, V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9417 OF 2025 [/ Between: Pakalapati Satyanarayana Varma, S/o.Late Venkata Narasimha Raju Aged about 75 years, R/o.Dwarapudi Village, Vizianagaram Mandal Vizianagaram District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Joint Collector, Vizianagaram District, Vizianagaram, A.P. The Revenue Divisional Officer, Vizianagaram Division, Vizianagaram District. The Tahsildar, Vizianagaram Mandal, Vizianagaram District. Pakalapati Ramachandra Raju, S/o.Late Jogi Jagannadha Raju, Aged about 40 years, R/o.Dwarapudi Village, Vizianagaram Mandal, Vizianagaram District. (Permanent R/o.Sri Venkateswara Colony, Sheela Nagar, Visakhapatnam.) 1. 2. 3. 4. 5. ...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 a Writ, Order or Direction, more particularly one in the nature of Mandamus, declaring the action of the 4*^ Respondent in issuing the Endorsement vide Rc.No.2/2025/A, dt. 03.02.2025, rejecting the Petitioners request for restoring the entries in Revenue Records, as illegal. arbitrary, violative of Articles 14, 21, 300-A of the Constitution of India contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Book Act, 1971, and consequently direct the 4th respondent to restore the entries in Revenue Records, as per the orders of the 2"" Respondent, dt. 26.09.2024 vide Rc.No.1994/2023/SGT1/KRRC. and 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 to direct the 4**^ Respondent to implement the Orders of the 2 Respondent, dt. 26.09.2024 vide Rc.No.1994/2023/SGT1/KRRC, pending disposal of writ petition. Counsel for the Petitioner; SRI V. SURYA KIRAN KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: -- The Court made the following: ORDER nd f APHC010182312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9417/2025 Between: Pakalapati Satyanarayana Varma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SURYA KIRAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 r THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9417/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4 Rc.No.2/2025/A, dated 03.02.2025, rejecting the petitioner’s request for restoring the entries in revenue records as illegal, arbitrary, violative of Articles 14, 21, 300-A of the Constitution of India and contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Book Act, 1971 and consequently direct the 4‘^ respondent to restore the entries in revenue records as per the orders of the 2""^ respondent dated 26.09.2024 vide Rc.No.1994/2023/SGT1/KRRC and pass such other order. ” th respondent in issuing the endorsement vide 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the agricultural land admeasuring to an extent of Ac.0.59 cents in Sy.No.8/2, Ac.0.18 cents in Sy.No.8/4, Ac.0.11 72 in Sy.No.9/6 and Ac.0.05 cents in Sy.No.4/1P of Dwarapudi Village, Vizianagaram Mandal, Vizianagaram District. The 4‘^ respondent also issued pattadar passbook and title deed in favour of the petitioner. While things stood thus, the 4*^ respondent altered the entries in the revenue m 3 I? records without issuing any notice and without following the due procedure. Aggrieved by the same, the petitioner filed a revision respondent and the same was allowed nd petition before the 2 directing the 4'^ respondent to restore the entries in the name of the petitioner herein, after conducting detailed enquiry as per the provisions of the Andhra Pradesh Rights in Land and Pattadar Later, the petitioner requested the 4 respondent to implement the orders of the 2^^ respondent. But, the 4*'^ respondent passed the impugned endorsement dated 03.02.2025 th Passbooks Act, 1971. rejecting the claim of the petitioner. Hence, the present Writ Petition. 4. On the other hand, learned Assistant Government Pleader for the respondents categorically stated that as per Section 5(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (ACT No. 26 of 1971) any rejection of mutation of any application, the 4'^ respondent did not confer any right or jurisdiction for such rejection. It is clear that as per Section 5(2) of the Act, the rd rejection of the claim of the applicant is vested with the 3 th respondent. Therefore, the endorsement issued by the 4 respondent dated 03.02.2025 is contrary to Section 5(2) of the Act, 1971. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and on perusal of the material placed on 4 f t , record, it is clear and categorical that the petitioner acquired the subject property from his ancestors and pattadar passbook and title deeds were also issued in favour of the petitioner. Hence, the endorsement/rejection order passed by the 4**^ respondent is contrary to Section 5(2) of the Act, 1971. It is further clarified that any rejection of the mutation sought by the title holder should be vested with the 3^^ respondent herein. 6. Therefore, in view of the reasons stated above, the th endorsement/impugned order dated 03.02.2025 issued by the 4 respondent is hereby set aside. Further Respondent No.4 is directed to forward the application of the petitioner to the 3'^’^ respondent. Thereafter, on receipt of the same. Respondent No.3 is directed to consider the application of the petitioner in accordance with law, within a reasonable time. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR 7 //TRUE COPY// SECT10^4 OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Vizianagaram District, Vizianagaram, A.P. 3. The Revenue Divisional Officer, Vizianagaram Division, Vizianagaram District. 4. The Tahsildar, Vizianagaram Mandal, Vizianagaram District. 5. One CC to Sri V. Surya Kiran Kumar, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. i. i a H i HIGH COURT i DATED:10/04/2025 ^foFANOW^ (P X 3 0 MAY 2025 m. Cu( ici il osCUtrt ORDER WP.No.9417 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS