IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAd" WRIT PETITION NO: 31579 OF 2024 Between: 1. Chilukuri Lakshmi Kamala @ Lakshmi Kantham, W/o. Venkata Bhaskara Ayyarao, aged about 77 years, R/o. 2-87, Kandulapalem village, Ramchandrapuram Mandalam. East Godavari District. 2. Chilukuri Pavani Sri Kaivalya, D/o. Venkata Bhaskara Atchyutaramayya Chowdary aged about 22 years, R/o 2-87, Kandulapalem village Ramchandrapuram Mandalam. East Godavari District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue), Secretariat buildings, Velagapudi, Amaravathi. 2. The District Collector, East Godavari District, Rajamahendravaram. 3. The Tahsildar, Rajanagaram Mandalam, Rajamahendravaram. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ of Mandamus or any other appropriate Writ Order or direction to declare the action of the 3'^'^ respondent in not rectifying the may revenue records belonging to petitioners private property admeasuring extent of Ac. 13-14 cents pertaining to the 1®* petitioner and an extent of Ac. 6-00 cents pertaining to the 2 an nd petitioner total admeasuring an extent of Ac. 19-14 cents situated in S. No. 409 of Rajanagaram village and Mandalam, East Godavari district in their name from the mistaken entry of land ceiling case, as illegal, arbitrary, violation of principles of natural justice as also violation of provisions of The AP Rights in Land and A Pattadar Passbooks Act, 1971 and contrary to Articles 14 and 300-A of Constitution of India and consequently COMMAND the Respondent to rectify the revenue record pertaining to the property situated in S. No. 409 of Rajanagaram village and Mandalam, East Godavari District, in the interest of justice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3^^ Respondent to consider our representation dated 05.12.2024 for rectification of revenue records pertaining to the property admeasuring an extent of Ac. 19-14 cents situated in S. No. 409 of Rajanagaram village and Mandalam, East Godavari District, in the interest of justice. Counsel for the Petitioners : SRI J.V.PHANIDUTH Counsel for the Respondents: SRI J. KRISHNA PRANEETH, ASST.GP FOR REVENUE, LAND ACQUISITION, STAMPS & REGISTRATION The Court made the following: ORDER [3328] APHC010603452024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 31579/2024 Between: 1.CHILUKURI LAKSHMI KAMALA @ LAKSHMI KANTHAM, W/0 VENKATA BHASKARAAYYARAO, AGED ABOUT 77 YEARS, R/0 2- 87. KANDULAPALEM VILLAGE, MANDALAM. EAST GODAVARI DISTRICT. RAMCHANDRAPURAM 2.CHILUKURI PAVANI SRI KAIVALYA D/0 VENKATA BHASKARA ATCHYUTARAMAYYA CHOWDARY AGED ABOUT 22 YEARS, R/0 RAMCHANDRAPURAM } > 2-87, KANDULAPALEM VILLAGE, MANDALAM. EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY (REVENUE), VELAAGPUDI, AMARAVATHI. SECRETARIAT BUILDINGS 2.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 3.THE TAHSILDAR, RAJAMAH END RAVARAM RAJANAGARAM MANDALAM ...RESPONDENT(S): Counsel for the Petitioner(S): f 2 1.J.V.PHANIDUTH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri J.V, Phaniduth, learned Counsel for the Writ Petitioners Sri J. Krishna Praneeth, learned Assistant Government Land Acquisition, Stamps & Registration. 2. Sri J. Krishna Praneeth, learned Assistant Revenue, Land Acquisition, Stamps & Registration Instruction furnished by the Tahsildar, Copy of the Written Instruction is also supplied to the learned Counsel for the Writ Petitioners. The same is taken on record. and Pleader for Revenue, Government Pleader for has submitted the Written Rajanagaram, dated 20.01,2025. 3. The Written Instruction would indicate that the subject land of an extent of Ac,19.14 cents in Sy.No.409 of Rajanagaram Village and Mandal was a subject matter of Land Ceiling case bearing L.C.C.No.2088/Rjy/75. It is also stated that the names of the Writ Petitioners Revenue Record, and therefore, the above subject matter of LCC. It were never found in the extent of land was shown is the justification on the part of the Tahsildar that since no names were mentioned in the Revenue Record, there necessity for issuing any notice to the Writ Petitioners herein. as was no 4. Learned Counsel for the Writ Petitioners has drawn this Court to the Pattadar Pass Books (Ex.P.3) which the attention of were issued in the year were even prior in point 2012. It is the submission that the L.C.C Proceedings of time and that after conclusion of L.C.C. Proceedings, the Pattadar Pass It is the submission of the learned Assistant Government Pleader that the L.C.C. Proceedings are still pending and that no further directions Books have been issued to the Writ Petitioners. were received from the Sub-Collector, Rajamahendravaram. It is also stated that a reply from the Revenue Divisional Cfficer is awaited. 3 5. Admittedly, no notice was given to the Writ Petitioners before mentioning in the Revenue Record as ‘Ceiling Land’ with reference to L.C.C. It is the incumbent duty on the part of the Executive to have cross-checked from the other Revenue Record including the Pattadar Pass Books and Title Deeds whether the subject land is under possession and cultivation of anyone or not. Without even verifying the status of the L.C.C and even the other Revenue Record under A.P Rights in Land and Pattadar Pass Books Act, 1971, the Official Respondent No.3 (Tahsildar) had entered in the Revenue Record that the subject land is covered under ceiling proceedings. 6. In this view of the matter, this Court deems it appropriate to allow this Writ Petition, by holding that the action of the Official Respondents in mentioning in Revenue Record with regard to subject property that a ceiling case is pending is illegal and arbitrary. Accordingly, this Writ Petition is allowed. The Official Respondents are directed to conduct denovo enquiry with Advance Notice to the Writ Petitioners and any other stakeholders. It is the incumbent duty on the part of the Official Respondents to adhere to the Principles of Natural Justice by issuing Advance Notice to all the interested parties and consider the submissions/objections and documents, if any, before passing the Final Order. Needless to state that they shall also cross-check and take into account the other documents issued by the Revenue Department before passing Final Order. It is clarified that this Court has not expressed anything on merit. No Order as to Costs. 7.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// N OFFICER To, / 1. The Principal Secretary (Revenue), State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, East Godavari District, Rajamahendravaram. 3. The Tahsildar, Rajanagaram Mandalam, Rajamahendravaram ')k One CC to Sri J.V.Phaniduth, Advocate [OPUC] ^5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Three C.D. Copies Cnr f HIGH COURT DATED: 20/01/2025 ORDER WP.No.31579 of 2024 3nAN2K5 I . Current Section pat ALLOWING THE W.P. WITHOUT COSTS