[3329 ] 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 ^Rl JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9533 OF 2025 Between: Panuganti Atchutharamaiah, S/o. Sesharao, Aged about 52 years, Male, R/o. Chodhimella Village, Eluru Urban Mandal, Eluru District. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. The District Collector, Eluru District. The Revenue Divisional Officer, Eluru, Eluru District. The Tahsildar, Eluru Urban Mandal Eluru District. Joint Secretary, Vigilance Team, Chief Commissioner of Land Administration, and 3^^ Floors, APIIC Building, Autonagar, Near NRI Hospital, Mangalagiri, Guntur District. The Sub-Registrar, Eluru, N.R.Pet, Eluru District. Namburi Nagaraju, S/o. Pentaiah, Aged about 51 years, Male, Thataparru Village, Eluru Mandal Eluru District 1. 2. 3. 4. 5. 6. 7. ...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 a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.4 in deleting the digital signature over my landed properties in an extent of Ac.2.71 cents in R.S.No.311-1, Ac.2.70 cents in R.S.No.311-7 total Ac.5.41 cents of Chodhimella Village, Eluru Urban Mandal and l^assing of the endorsement in ROC No.90/2025 (DT), dated 17.03.2025 iiYegular, arbitrary, violation of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Rules framed thereunder and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondent No.4 to resume the digital signature the online web land adangals relating to my landed property in an extent of Ac.2.71 cents in R.S.No.311-1, Ac.2.70 cents in R.S.No.311- 7 total Ac.5.41 cents of Chodhimella Village, Eluru Urban 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 resume the digital signatrues over my landed properties in an extent of Ac.2.71 cents in R.S.No.311-1, Ac.2.70 cents in R.S.No.311-7 total Ac.5.41 cents of Chodhimella Village, Eluru Urban Mandal by duly suspending the ROC No.90/2025 (DT), dated 17.03.2025. 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 respondent No.6 to receive, register and entertain the documents produced by me in relating to the lands in an extent of Ac.2.71 cents in R.S.No.311-1, Ac.2.70 cents in R.S.No.311-7 total Ac.5.41 cents of Chodhimella Village, Eluru Urban without insisting for the digital signatures of the respondent No.4 over the online webland adangals; Counsel for the PetitioneriSRI. MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR REVENUE : GP FOR STAMPS & REGISTRATION p- The Court made the following: APHC010187042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 01^0 [3329] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9533/2025 Between: ...PETITIONER Panuganti Atchutharamaiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9533/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in deleting the digital signature over my landed properties in an extent of Ac. 2.71 cents in R.S.No.311-1, Ac.2.70 cents in R.S.No.311-7 total Ac.5.41 cents of Chodhimella Village, Eluru Urban Mandal and passing of the endorsement in ROC No. 90/2025 (DT) dated 17.03.2025 is irregula,r arbitrary, violation of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Rules framed thereunder and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondent No. 4 to resume the digital signature the online web land adangals relating to my landed property in an extent of Ac.2.71 cents in R.S.No.311-1, Ac.2.70 cents in R.S.No.311-7 total Ac.5.41 cents of Chodhimella Village, Eluru Urban Mandal and pass such other order or orders....” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the lands admeasuring to an 3. extent of Ac.2.71 cents in R.S.No.311-1, Ac.2.70 cents in R.S.No.311/7 totaling to an extent of Ac.5.41 cents situated at Chodhimella Village Eluru Urban Mandal having acquired the same by way of partition. Since from the date of the partition, the petitioner has been in possession and enjoyment of the subject property. While things stood thus, pursuant to the representation made by the respondent No.7, respondent No.4 issued the impugned proceedings dated 17.03.2025, wherein, it is stated that the petitioner borrowed an amount from the respondent No.7 and entered into an agreement against the said property. But without repaying the same, the petitioner is trying to alienate the subject property in favour of the third parties. Therefore, the Revenue Divisional Officer addressed a letter directing the authorities concerned to record the subject land in the list of the disputed lands. The said action is illegal, arbitrary and contrary to law. Hence, the impugned proceedings dated 17.03.2025 issued by respondent No.4 is liable to be set aside. On the other hand, learned Government Pleader for the 4. respondents submits that once there is an agreement of sale in respect of the subject property between the petitioner and the respondent No.7, the respondent No.7 is available with a statutory alternative remedy for institution of Suit for specific performance basing upon the agreement of sale. He further submits that in view of the availability of alternative remedy, the present writ petition is liable to be dismissed. 5. Having regard to the submissions made by the learned counsel for the petitioner, learned Government Pleader for the respondents and on perusal of the material placed on record, it is observed that there is an agreement of sale between the petitioner and the respondent No.7 herein in respect of the subject property. As such, the respondent No.7 has a right to enforce his legal rights out of the agreement of sale by invoking common law remedies before the Court of law. It is further observed that on the guise of the agreement of sale, he cannot approach the executive authority to meddle with the petitioner and to adhere as per his wish and whims of the official respondents, which is contrary to the settled proposition of law. Therefore, considering the representation of the respondent No.7 and interfering with the peaceful possession and enjoyment of the property of the petitioner by issuing endorsement dated 17.03.2025 and restraining the petitioner from transacting the subject property as like injunction by assuming his authority as Civil Court is seriously to be deprecated and the said action of the respondent No.4 is high handed and colourable exercise of power. 6. In view of the foregoing discussion, the impugned order 17.03.2025 is hereby set aside. Further, respondent No.4 is directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner and also directed to restore the revenue records/ entries ante status quo before to the orders dated 17.03.2025. 0 With the above directions, the writ petition is disposed of. There 7. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANTREGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District Andhra Pradesh. (BY SPECIALMESSENGER) 2. The District Collector, Eluru District. 3. The Revenue Divisional Officer, Eluru, Eluru District. 4. The Tahsildar, Eluru Urban Mandal Eluru District. 5. Joint Secretary, Vigilance Team, Chief Commissioner of Land rd Floors, APIIC Building, Autonagar, Near Administration, and 3 NRI Hospital, Mangalagiri, Guntur District. 6. The Sub-Registrar, Eluru, N.R.Pet, Eluru District. 7. Namburi Nagaraju, S/o. Pentaiah, Aged about 51 years, Male, Thataparru Village, Eluru Mandal Eluru District (Addressee Nos.2 to 7 BYRPAD) 8. OneCCto SRI. MANGENA SREE RAMA RAO Advocate [OPUC] 9. Two CCS to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] Two CCS to GP FOR STAMPS & REGISTRATION, High Court Of Andhra Pradesh. [OUT] 10. 11. Three CD Copies HIGH COURT DATED: 10/04/2025 ORDER A '•fL ts^Y' 21, JUN2D25 £ffSPATC' WP.No.9533 of 2025 DISPOSSING THE WRIT PETITIION