4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10260 OF 2025 Between: 1. Somireddi Govinda, S/o SomireddiSanyasayya, aged 53 years, R/atBoddu Street, Mushidipalli, Anakapalli District, Andhra Pradesh 531022. 2, Gandi Devi, W/o Patrudu Naidu, aged years, R/at Sanjeevametta H/o Vavilapadu, Vepada Mandal,Vizianagaram. 3. Gandi Patrudunaidu, S/o late Simhadrappadu, aged years, R/at Sanjeevametta H/o Vvilapadu, Vepada Mandal,Vizianagaram ...PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Revenue, AP Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The District Collector, Anakapalli District, Andhra Pradesh. 3. The Revenue Divisional Officer, Anakapalli District, Andhra Pradesh. 4. The Tahsildar, Devarapalli Mandal,Anakapalli District Andhra Pradesh. 5. Bojanki Atchutha Ramayya S/o Krishna Naidu, of K.Kotapadu Mandal, Anakapalli District. 6. Gummadi Varaha Nageswararao, S/o late Krishna R/at Anandapuram village, K.Kotapadu Mandal, Anakapalli District ...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 I I be pleased to issue a Writ, Order, or direction, particularly one in the nature of a Writ of Mandamus, declaring the in-action of Respondent No. 4, the Tahsildar, who has failed to implement the order passed by Respondent no 3 vide its Appeal No 1659 dated 29.09.2023 in cancellation of entries in respect of land of an extent of 0.60 cents situated in Sy.No. 580-2A of Mushidipalli Village, Deverapalli Mandal as Section 5(5) of the A.P. Right in Land and Pattadar Passbooks Act, 1971, despite there are specific directions from respondent no 3 is as illegal arbitrary and violation of Fundamental right of petitioners guaranteed under Article 14, 21 and 300A of the Constitution of India consequently direct the respondent no 4 to cancel the entries made in respect of land of an extent of 0.60 cents situated in Sy.No. 580-2A of Mushidipalli Village, Deverapalli Mandal. 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 respondent no 4 to cancel the entries made in respect of land of an extent of 0.60 cents situated in Sy.No. 580-2A of Mushidipalli Village, Deverapalli Mandal considering the Appeal orders passed by the respondent no 3 in Appeal Case No. 1659 dated 29.09.2023 pending disposal of the above writ petition. Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 & 6: — The Court made the following: ORDER % APHC010195112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10260/2025 Between: ...PETITIONER(S) Somireddi Govinda, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S): 1.JADASRAVAN KUMAR Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 % Nv;] W.P.NO.10260 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10260/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; to issue a Writ, Order, or direction, particulariy one in the nature of a Writ of Mandamus, deciaring the in-action of Respondent No. 4, the Tahsildar, who has failed to implement the order passed by Respondent no. 3 vide its Appeal No. 1659 dated 29.09.2023 in cancellation of entries in respect of land of an extent of 0.60 cents situated in Sy.No.580-2A of Mushidipalli Village, Deverapalli Mandal as Section 5(5) of the A. P. Right in Land and Pattadar Passbooks Act, 1971, despite there are specific directions from respondent no. 3 is as Illegal, arbitrary and violation of Fundamental right of petitioners guaranteed under Article 14, 21 and 300- A of the Constitution of India consequently direct the respondent no. 4 to cancel the entries made in respect of land of an extent of 0.60 cents situated in Sy.No.580-2A of Mushidipalli Village, Deverapalli Mandal and to pass...” Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. The claim of the petitioners herein is that they are the absolute owners 3. and possessors of the land to an extent of Ac.0-60 cents in $y.No.580-2A of Mushidipalli Village, Deverapalli Mandal. To substantiate their right over the property, they filed a petition before the 3'”'^ respondent under Section 5(5) of Andhra Pradesh Right in Land and Pattadar Passbooks Act, 1971. After having adjudication and verification of the documents, the 3'^'^ respondent passed an order in Appeal No.1659/2023 dated 29.09.2023, directing the respondent-authorities to alter the entries as per the directions in the appeal. 3 NV,^ W.P. NO. 10260 OF 2025 Learned counsel for the petitioners submits that the order in the appeal was become final. Therefore, the 4*^ respondent, being a competent authority, shall comply the orders dated 29.09.2023 passed by the appellate authority. However, despite lapse of twenty (20) months, so far, the 4^^ respondent neither implemented the orders of the 3'"* respondent nor issued any other proceedings. Hence, the present Writ Petition. 4. 5. Learned Assistant Government Pleader for Revenue appearing for the respondents furnished a copy of written instructions received from the 4'^ respondent, wherein it is stated that; “It is further submitted that, an O.S.No.11 of 2023 has been filed by Sri somireddi Govinda and 2 others against Sri Bojanki Atchutaramayya and 7 others before the Senior Civil Judge Court, chodavaram and the Senior Civil Judge Court, chodavaram has granted interim injunction against sri Bojanki Atchuta Ramaya and 7 others restraining them, their family members, servants and agents not to interfere into the plaint schedule property until further orders by dispensing prior notice to the Defendants. It is finally submitted that, to cancel the entries made in respect of the land of an extent of Ac.0-60 cents is not vest with the Tahsildar. For cancellation of entries the competent authority is the Joint Collector and vide reference 2'’^ cited, a detailed report has already been sent requesting for cancellation of entries based on the orders of the Appellate Authority and Revenue Divisional Officer, Anakapalli.” Learned Assistant Government Pleader further submits that since the Appellate Authority passed an order in appeal, the 4^'^ respondent has to comply with the same and implement the orders, being competent authority. 6. 4 % NVJ W.P. NO. 10260 OF 2025 Having regard to the submissions made by the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue and perusal of the written instructions submitted by learned Assistant Government Pleader for Revenue, since a suit is pending between the parties i.e., O.S.No.11 of 2023, wherein an interim injunction was granted in favour of the petitioners, therefore, the order of the court below is not coming in the way of the 4^^ respondent. Hence, this Court is of the considered view that the 7. on present Writ Petition can be disposed of by directing the respondent herein to comply the orders passed by the 3 rd respondent in the Appeal No.1659/2023 dated 29.09.2023, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. 8. With these above observations, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. Sd/- J SAROJA GISTRAR SECTION OFFICER 1. The Principal Secretary, Department of Revenue AP Secretariat, Velaaaoudi Amaravati, Guntur District, Andhra ^ 2 The District Collector, Anakapalli District, Thp Revenue Divisional Officer, Anakapalli D'stnct, Andhra Pradesh 4 The Tahsildar, Devarapalli Mandal,Anakapalli District Andhra r 5 One CC to Sri Jada Sravan Kumar Advocate [OPUCJ 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [ ] 7. Three CD Copies TF(gsg) ASSISTANT //TRUE COPY// To, HIGH COURT DATED:30/04/2025 ORDER WP.No.10260 of 2025 OF ^2 cr 3 *1 mi 2025 ^ Curreni beciion . PATC f ^ ffii p». ^5^ DISPOSING OF THE W.P., WITHOUT COSTS