IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11833 OF 2025 Between: 1. Gurram Nageswara Rao, S/o Gurram Pitchaiah Aged about 54 years, Occ. Business R/o H No 3-2-198, SthStreet Rajagopalpuram, Naiudupeta, Tirupati District, Andhra Pradesh - 524126. ...PETITIONER(S) AND 1. The State of Andhra Pradesh,, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi 2. The District collector, Tirupathi, Tirupati District 3. The Revenue Divisional Officer, Sullurupeta, Tirupati District 4. The Thasildhar, Pellakur Mandal, Tirupati District 5. Gogutattu Subbulaiah, S/o Late G Ankaiah Aged about 56 Years Occ. Agriculture R/O Pennepalli Village, Pellakur Mandal, Tirupati 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 be pleased to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the act of official respondents in deleting petitioner's name in ownership column and adding the name of un official respondent relating to petitioner's land to an extent of Ac 1.14 Cents situated in survey Number 96-10 of Pennepalli Village, Pellakur Mandal, Tirupati District as illegal, arbitrary, and consequently direct the official respondents to immediately correct the wrong entries by retaining the name of petitioner in owner column as well as deleting the name of un official respondent in the records. 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 -i, pleased to direct the official respondents to consider the representation dt 26/03/2025 made by the petitioner to delete wrong entries relating to petitioners land to an extent of Ac 1.14 Cents situated in survey Number 96-10 of Pennepalli Village, Pellakur Mandal, Tirupati District by retaining the name of petitioner in ownership column. Counsel for the Petitioner : SRI P RAVI KIRAN (R1 TO R4) Counsel for the Respondents : GP FOR REVENUE Counsel for the Respondents : GP FOR BATHA PAID (R5) The Court made the following ORDER : APHC010229342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] Si TUESDAY .THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11833/2025 Between: Gurram Nageswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P RAVI KIRAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11833/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue writ, order or direction more particularly one In the nature of writ of mandamus declaring the act of official respondents in deleting petitioner’s name in ownership column and adding the name of unofficial respondent relating to petitioner’s land to an extent of Ac. 1.14 Cents situated in survey Number.96-10 of Pennepalli Village, Pellakur Mandal, Tirupati District as illegal, arbitrary and conseguently direct the official respondents to immediately correct the wrong entries by retaining the name of petitioner in owner column as well as deleting the name of unofficial respondent in the records and pass such other order or orders....” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is 3. the absolute owner and possessor of the land admeasuring to an extent of Ac.1.14 cents in Sy.No.96-10 situated at Pennepalli Village, Pellakur Mandal, Tirupati District having acquired the same through a registered sale deed vide Doc No. 1478 of 1996. Accordingly, the petitioner’s name was mutated in the revenue records and pattadar pass book was issued in his favour. While things stood thus, the respondent authorities mutated the name of the unofficial respondent by deleting the name of the petitioner in the revenue records in respect of the subject land. For which, the petitioner herein submitted a representation dated 26.03.2025 to the respondent authorities seeking for rectification of the ROR and to mutate the name of the petitioner in the revenue records in respect of the subject land. Even after receipt of the said representation, the respondent authorities neither considered the same nor issued any proceedings. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. On the other hand, learned Government Pleader for the respondents submits that as per Section 5(4) of the amended Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short ‘Act 26 of 1971’), the petitioner herein is available with an statutory alternative remedy of filing an Appeal before the competent authority for redressal of his grievance. As such if the petitioner prefers an Appeal before the competent authority ventilating his grievance, the competent authority would consider the same and pass appropriate orders, in accordance with law, within a reasonable time. 5. For better understanding Section 5(4) of the amended Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short ‘Act 26 of 1971’) is extracted hereunder: “Any person aggrieved by any order passed under Sub Sections (1), 2(a) and the amendment of 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 1 dispose the appeal preferably not later than six months from the date of filing of such appeal. ” Having regard to the submissions made by the learned counsel for the learned Government Pleader for the respondents and on 6. petitioner 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 petitioner herein to prefer an Appeal before the competent authority/ Appellate authority District Revenue Officer/ Revenue Divisional Officer, ventilating his grievance. Section 5(4) of Act 26 of 1971 and pursuant to the new amendment to Section 5(4) of the Act, within a period of three (3) weeks from the date of of this order. On receipt of such Appeal, the respondents directed to consider the same and pass appropriate orders, providing opportunity of hearing to all the parties concerned, i* accordance with law, within a period of four (04) months, thereafter. i.e. as per receipt of a copy authorities are in after directions, the writ petition is disposed of. There shall be 7. With the above no order as to costs. pending in the writ Consequently, Miscellaneous Petitions, if any petition shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// rsEci.rN OFFICER To, ,/ Revenue Department, Rep by its. State of , Pradesh, Secretariat, Velagapudi, Amaravathi 1. The Principal Secretary Andhra 2. The District collector, Tirupathi, Tirupati District 3. The Revenue Divisional Officer, Sullurupeta, Tirupati District 4. The Thasildhar, Pellakur Mandal, Tirupati District 5. Gogutattu Subbulaiah, S/o Late G Ankaiah Aged about 56 Years Occ. Agriculture R/0 Pennepalli Village, Pellakur Mandal, Tirupati District 6. One CC to SRI. P RAVI KIRAN Advocate [OPUC] X’ 7. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8. THREE CD COPIES TAC • • V ' HIGH COURT DATED:06/05/2025 ORDER WP.No.11833 of 2025 * 20MtY2fl» ^ . Current aecuon >jLfespATCX^$^ DISPOSING THE WP WITHOUT COSTS