IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) FRIDAY. THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY PRESENT GANNAMANENI RAMAKRISHNA WRIT PETITIOM Kin. PRADESH :: AMARAVATI FIVE the HON’BLE SRI JUSTICE PRASAb 2024 Between; 1. Nelluri Siva Nagamalleswara years, Occ; Agriculturist Rao, S/o Mohan Rao aged about 44 Narnepadu Village, R/o. H.No. 4-124/2 Muppalla Mandal, Palnadu District, 2. Bhogineni Naga Malleswari Andhra Pradesh. i. W/o (Late) Koteswara Rao, Rao, Door No. C/o Battula 1-149, Ameenabad Village. - 522529 Thulasi, D/o Srihari Phirangipuram Mandal, Palnadu District, Andhra Pradesh ...PETITIONERS AND OelT Dist., Andhra Pradesh. 2. The District Collector, 3. The District Revenue Officer, Palnadu District, Andhra Pradesh. 4. The Revenue Divisional Officer, Pradesh. 5. The Tahsiidar, Muppaiia Mandal, Palnadu District, Andhra Pradesh M padh, Mohan Pac, S/o. Seetharanraiah, Narnepadu Village Palnadu District, Andhra Pradesh. and Magistrate, Palnadu District, Andhra Pradesh, cum Sub-Collector, Muppalla Mandal Sattenapalle, Palnadu District Andhra Mandal ...respondents Pleased to issue a writ, order, or direction, may particularly one in the nature c of a writ of Mandamus declaring action of the respondent no.4 in keeping Pradesh Rights in against the orders passed by pending the appeal filed under Section5-B of the Andhra W Lands and Pattadar Pass Books Act, 1971 the 5th respondent vide Rc No. 231/2021-A dated 22- 06-2022, whereby the name of the respondent no.6 was mutated in the revenue records (Webland) without conducting an enquiry or issuing proper notice to the petitioner as unjust, arbitrary and amounting to infringement of the Fundamental Rights guaranteed under Article 14, 19 and 21 of the consequently direct the respondent no.4 to as expeditiously as possible.- Constitution of India and dispose of the appeal dated 27.09.2024 lA NO: 1 OF 2()?d Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be no.4 to dispose of the appeal dated respondent pending disposal of the pleased to direct the respondent 27.09.2024 pending before the 4*^ above writ petition. ^ Counsel for the Petitioners: SRI JADA SRAVAN Counsel for the Respondent Nos.1 to 5: KUMAR - SRI K. ARJUN CHOWDARY, AGP FOR REVENUE Counsel for the Respondent No.6:— The Court made the following: ORDER i 1 9' [3328] APHC010603172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Sir: f FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31458/2024 Between; 1.NELLURI SIVA NAGAMALLESWARA RAO, S/0 MOHAN RAO, AGED ABOUT 44 YEARS, OCC AGRICULTURIST, R/0. H.NO. 4-124/2, NARNEPADU VILLAGE, MUPPALLA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 2.BHOGINENI NAGA MALLESWARI, W/0 (LATE) KOTESWARA RAO, C/0 BATTULA THULASI, D/0 SRIHARI RAO, DOOR NO. 1-149, AMEENABAD VILLAGE, PHIRANGIPURAM MANDAL, PALNADU DISTRICT, ANDHRA PRADESH - 522529 ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DIST, ANDHRA PRADESH. 2.THE DISTRICT COLLECTORAND MAGISTRATE, PALNADU DISTRICT, ANDHRA PRADESH. 3.THE DISTRICT REVENUE OFFICER, CUM SUB-COLLECTOR. MUPPALLA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 4.THE REVENUE DIVISIONAL OFFICER, SATTENAPALLE, PALNADU DISTRICT, ANDHRA PRADESH. 5.THE TAHSILDAR, MUPPALLA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 6.MOPARTHI MOHAN RAO, S/0. SEETHARAMAIAH, NARNEPADU VILLAGE, MANDAL PALNADU DISTRICT, ANDHRA PRADESH. 2 ...RESPONDENT(S): Counsel for the Petitioner(S); 1.JADASRAVAN KUMAR Counsel for the Respondent{S); 1.GPFOR REVENUE The Court made the following: ORAL ORDER: Heard Ms. Nallanagula Lalitha Sree, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 5. Learned Counsel for the Writ Petitioners would submit that the Writ Petitioner No.2 has filed a Suit bearing O.S.No.602/2022 for declaration of title and permanent injunction against the Unofficial Respondent No.6 herein and the said Suit is pending on the file of the learned Principal Civil Judge (Junior Division), Sattenapalli. It is the submission of the learned Counsel for the Writ Petitioners that during the pendency of the Suit, the Tahsildar, Muppalla Mandal (Respondent No.5) has mutated the name of the Unofficial Respondent No.6 herein in the revenue record vide Rc.No.231/2021 -A dated 22.06.2022 (Ex.P.6) without affording any opportunity to the Writ Petitioners. This Proceeding was challenged by the Petitioners on the ground of violation of principles of Natural Justice and violation of the statutory provisions before the RDO, Sattenapalli (Respondent No.4) on 27.09.2024. submission of the learned Counsel for the Writ Petitioners that neither the Appeal has been numbered nor has it been taken up for consideration by the RDO. The Petitioners are apprehensive that the Unofficial Respondent No.6, by taking undue advantage of the mutation done by the Respondent No.5, is likely to alienate the property to the third parties in order to defeat the interest of the Petitioners while the Suit is pending. 2. It is also the 3 Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Muppalla Mandal dated 02.01.2025 along with some material documents. Copies of it are served on the Counsel for the Writ Petitioners as well and the same are taken on record. Having regard to the above facts and circumstances, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, with a direction to the RDO, Sattenapalli (Respondent No.4) to consider the Appeal and dispose of the same in accordance with law by passing a Speaking Order within a period of 12 weeks from today and convey a copy of such Order to all the interested parties forthwith. Needless to state that the Respondent No.4 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notices to all the interested parties, consider their submissions/objections and documents, if any, before passing the final order. Writ Petitioners are directed to submit a copy of this Order along with a photocopy of the Appeal to Respondent No.4 within one week from today, for effective compliance. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. SO/.V.SAVITHRIGOWW assistant REGIST^ 3. 4. 5. 6. 7. 8. s/ //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat Office, Velagapudi, Amaravati, Guntur Dist., Andhra Pradesh. The District Collector and Magistrate, Palnadu District, Andhra Pradesh. The District Revenue Officer, cum Sub-Collector, Muppalla Mandal, Palnadu District, Andhra Pradesh. The Revenue Divisional Officer, Sattenapalle, Palnadu District, Andhra Pradesh. 1. 2. 3. 4. 5. The Tahsildar, Muppalla Mandal, Palnadu District One CC to Sri Jada Sravan Kumar, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Three CD Copies. Andhra Pradesh. 6. 7. Pradesh. [OUT] 8. ssb HIGH COURT DATED:03/01/2025 ORDER WP.No.31458 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS