues: i) Whether advance Notice was issued to the Writ Petitioner before deleting the name of the Writ Petitioner and including the names of third parties; ii) If such Notice was issued to the Writ Petitioner, whether it was in fact received by the Writ Petitioner (evidence of receipt of Notice to be furnished by the Tahsildar); % Assistant Government Pleader has obtained Written from the Respondent No.4 namely the Tahsildar, Srikakulam Copy of the Written Instruction is also supplied to the learned 5. Learned Instruction Mandal. Counsel for the Writ Petitioner. The same is taken on record. 6. Para No.4 of the Written Instruction is usefully extracted hereunder: 4. It is submitted that notices were not traced in this office and as per the verification of the webland online records (Survey Number detailed history), it is noticed that the land in Sy.No.517-8 of Singupuram Revenue Village was recorded in favour of Sri Allu Ramarao and 03 others for an extent of Ac.0.1725 cents each from the year 2013. (Copy of Statement of Survey Number detailed history is enclosed). r 7. The above extract would indicate that there is no trace in the office with regard to the issuance of any notice to the Writ Petitioner. 8. In this view of the matter, this Court is of the opinion that the impugned mutation suffers from the vice of none adherence of Principles of Natural Justice, and therefore, mutation effected behind the back of the Writ Petitioner, is unsustainable in law. Accordingly, there shall be a direction to maintain Status-quo ante insofar as the Revenue Record is concerned by incorporating the name of the Writ Petitioner in the Web-land/Online Revenue Record in respect of the land of an extent of Ac.0.69 cents situated in Sy.No.517-8 of Singupuram Village, Srikakulam Mandal. However, liberty is granted to the Official Respondents to initiate fresh proceedings by following statutory procedure by observing the Principles of Natural Justice by issuing Notice to the Writ Petitioner. There shall be a further direction to the Advance District Collector, Srikakulam District (Respondent No.2) to initiate appropriate departmental proceedings for dereliction of duty against the then Tahsildar effected mutation behind the back of the Writ Petitioner without who has following the statutory procedure. 9. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Land Acquisition, Stamps & Registration, is directed to convey the Revenue 4 the District Collector, Srikakulam District forthwith, for gist of this Order to effective compliance. 10. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 11. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- N. NAGAMMA assistant registrar SECntJffOFFICER //TRUE COPY// To, 1 The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector Srikakulam District, Andhra Pradesh. 3. The Revenue Divisional Officer, Srikakulam Mandal, Srikakulam District, Andhra Pradesh. 4. The Tahsildar, Srikakulam Mandal, Srikakulam District, Andhra Pradesh. 5. One CC to Sri. Mohammad Nayab Rasool, Advocate [OPUC] High Court Of Andhra Pradesh. [OUT] 6. Two CCs to GP For Revenue 7. THREE CD Copies AL HIGH COURT ‘rt TL DATED:03/01/2025 ORDER X 0 9 IAN 2025 3 Current Secuen WP.No.30474 of 2024 ALLOWING THE WP WITHOUT COSTS