IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 51 OF 2025 Writ Appeal under clause 15 of the Letters Patent preferred against the dated 26.12.2024 in W.P.No.30684/2024 on the file of the High Court. ^ Between: Chandrakala, W/o. Late Naganna, Aged about 62 years, Occ: Cultivation, R/o. D. No. 4-2-14, Konkallu (V), Gundibanda (M) Sri Satya Sai District. ...APPELLANT AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Thahasildar, Gundibanda Mandal, Gudibanda, Sri Satya Sai District. The Village Revenue officer, Konkallu village, Gundibanda(M), Sri Satya Sai District. KM. Rajkumar, S/o.Maregowd Aged about 59 years, Occ: Cultivation, R/o.D No. 4-224, Konkallu (V), Gundibanda (M) Sri Satya Sai District. K R. Pavan Kumar, Aged about 27 years, Occ: Cultivation, R/o. D No. 4-224, Konkallu (VX Gundibanda (M) Sri Satya Sai District. K.M. Vidya Sagar, S/o. Chandra Sekharaiah, Aged about 38 years R/o 0-4-81, Konkallu (V), Gundibanda (M) Sri Satya Sal District. 1. 2. 3. 4. 5. 6. ...RESPONDENTS lA NO: 1 OF 2025 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 Pending disposal of the above Writ Appeal, directing the 2nd respondent not to incorporate the name of the 6th respondentin the revenue records pertaining to S.No 42-3C2 an extent of 5 acres Kankallu (V), Gudiban'da (M), Srisatyasai District pending disposal of the main writ appeal. If' Counsel for the Appellant: SMT. If' Counsel for the Appellant: SMT. A. PADMA _ Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent Nos.4 to 6 : NONE APPEARED The Court made the following: JUDGMENT 1 APHC010027452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3508] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT APPEAL NO: 51/2025 Between: ...APPELLANT Chandrakala AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Appellant: 1.APADMA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following Judgment: The appellant herein claiming right and title in Ac.5.00 cents of land, situated in Sy.No.42-3C2 of Kankallu Village, Gandibanda Mandal, Sri Sataysai District, filed O.S.No.112 of 2022, before the Junior Civil Judge, Madakasira, for partition of the property against respondents 4 and 5, who are her brothers. 2. The appellant contends that during the pendency of the suit, these respondents have sold the land which is the suit schedule property to the 6“^ respondent, who is seeking mutation of the revenue entries to reflect his name as the owner and possessor of the land. 3. The appellant initially approached this Court, by way of W.P.No. 27246 of 2022, contending that the official respondents who are proceeding to issue pattadar pass book and title deeds should be interdicted from doing This Writ Petition was disposed of, by a learned Single Judge of this Court, dated 07.11.2024, holding that if any application is made by the 7'^ respondent for mutation, the same should be considered only after hearing of the parties including the petitioner. so. 4. The appellant has again approached this Court, by way of W.P.No.30684 of 2024 contending that the orders of this Court, dated 07.11.2024, in W.P.No.27246 of 2022 were being violated in as much as the appellant was not being given notice and opportunity of hearing in the matter. 5. A learned Single Judge of this Court disposed of this Writ Petition, by way of an order, dated 26.12.2024. The learned Single Judge noted that notice has been served on the appellant, who has issued a reply notice under Section 80 of C.P.C along with a request not to alter any records and not to issue pattadar passbook to unofficial respondents pending disposal of O.S.No.112 of 2022. The learned Single Judge after noticing these facts ha^d-disposed of the Writ Petition directing the Tahsildar to pass orders revenue l£L 3 V after hearing the appellant and taking into account the pendency of O.S.No.112of 2022. Aggrieved by this order, the appellant has now approached this Court, contending that the appellant had not received any notice from the Tahsildar and that the notice issued by the appellant, under Section 80 of C.P.C was for a different purpose. The appellant apprehends that the Tahsildar would be passing orders without giving her an opportunity of hearing 6. and without considering all the relevant factors. The learned Government Pleader for Revenue, has produced 7. written instructions received from the Tahsildar, dated 22.01.2025. In these written instructions, the Tahsildar has stated that the appellant was free to submit her objections, apart from the legal notice, dated 12.12.2024, issued under Section 80 of C.P.C and that the Tahsildar would pass orders after considering her objections. The Tahsildar also states that no orders have been passed, as on 22.01.2025, on the mutation application submitted by the 6 respondent. In that view of the matter, without going into the question of whether any notice has been received by the appellant or not, this Writ Appeal is disposed of with the following directions; 8. 1) The Tahsildar shall issue a fresh notice to the petitioner setting out the grounds on which mutation is sought by the respondent along 4 A with the material produced and submitted by the 6 respondent to the Tahsildar; 2) The appellant is granted two weeks time from the date of receipt of the notice from the Tahsidlar to file her objections; The Tahsildar, after receipt of such objections shall consider the said 3) objections and pass orders, as thought fit especially keeping in view the pendency of O.S.No.112 of 2022; In the event of the appellant not filing her objections within the two 4) weeks stipulated above, it shall be open to the Tahsildar to pass appropriate orders; Needless to say, any orders passed by the Tahsildar shall be after 5) giving due opportunity of hearing to the appellant and in accordance with the directions of the leaned Single Judge. As a sequel, pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. Sd/- W-RAWIESH BABU deputy registrar //TRUE COPY// w OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andh^ Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Thahasildar, Gundibanda Mandal, Gudibanda, Sri Satya-^ai District. 3. The Village Sai District. 4. One CC to Smt. A. Padma, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra 6. Three C.D. Copies. Cnr Pradesh, Revenue officer, Konkallu village, Gundibanda(M), Sri SBtya Pradesh. [OUTT HIGH COURT CNR •y, DATED:22/01/2025 JUDGMENT t 31 JAN 2025 i ^ . CutreiM Section WA.No.51 of 2025 DISPOSING THE WRIT APPEAL WITHOUT COSTS