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High Court of Andhra Pradesh · body

2025 DAILYLAW 39959 (AP)

KARAKA APPARAO v. THE STATE OF ANDHRA PRADESH

WP/28233/2025 · 2025-11-03

D Ramesh

Public Interest Litigationbody2025

Judgment text

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W.P.No.28233 of 2025, DR,J APHC010548602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28233/2025 Between: 1. KARAKA APPARAO, S/O. APPALANAIDU, AGED ABOUT 49 YEARS, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 2. BOTTA NAGARAJU,, W/O. BOTTA ACHI BABU, AGED ABOUT 59 YEARS, R/O. 1-79, JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL VISHAKAPATNAM DISTRICT. 3. PASILI SIVA SATYANARAYANA,, S/O. RAMANAIDU, AGED ABOUT 63 YEARS, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI DIVISION, ANAKAPALLI DISTRICT. 4. THE TAHSILDAR, KASIMKOTA KASIMKOTA MANDAL, ANAKAPALLI DISTRICT. 5. THE VILLAGE REVENUE OFFICER, UGGINAPALEM VILLAGE, W.P.No.28233 of 2025, DR,J KASIMKOTA MANDAL, ANAKAPALLI DISTRICT. 6. PARAVADA ROHINI KUMAR, S/O. RAMU, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 7. PARAVADA RAMU, S/O. LOVA RAJU, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 8. PARAVADA NANAJI, S/O. P. RAJA, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 9. PILA CHINNASIVA, S/O. SAMBHAMURTHI, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 10. PARAVADA NAIDU BABU, S/O. RAMU, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 11. PASILA DEVI, W/O. PRASAD, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 12. PARAVADA HARISH, S/O. GANGARAJU, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. 13. PARAVADA RAMU, S/O. GOURI NAIDU, AGED ABOUT NOT KNOWN TO THE PETITIONER, R/O. JAMMADULAPALEM, BAYYAVARAM, KASIMKOTA MANDAL, VISHAKAPATNAM DISTRICT. ...RESPONDENT(S): W.P.No.28233 of 2025, DR,J The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ or Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2 to 5 respondents in not deleting the names of the unofficial respondents no. 6 to 13 in the revenue records and not reincorporating the names of the petitioners in revenue records in respect of lands of the petitioner in i) Sy. No. 16/1 to an extent of Acs. 3.80 cents, ii) Sy. No. 16/1 and 16/3 to an extent of Acs. 0.20 cents and 3.64 cents iii) Sy. No. 16/1 and 16/2 to an extent of Acs. 0.80 cents and 3.00 cents situated at Ugginapalem Village, Kasimkota Mandal, Anakapalli District despite the representations made by the petitioners on 29.09.2025 and 28.07.2025 is illegal, arbitrary and violations of Article 14, 21 and 300A and contrary to the provisions of the Andhra Pradesh Rights in land and Pattadhar Passbook Act, 1971. And Consequently direct the respondents no. 2 to 5 to delete the names of the unofficial respondents no. 6 to 13 in the revenue records and to reincorporate the names of the petitioners in revenue records in respect of lands of the petitioner in i) Sy. No. 16/1 to an extent of Acs. 3.80 cents, ii) Sy. No. 16/1 and 16/3 to an extent of Acs. 0.20 cents and 3.64 cents iii) Sy. No. 16/1 and 16/2 to an extent of Acs. 0.80 cents and 3.00 cents situated at Ugginapalem Village, Kasimkota Mandal, Anakapalli District and pass….” W.P.No.28233 of 2025, DR,J 1. Heard the learned counsel for the petitioners and the learn Government Pleader for Revenue appearing for the respondent Nos.1 to 5 and the learned counsel for the unofficial respondent Nos. 6 to 13. 2. The case of the petitioners is that the petitioners are the absolute owners and possessors of the schedule properties, i.e., (i) land in Sy. No. 16/1 to an extent of Ac. 3.80 cents, (ii) land in Sy. Nos. 16/1 and 16/3 to an extent of Ac. 0.20 cents and Ac. 3.64 cents, and (iii) land in Sy. Nos. 16/1 and 16/2 to an extent of Ac. 0.80 cents and Ac. 3.00 cents, situated at Ugginapalem Village, Kasimkota Mandal, Anakapalli District. The petitioners were issued Pattadar Passbooks and Title Deeds in their favour, and they have been in continuous, peaceful possession and enjoyment of the subject properties. Their names were also duly mutated in the revenue records. While things stood thus, the petitioners came to know that their names had been deleted from the revenue records in respect of the subject schedule properties, and the names of the unofficial respondents were incorporated in their place. Consequently, the petitioners submitted detailed representations dated 28.07.2025 and 29.09.2025 through the Public Grievance Redressal System, seeking deletion of the names of the unofficial respondents from the revenue records and re-incorporation of their own names as lawful pattadars and possessors of their respective lands, after conducting due enquiry and verifying the title documents and other supporting records. W.P.No.28233 of 2025, DR,J 3. The learned counsel for the petitioners submits that, without issuing any notice to the petitioners, their names were deleted from the revenue records and the names of the unofficial respondents were mutated, which is contrary to the proviso to Section 5(3) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. He further contends that even after receipt of the petitioners’ representations dated 28.07.2025 and 29.09.2025, the respondent authorities have neither considered nor passed any orders thereon till date. Hence, the present Writ Petition. 4. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that pursuant to the representations of the petitioners dated 28.07.2025 and 29.09.2025, the respondent authorities will consider the said representations and pass appropriate orders in accordance with law. 5. Having regard to the submission made by both the learned counsel, since the issue is pending before the 4th respondent for conducting an enquiry in respect of the subject property pursuant to the representations of the petitoners, this Court is not inclined to go into the merits of the case. Admittedly, the names of the unofficial respondents are reflected in the revenue records. Subsequently, the petitioners submitted representations seeking mutation of their names in the revenue records in respect of the subject property. As contended by the learned counsel for the petitioners, such mutation was effected without issuing any notice to them. W.P.No.28233 of 2025, DR,J 6. In view of the same, the matter is remanded to the 4th respondent to conduct a detailed enquiry, after issuing notice to all concerned parties, and to pass appropriate orders in accordance with law within a period of two (02) months from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No orders as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 04.11.2025 klk W.P.No.28233 of 2025, DR,J 75 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.28233 of 2025 04.11.2025 kkllkk