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W.P.No.20128 OF 2024 DR,J
APHC010395322024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20128/2024 Between:
1. J RAHUL, S/O J. DHANASEKHAR, AGED ABOUT 27 YEARS, OCCUPATION- CIVIL ENGINEER, D.NO, 5-103 , T.P.KOTA VILLAGE, BEERAKUPPAM POST, NAGALAPURAM MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH -
517589. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY TO REVENUE, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, PADMAVATHINILAYAM, TIRUCHANOOR, TIRUPATI - 517503. 3. THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTI, AGRICULTURAL OFFICE COMPOUND, SRIKALAHASTI, TIRUPATI DISTRICT - 517640. 4. THE TAHSILDHAR, NAGALAPURAM MANDAL, TIRUPATI DISTRICT - 517589. 5. THE VILLAGE REVENUE OFFICER, T.P.KOTA VILLAGE, NAGALAPURAM MANDAL, NAGALAPURAM, TIRUPATI DISTRICT - 517589. 6. D KUMARI W/O DURAIRAJ, R/O D. NO. 4/9(3), 2ND STREET, KK ROAD, VENKATAPURAM, AMBATTUR, TIRUVALLUR, TAMILNADU - 600053. R6 IS IMPLEADED AS PER THE ORDER OF THE COURT DATED 12.11.2024 IN I.A.
NO.2 OF 2024. ...RESPONDENT(S):
W.P.No.20128 OF 2024 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 of mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent in not taking any action on my representation dt.24.08.2024 followed by personal visits to restore the extent as in Sy.Nos 114/lOB an extent of Ac 0.0350 cents, 114/11A an extent of Ac 0.0300 cents, 114/14A an extent of Ac 0.0800 cents, 114/15B an extent of Ac 0.0550 cents, 114/4B1 an extent of Ac 0.0600 cents, 114/5A an extent of Ac 0.0250 cents, 114/6A1 an extent of Ac 0.1700 cents, 114/8A an extent of Ac 0.1100 cents, 114/9A an extent of Ac 0.1600 cents, 115/lOA an extent of Ac 0.1000 cents, 115/11A an extent of Ac 0.1700 cents,, 115/9A an extent of Ac 0.0300 cents, 119/1 Cl an extent of Ac 0.1000 cents, 119/9A an extent of Ac 0.0750 cents, total extent being Ac 1.200 cents situated at T.P.Kota Village, Nagalapuram Mandal, Tirupati District instead of the removed an extent of Ac 0.3446 cents and reinstate the same in my revenue records without following due process of law is as illegal, arbitrary, violation of Natural Justice and violation of articles 14, 21 and 300A of the Constitution of India and consequently direct the 4rt respondent to reinstate the illegally modified extents in my survey numbers in in Sy.Nos 114/lOB an extent of Ac 0.0350 cents, 114/11A an extent of Ac 0.0300 cents, 114/14A an extent of Ac 0.0800 cents, 114/15B an extent of Ac 0.0550 cents, 114/4B1 an extent of Ac 0.0600 cents, 114/5A an extent of Ac 0.0250 cents, 114/6A1 an extent of Ac 0.1700 cents, 114/8A an extent of Ac 0.1100 cents, 114/9A an extent of Ac 0.1600 cents, 115/lOA an extent of Ac 0.1000 cents, 115/11A an extent of Ac 0.1700 cents,.
115/9A an extent of Ac 0.0300 cents, 119/1 Cl an extent of Ac 0.1000 cents, 119/9A an extent of Ac 0.0750 cents, total extent being Ac 1.200 cents situated at T.P.Kota Village, Nagalapuram Mandal, Tirupati District and restore the same and pass…”
2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondent Nos.1 to 5. W.P.No.20128 OF 2024 DR,J
3. The grievance of the petitioner is that the petitioner is the absolute owner and possessor of the subject property admeasuring an extent of Ac. 1.200 cents situated at T.P. Kota Village, Nagalapuram Mandal, Tirupati District, having acquired the said property by inheritance from his father through a registered Settlement Deed dated 21.01.2019. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. 4. The learned counsel for the petitioner submits that the 4th respondent has illegally amended the extents of the subject property of the petitioner without following due process of law and has reduced and modified the extents in the revenue records in favour of third parties. In this regard, the petitioner made an application dated 24.08.2024 to respondent Nos.3 and 4, seeking rectification of the illegally modified records and to restore the correct extents. However, even after receipt of the said application/representation, the respondent authorities have neither considered the same nor issued any proceedings with respect to the illegal amendment/modification of certain extents of the subject property belonging to the petitioner. Hence, the present Writ Petition is filed. 5. The learned Government Pleader appearing for the respondents submits that the petitioner and the unofficial respondent are legal heirs with respect to the subject property. W.P.No.20128 OF 2024 DR,J
6. The learned counsel for the unofficial respondent/6th respondent submits that the 6th respondent preferred an appeal before the Revenue Divisional Officer, claiming rights over the subject property, after considering the said appeal, passed an order dated 15.03.2022, observing that an appeal against the said order lies before the Joint Collector, Chittoor. 7.
Having considered the submissions of both learned counsel and on perusal of the material on record, this Court is of the considered view that the Writ Petition can be disposed of granting liberty to the petitioner to avail the statutory remedy available under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, by filing a revision before the Joint Collector against the order dated 15.03.2022 of the Revenue Divisional Officer. 8. 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 07.11.2025 klk
W.P.No.20128 OF 2024 DR,J
119 THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION No.20128 of 2025
07.11.2025 kkllkk