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: 11861 OF 2025 Between: 1. Koyya Appala Reddy, S/o Late Narasimhulu, Male, Aged about 45 Years, Occ. Pvt Employee, R/o 52-8-4/1, Old .Resapuvanipai Visakhapatnam Visakhapatnam District, Andhra Pradesh. 2. Koyya Srinivasarao, S/o Late Poli Thatha, Male, Aged about 48 Years, Occ. Pvt Employee, R/o 52-8-4/1 Visakhapatnam Visakhapatnam District, Andhra Pradesh. em Old Resapuvanipalem, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue ^ Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Vizianagaram, Vizianagaram District Andhra Pradesh. 3. The Tahsildar, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh. 4. Seeram Sathyanarayana, S/o Venkata Ramanaiah Bhogapuram Mandal, Vizianagaram District, Andhra R/o Munjeru, Pradesh - 535216. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the Respondents No.2 to 3 in 16.04.2025 submitted to amounts to abdication of not considering my representation dated Respondent No.3 as illegal, arbitrary and statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 3 to change the entries from Respondent No.4 to petitioner's name in Revenue Records the Survey No.373-5, 6, 7, 8, 9, 10 to an extent of Ac 3.07 cents in Munjeru Village, Bhogapuram Mandal, Vizainagaram District Andhra Pradesh. 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 Respondents 2 to 3 to consider the the petitioner dated 16.04.2025 in accordance with law pending disposal of the main Writ Petition. representation of Counsel for the Petitioner: SRI VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: NONE APPEARED The Court made the following: 7 / APHC010222742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 11861/20?*^ NIMMAGADDA Between: Koyya Appala Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh Counsel for the Petitloner(S): 1. VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; and Others ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11861/2025 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 more particularly one in the nature of mandamus declaring the action of the Respondents Nos. 2 to 3 in not considering my representation dated 16.04.2025 submitted to Respondent No. 3 as illegal, arbitrary and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 3 to change the entries from Respondent No. 4 to petitioner’s name in Revenue Records the Survey Nos.373-5, 6, 7, 8, 9, 10 to extent of Ac. 3.07 cents in Munjeru Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh and pass such other order or orders....” an 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the land admeasuring to an extent of Ac.3.07 cents in Sy.Nos. 373-5, 6, 7, 8, 9, 10 situated at Munjeru Village, Bhogapuram Mandal, Vizianagaram District having acquired the same from their ancestors. He further submits that till 2025, the subject property is in the name of petitioners’ grandfathers’ only. Later, the petitioners herein came to know that one Seeram Sathyanarayana S/o. Venkata Ramanaiah name has been mutated in respect of the subject property in the revenue records by deleting the petitioners’ grandfathers’ name, without giving any notice and without following due process of law. For which, the petitioners herein submitted several applications through Mee-seva seeking for mutation of the revenue records in respect of the subject property in their name by deleting the name of Sri Seeram Sathyanarayana S/o. Venkata Ramanaiah and a representation dated 16.04.2025 has also been submitted to respondent No.3 to that effect. Even after receipt of the said representation, so far, the respondent authorities neither considered the same nor issued any other proceedings. Aggrieved by the said action, the petitioners herein filed the present writ petition. 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 petitioners herein are available with an alternative remedy of filing an appeal befofe.tbe competent authority for redressal of their grievance. As such, if the petitioners prefers an Appeal before the competent authority ventilating their grievance, the competent authority would consider the same and appropriate orders, in accordance with law, within a reasonable time. 4. pass 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: 5. <« “Any person aggrieved by any order passed under Sub Sections (1), 2(a) and the amendment ofR.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 dispose the appeal preferably not later than six months from the date of filing of such appeal.” 6. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents 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 petitioners herein to prefer an Appeal before the competent authority i Revenue Officer/Revenue Divisional Officer as per Section 5(4) of Act 26 of 1971 and as per further amendment to Section 5(4) of the Act, the RDO would be the appellate authority, within a period of three (3) weeks from the date of receipt of a copy of this order. On receipt of such Appeal, the respondents authorities are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to ail the parties accordance with law, within a period of four (04) months, thereafter. on i.e.. District concerned, in 7. With the above directions, 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. SDI- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTlOM OFFICER To. 1. The Principal Secretary, Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. State of Andhra Pradesh, Revenue 7 2. The District Collector, Vizianagaram. Vizianagaram District Andhra Pradesh. 3. The Tahsildar, Bhogapuram Mandal Pradesh. Vizianagaram District, Andhra 4. Seeram Sathyanarayana, S/o Venkata Ramanaiah, R/o Munjeru Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh 5. One CC to Sri Venkata Mohan Rao Pathakota - 535216. Advocate [OPUC] 6. Two CCS to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies sree i. > HIGH COURT DATED:06/05/2025 \ ORDER WP.No.11861 of 2025 DISPOSING OFTHEW.P. WITHOUT COSTS