'X ■ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7743 OF 2021 Between: 1. Duvvuru Sivareddy. S/o Polareddy (Died), agriculturist, R/o Chittedu, Vidyanagar, Kota Mandal, SPSR Nellore District. 2. Duvvuru Kota Reddy, S/o. Siva Reddy agriculturist, R/o. Chittedu, Vidyanagar, Kota Mandal, SPSR Nellore District 3. Duvvuru Chinnakota Reddy, S/o. Siva Reddy agriculturist, R/o Chittedu, Vidyanagar, Kota Mandal, SPSR Nellore District. (Petitioner Nos.2 and 3 are brought on record deceased Sole Writ Petitioner dt.29.04.2025 in lA No.01/2024 in Writ Petition and affidavit) aged about 80 years Hindu, aged 53 years. Hindu, aged 44 years as LR’s of the as per the Court’s order ...PETITIONERS AND 1. State of Andhra Pradesh, Rep by Principal Secretary (Revenue) Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. District Collector, SPSR Nellore District, Nellore. 3. Sub - Collector, Gudur Division, Gudur, SPSR Nellore District. 4. Tahsildar, Kota Mandal, SPSR Nellore District. ...RESPONDENTS (Cause title is amended No.02/2021 in Writ Petition and affidavit) as per the Court’s order dt.29.04.2025 in lA Petition under Article 226 of the Constitution the circumstances stated i be pleased to issue of India praying that in in the affidavit filed therewith, the High Court may an appropriate Writ, Order or Direction in the nature of Writ of Mandamus by declaring respondent in deleting the more particularly the action of the 4*^ , 5 name of the petitioner as Pattadhar and possessor of Ac.3.00 cents of iand in Sy. No. 341-P of Chittedu Viliage Kota Mandai, SPSR Neilore District from the Adangal / Phani for the ■/ Revenue Records including the year 2021 without issuing any notice whatsoever and recording there in as 'Government land without, jurisdiction, opposed to .he as illegal, unauthorized principles of natural justice and violative of the provisions of A.P Rights in land and Pattadar Passbooks Act Articles 21 and 300-A of Constitution and also of India and consequently direct the possession and enjoyment of Ac.3.00 respondents not to interfere with the cts of land in Sy. No. 341-P of Chittedu District by the petitioner. Village, Kota Mandai, SPSR Neilore lA NO: 1 OF 7091 Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances m support of the petition, the High Court respondents not to interfere may be . . with, the peaceful P ssession and enjoyment of Ac.3.00 cents of land in Sy. N0.341-P of hittedu Village, Kota Mandai, SPSR Neilore District by the petitioner I pending pending disposal of the writ | disposal of the above writ petition. petition in the interests of justice and lA NO: 2 OF 9n'?A Petition under Section 151 stated in the affidavit filed i pleased to permit the obtained under RTI Act relating CPC praying that in the circumstances may be copies of the proceedings to Sy.No.341-P of Chittedu village m support of the petition, the High Court petitioners to file the , Kota Mandal, Tirupati District / SPSR Nellore district as additional material papers in the above writ petition in the interests of justice. / lA NO: 3 OF 2024 Between: Tahsildar, Kota Mandal, SPSR Nellore District. ...PETITIONER/RESPONDENT AND 1. Duvvuru Sivareddy, S/o Polareddy (Died), aged about 80 years, agriculturist, R/o Chittedu, Vidyanagar, Kota Mandal, SPSR Nellore District. ...RESPONDENT/PETITIONER 2. State of Andhra Pradesh, Rep by Principal Secretary (Revenue), Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. District Collector, SPSR Nellore District, Nellore. 4. Sub - Collector, Gudur Division, Gudur, SPSR Nellore District. (R2 to R4 are not necessary parties in this petition) ...RESPONDENTS/RESPONDENTS aged 53 years, agriculturist, R/o. Chittedu, Vidyanagar, Kota Mandal, SPSR Nellore District 6. Duvvuru Chinnakota Reddy, S/o. Siva Reddy, Hindu, aged 44 years, agriculturist, R/o Chittedu, Vidyanagar, Kota Mandal, SPSR Nellore District. (RR 5 and 6 are brought on record as LR’s of the deceased Respondent as per the Court’s order dt.29.04.2025 in lA No.01/2024) 5. Duvvuru Kota Reddy, S/o. Siva Reddy, Hindu ...RESPONDENTS (Cause title is amended as per the Court’s order dt.29.04.2025 No.02/2021) in lA 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 vacate the interim order dated 06.04.2021 in WP.No.7743 of 2021 and to dismiss the Writ Petition. / Counsel for the Petitioners: SRI M. CHALAPATI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER RAO APHC010131422021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] K. Eli TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.7743/2021 Between: ...PETITIONER Duwuru Sivareddy AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M CHALAPATI RAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER:- The present writ petition is filed questioning the action of respondent in deleting the name of the petitioner from 1. th the 4 revenue records in respect of land admeasuring an extent of Ac.3.00 cents in Sy.No.340-P of Chittedu Village, Kota Mandal, SPSR Nellore District without issuing notice and without following