IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA PRESENT WRIT PETITION NO: 9618 OF 2025 Between: 1. Gajjala Sreekanth Reddy, S/o. Gajjala Venkata Subbareddy, Aged about 29 years, D/No.-7-19, K. Sunkesula Village, Khajipet Mandal, Y.S.R Kadapa District, Andhra Pradesh-516203. 2. Gajjala Sree Vatsav Reddy, S/o. Gajjala Venkata Subbareddy, D/No- 7/19, K. Sunkesula Village, Khajipet Mandal, Y.S.R Kadapa District, Andhra Pradesh-516203. 3. Gajjala Srinivasula Reddy, S/o. Gajjala Naga Subbareddy, D/No-7/20, K. Sunkesula Village, Khajipet Mandal, Y.S.R Kadapa District, Andhra Pradesh-516203. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat buildings, Velagapudi, Guntur District. 2. The District Collector, Y.S.R. Kadapa District. 3. The Joint Collector, Y.S.R Kadapa District. 4. The Revenue Division Officer, Y.S.R. Kadapa, Y.S.R.Kadapa District. 5. The Tahsildar, Khajipet Mandal, Y.S.R.Kadapa District. 6. The Station House Officer, khajipet Mandal, YSR Kadapa District. 7. T.Gajjala Raghava Reddy, S/o. Gajjala Chenna Reddy, (Junior)Alias Chennajoa, R/o Gajjala Street, K. Sunkesula Village, Khajipeta Mandal, Y.S.R. District. 8. Gajjala Keshava Reddy, S/o.Gajjala Chenna Reddy, (Junior) Alias Chennayya, R/o. Gajjala Street, K Sunkesula Village, Khajipeta Mandal, Y.S.R Kadapa District. f 9. Pichapati Lakshmi Narayanmma, W/o. PJanardhana Reddy, K Sunkesula Village, Khajipeta Mandal, Y.S.R Kadapa District. ...RESPONDENTS *4* ^ • 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 a Writ, or direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent Nos. 5 and 6 changing entries in revenue records in respect of land admeasuring Sy.No 658/3, the extent out of Ac.0.88 Cents, out of which an extent of A.c.0.22 Cents each belongs to the 1®* and 2"'^ Petitioners and an extent of A.c.0.44 Cents belongs to the 3 petitioner of K.Sunkesula Village, Khajipeta Mandal, Y.S.R.Kadapa District, and proceeding to issue pattadar passbook to the Respondent nos.7 to 9 without issuing notice and enquiry as contemplated under Andhra Pradesh rd Rights in Land and Pattadar Pass Books Act, 1971 and Rules thereunder respondent to delete the names of th and consequently direct the 5 Respondent nos.7 to 9 in the revenue records in respect of land admeasuring Sy.No 658/3, the extent out of Ac.0.88 Cents, out of which an extent of A.c.0.22 Cents each belongs to the 1®^ and 2"^^ Petitioners and an extent of A.c.0.44 Cents belongs to the 3'^'^ petitioner of K.Sunkesula Village, Khajipeta Mandal, Y.S.R.Kadapa District. lA NO: 1 OF 2025 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 Respondent Nos. 5 to 9 not to interfere with the petitioners property in Sy.No.658/3, the extent out of Ac.0.88 Cents of K.Sunkesula Village, Khajipeta Mandal, Y.S.R.Kadapa District, pending disposal of the writ petition. lA NO: 2 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 to direct the 2"^^ respondent to consider the representation Dated 17-03-2025, pending disposal of the writ petition. Counsel for the Petitioners : SRI .P RAVIKANTH Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : GP FOR HOMEv^ Counsel for the Respondent Nos.7 to 9 : NONE APPEARED ^ The Court made the following: ORDER / APHC010181462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3329] MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9618/2025 Between: Gajjala Sreekanth Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.P RAVIKANTH Counsel for the Respondent{S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: ■y ■ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9618/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ or direction or order more particularly one In the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent Nos. 5 and 6 changing entries In revenue records in respect of land admeasuring Sy No. 658/3 the extent out of Ac. 0.88 Cents out of which an extent of Ac.0.22 Cents each belongs to the and Petitioners and an extent of Ac.0.44 Cents belongs to the petitioner of K.Sunkesula Village, Khajlpeta Mandal, .YS.R Kadapa District and proceeding to issue pattadar passbook to the Respondent nos. 7 to 9 without issuing notice and enquiry contemplated under Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Rules thereunder and consequently direct the 5'^ respondent to delete the names of Respondent Nos. 7 to 9 In the revenue records In respect of land admeasuring Sy.No.658/3 the extent out of