\ I ' hA APHCOI0574262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29783 OF 2025 Between: 1. Y S Madhavi Latha, S/o. Y.S.Madan Mohan Reddy Aged about 55 R/o. D.No.4-11-146, AmbakapalliRaod years, Kadapa District. Pulivendula, Y.S.R 2. Y.S. Madan Mohan Reddy,, S/o. Y.S. Prakash Reddy Aged about 60 R/o. D.No.4-11-146; AmbakapalliRaod years Kadapa District. Pulivendula, Y.S.R ...Petitioners AND 1. The State Of Andhra Pradesh, Rep., by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R Kadapa District, Kadapa. 3. The Joint Collector, Y.S.R Kadapa District, Kadapa. 4. The District Revenue Officer, Joint Collector Office District. 5. The Revenue Divisional Officer, Pulivendula Revenue Division Kadapa District. 6. The Tahsildar, Thondur Mandat, Y.S.R Kadapa District. Y.S.R Kadapa Y.S.R ...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 an appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent No.3 in taking up Suo Moto Revision under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 in respect of the land in an extent of Ac.4.70 cents in Sy.No.1087-1, Ac.4.60 cents in Sy.No. 1087-2, Ac.4.80 cents in Sy.No.1087-3, Ac.4.90 in Sy.No.1087-4 and Ac.5.00 cents in Sy.No.1087-5 of Mallela Village, Thondur Mandal, Y.S.R Kadapa District belong to us, by issuing notice in Ref.No.E2/601/2025, dated 09.10.2025 basing on the reports said to have been submitted by the respondent No.5 that, the aforementioned land was illegally got entered in our names in the revenue records and consequential action of the respondent No.4 calling upon us to attend for the hearing along with relevant records, as arbitrary, illegal arbitrary, illegal, contrary to the principles laid down by this Hon'ble Court vide Order, dated 08.10.2021 in W.P.No.16458 of 2021 and the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same. lA NO: 1 OF 2025 one as 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 grant stay of all further proceedings Ref.No.E2/601/2025, dated 09.10:2025 in pursuance of the Notice in issued by the respondent No.4 pending disposal of the above Writ Petition. Counsel for the Petitioners; SRI V R REDDY KOWURI Counsel for the Respondent Nos.1 to 6: GP FOR REVENUE The Court made the following order: APHC010574262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 29783/2025 [3330] Between: 1 Y S MADHAVI LATHA, S/0. Y.S.MADAN MOHAN REDDY R/0. D.NO.4-11-146, PULIVENDULA, Y.S.R KADAPA AGED ABOUT 55 YEARS AMBAKAPALLIRAOD, DISTRICT. 2.Y.S. MADAN MOHAN REDDY,, S/0. Y.S. PRAKASH REDDY R/0. D.NO.4-11-146, PULIVENDULA, Y.S.R KADAPA AGED ABOUT 60 YEARS, AMBAKAPALLIRAOD DISTRICT. ...PETITIONER{S) AND REP., BY ITS REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI, 1.THE STATE OF ANDHRA PRADESH, PRINCIPAL SECRETARY SECRETARIAT BUILDINGS, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA. 3.THE JOINT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA. 4.THE DISTRICT REVENUE OFFICER, JOINT COLLECTOR OFFICE Y.S.R KADAPA DISTRICT. 5.THE REVENUE DIVISIONAL OFFICER, PULIVENDULA REVENUE DIVISION Y.S.R KADAPA DISTRICT. 6.THE TAHSILDAR, THONDURMANDAL, Y.S.R KADAPA 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in taking up Suo Moto Revision under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 in respect of the land in an Sy.No.1087-1, Ac.4.60 cents in Sy.No.1087-2, Sy.No.1087-3, Ac.4.90 in Sy.No.1087-4 and Ac.5.00 Sy.No.1087-5 of Mallela Village, Thondur Mandal, Y.S.R Kadapa District belong to us, by issuing notice in Ref.No.E2/601/2025, dated 09.10.2025 basing on the reports said to have been submitted by the respondent No,5 that, the aforementioned land was illegally got extent of Ac.4.70 cents in Ac.4.80 cents in cents in 2 entered in our names in the revenue records and consequential action of the respondent No.4 calling upon us to attend for the hearing alongwith relevant records, as arbitrary, illegal as arbitrary, illegal, contrary to the principles laid down by this Hon'ble Court vide Order dated 08.10.2021 in W.P.No.16458 of 2021 and the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles, 14, 19, 21 and consequently setaside the same and pass lA NO: 1 OF 2025 300-A of the Constitution of India and 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 grant stay of all further proceedings inpursuance of the Notice in Ref.No.E2/601/2025, dated 09.10.2025 issued by the respondent No.4, pending disposal of the