the procedure contemplated under law. It is the case of the petitioner that his wife Smt.Ramamma was in possession and enjoyment of land admeasuring an extent of Ac.3.00 cents in Sy.No.340-P of Chittedu Village, Kota Mandal. It is further case of the petitioner that in recognizition of her possession, the said land was assigned in her favour on 28.11.2009 and her name was mutated in revenue records by issuing pattadar passbooks and title deeds. It is further stated that she obtained financial assistance from nationalized banks for the purpose of cultivating the said lands. It is further stated that after the death of the original assignee the petitioner came to possession of the subject lands and he approached the 4^'' respondent to mutate his name in revenue records. The said request of the petitioner was favourably considered and he was issued pattadar pass books and title deeds. It is further stated that when third party tried to interfere with possession he filed suit in OS No.48 of 2020, on the file of Junior Civil Judge, Kota, Nellore District and an order of injunction was granted in his favour on 07.09.2020 and the said suit is pending adjudication. 2. 3. It is further case of the petitioner that the his name was deleted from the revenue records over the subject land and it is shown as government land from 16.03.2020 onwards. It is specific case of the petitioner that before changing the entries, the 4 respondent did not issue any notice to him. Questioning the said action of the 4*^ respondent the present writ petition is filed. 4. th On the other hand, the 4*^ respondent filed counter affidavit stating that the total extent of land in Sy.No.34/1 of Chittedu Village consisting of Ac. 135.85 cents and the same is classified grazing poramboke as per the revenue records. It is further stated that one Sri P.Narayana and another have made a representation to the 2^^ respondent with a request to delete the illegal entries in respect of subject lands from revenue records. The said representation was forwarded to Sub Collector, Gudur to conduct an enquiry and submit report and accordingly a report was submitted on 19.08.2020 to the 2^^ respondent. It is further averred in the counter affidavit that taking into consideration of the said report, the 2 respondent instructed the 4**^ respondent to restore the original entries in revenue records as it was recorded earlier. It is further case of the 4^*" respondent that the petitioner without having any right or valid document fraudulently entered his name in revenue records. It is further stated that the 4*^ respondent verified the records and noticed that no assignment patta was granted to the petitioner and connected files with regard to the assignment is also not available nor the same is recorded in D-Register and it is further stated that the name of the petitioner was rightly deleted from revenue records. 5. nd Heard learned counsel for the petitioner and learned Government Pleader for Revenue. 6. Perused material available on records. 7. The petitioner filed copy of DKT patta issued in favour of his wife along with the writ petitioner. He also filed copies of pattadar pass books and revenue records showing the name of his wife. Further, the petitioner also filed copies of 1-B issued in his favour along with the revenue records reflecting his name over the subject lands. Though, the 4*^ respondent disputed the issuance of DKT patta in favour of petitioner’s wife, admittedly her name and subsequent to her demise, the name of the petitioner was in existence in revenue records. Further, admittedly no notice was issued to the petitioner before changing the entries in respect of subject land. On perusal of the counter affidavit, it is clear that the 4 respondent has not issued any notice and therefore the action of the 4'^ respondent in deleting the name of the petitioner is against the provisions of Act, 26 of 1971 and also it is done by violating the principles of natural justice. Therefore, the action of the 4 respondent in deleting the name of the petitioner from the revenue records cannot be countenanced. 8. th th th Accordingly, the writ petition is allowed and the 4 respondent is directed to restore the name of the petitioner in revenue records in respect of subject lands. It is needless to mention that, if the 4‘^ respondent wants to take any action in the matter the same shall be done after following the procedure contemplated under law. 9. 4 There shall be no order as to costs. As a sequel pending applications, if any, shall stand closed. 10. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary (Revenue), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Sub - Collector, Gudur Division, Gudur, SPSR Nellore District. 4. The Tahsildar, Kota Mandal, SPSR Nellore District. 5. One CC to Sri M. Chalapati Rao, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb *Jh HIGH COURT DATED:29/04/2025 ORDER WP.No.7743 of 2021 anoS^ g 2 5 JUN 2025 SB to ^ . Current becnon . allowing the w.p. without costs