Ac.0.88 Cents out of which an extent of Ac.0.22 Cents each belongs to the and 2 Petitioners and an extent of Ac.0.44 Cents belongs to the petitioner of K.Sunkesula Village, Khajlpeta Mandal, .YS.R. Kadapa District and pass such other order or orders.... ” as nd 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that petitioner No.1 is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.22 cents, petitioner No.2 is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.22 cents and petitioner No.3 is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.44 cents, situated in Sy.No.658/3 of K.Sunkesula Village, Khajipeta Mandal, YSR Kadapa District having acquired the same by way of succession. Since the date of succession, the petitioners have been in peaceful possession and enjoyment of their respective property. While things stood thus, respondent Nos. 5 and 6 are threatening to dispossess the petitioners from their respective property without issuing any notice and without follo'wing due process of law. Further, to the surprise of the petitioners, respondent No.5 has made several changes in the revenue records without issuing any notice to the petitioners which is illegal. Having known such illegalities made by respondent No.5, the petitioners herein made a complaint to the respondent No.2. But, respondent No.2 did not choose to act upon the said complaint. Learned counsel for the petitioners further submits that with the aid of 4. respondent No.5, respondent Nos.7 to 9 got mutated their names in the revenue records in respect of the subject property, who does not have any share or right over the subject property. He further submits that before changing/ rectifying of the name of the petitioners, respondent No.5 has to follow the procedure of the changing/ rectification of the entries in the revenue records as contemplated under the Andhra Pradesh Rights in Land and Pattadar Pass Book Rules, 1989. Aggrieved by the action of the respondents in mutating the entries without passing any reasoned order or calling for objections from the parties concerned and interfering with the peaceful possession and enjoyment of the subject property of the petitioners, the petitioners herein filed the present writ petition. 5. Learned counsel for the petitioner also drawn the attention of this Court to Section 5(4) of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short ‘Act 26 of 1971 ’), which reads as follows: ‘‘Any person aggrieved by any order passed under Sub Sections (1), 2(a) and the amendmentof R.O.R under Sub Section (3), above may prefer an appeal before the District Revenue Officer within a period of thirty (30) days from the date of receipt of such order or amendment of R.O.R, the appellate authority shall dispose the appeal preferably not later than six months from the date of filing of such appeal.” On the other hand, learned Government Pleader for the respondents submits that in view of Section 5(4) of the Act 26 of 1971, if the petitioners prefers an appeal before the competent authority for redressal of their grievance, the competent authority would consider the same and pass appropriate orders, in accordance with law. 6. 7. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioners herein to prefer an Appeal before the competent authority i.e.. District Revenue Officer as per Section 5(4) of Act 26 of 1971 within a period of three (3) weeks from the date of receipt of a copy of this order. On receipt of such on Appeal, the respondents authorities are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, in accordance with law, within a period of four (04) months. thereafter. With the above directions, the writ petition is disposed of. There shall be 8. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// 41 SECTION OFFICER To The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Guntur District. The District Collector, Y.S.R. Kadapa District. ^ The Joint Collector, Y.S.R Kadapa District. The Revenue Division Officer, Y.S.R. Kada^Y.S.R.Kadapa District. The Tahsildar, Khajipet Mandal, Y.S.R.Kadapa District. The Station House Officer, KhajipeK/iandal, YSR Kadapa DistrictP'^ 7. One CC to Sri P. RavikaVifh, Advocate [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] lO.Three C.D. Copies. 1. 2. 3. 4. 5. 6. 8. Cnr \ \ HIGH COURT DATED:21/04/2025 ORDER I* 21 MAY 2025 | ^ . Current Section .5?* WP.No.9618 of 2025 DISPOSING OF THE W.P WITHOUT COSTS •■A