above Writ Petition and pass Counsel for the Petitloner(S): 1.VR REDDY KOVVURI Counsel for the Respondent(S): 1.GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.29783 OF 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in taking up Suo Moto Revision under Section 9 of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 in respect of the land in an extent of Ac.4.70 cents in Sy.No.1087-1, Ac.4.60 cents in Sy.No.1087-2, Ac.4.80 cents in Sy.No.1087-3, Ac.4.90 in Sy.No.1087-4 and Ac.5.00 cents in Sy.No.1087-5 of Mallela Village, Thondur Mandal, Y S.R Kadapa District, belong to us, by issuing notice in Ref.No.E2/601/2025, dated 09.10.2025 basing on the reports said to have been submitted by the respondent No.5 that, the aforementioned land was illegally got entered in our names the revenue records and conseguential action of the respondent No.4 calling upon us to attend for the hearing alongwith relevant records, as arbitrary, illegal as arbitrary, illegal, contrary to the principles laid down by this Hon'ble Court vide Order, dated 08.10.2021 in W.P.No.16458 of 2021 and the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same and pass such other order....” respondent No.3 issued notice dated 09.10.2025 by under Section 9 of the Andhra Pradesh Rights in in 2. The exercising powers Land and Pattadar Pass Books Act, 1971 (hereinafter for short referred to as the ‘Act), directing the petitioners to attend for an enquiry with all necessary original documents and records pertaining to the land admeasuring Ac.4.70 cents in Sy.No.1087-1, Ac.4.60 cents in Sy.No.1087-2, Ac.4.80 cents in Sy.No.1087-3, Ac.4.90 cents in 4 Sy.No.1087-4 and Ac.5.00 cents in Sy.No.1087-5 of Mallela Village, Thondur Mandal, Y.S.R. Kadapa District, failing which, matter will be decided ex parte as per records available. 3. The said notice is assailed in the present writ petition on the ground that no prior notice was issued before issuing notice under Section 9 of the Act and also relied on the judgments rendered by the Coordinate Bench of this Court in W.P.No.16458 of 2021 dated 08.10.2021 and W.P.No.30186 of 2024 dated 20.12.2024 and prayed to pass similar order in the present writ petition as well. 4. Learned Assistant Government Pleader for Revenue would submit that Section 9 of the Act does not suggest or require the issuance of prior notice before initiating proceedings. 5. A learned single Judge of this Court in W.P. No.16458 of 2021 following the law laid down in the judgment in M/s D.N.Ray vs State of Bihar^ of the Hon’ble Apex Court held that a prior show cause notice is required before issuance of notice under Section 9 of the Act. Following the judgment in W.P.No.42510 of 2016, another learned Single Judge of this Court, in W.P.No.30186 of 2024, held the same. As outlined in the judgments referred supra, it is incumbent on the 3'^ respondent to give notice to the petitioners before initiating suo 6. motu proceedings and then pass final order. Therefore, the impugned notice is not sustainable. ' AIR 1971 SC 1045 5 Therefore, this Court instead of quashing the impugned notice 7. dated 09.10.2025, it would be treated as a show cause notice. Accordingly, the impugned notice issued under Section 9 of the Act is directed to be treated as show cause notice and the petitioners are directed to give their explanation to the above said notice within a period of 15 days from the date of receipt of copy of this order. On receipt of the said explanation, the 3'"^ respondent shall proceed as outlined in Section 9 of the Act, and pass appropriate orders on merits and in accordance with law. Till such time the impugned notice shall remain in abeyance. Accordingly, the Writ Petition is disposed of. There shall be no 8. order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- U SRIDEVI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R Kadapa District, Kadapa. 3. The Joint Collector, Y.S.R Kadapa District, Kadapa. 4. The District Revenue Officer, Joint Collector Office Y.S.R Kadapa District. 5. The Revenue Divisional Officer, Pulivendula Revenue Division Y.S.R Kadapa District. 6. The Tahsildar, ThondurMandal, Y.S.R Kadapa District. 7. One CC to SRI. V R REDDY KOWURI Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. AL HIGH COURT CC BY 03/11/2025 DATED:30/10/2025 ORDER WP NO. 29783 OF 2025 ^ 0 3 NOV 2025 c5^ <2 DISPOSING OF THE W.P. WITHOUT COSTS