Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11352 OF 2025 Between:
1. D. Jayamma, W/o. D.Srinivasulu Raju, aged 65 years, Occ: Agriculture, R/o. 5-34, Alamelu Mangapuram,Tiruchanur, Tirupati. 2. D.Srinivusulu Raju, S/o. Abbiraju, aged 72 years, Occ: Agriculture, R/o.5-34, Alamelu Mangapuram, Tiruchanur, Tirupati. ...Petitioners AND
1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi. 2. The District collector, Tirupathi. 3. The Tahsildar, Vadamalapeta Mandal, Tirupati District. 4. M. Jagadesh, S/o. M.Ramesh, Aged about 35 yers, Occ: Private Employee R/o. D.No.7-103/2A,padamavathipuram (v), Yogimallavaram Post, Tirupati (Rural). ...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/s, Order/s more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in mutating the name of respondent No.4 in respect of lands of the petitioners, without following due process of law, in violation of principles of natural justice and violative of Articles 21 and 300-A of Constitution of India and consequently direct the respondent No.3 to remove the name of the respondent No.4 and mutate the name of petitioner no.1 in respect of land admeasuring Ac.1.55 in Sy. No 431/4 of S.V.Puram Village, Vadamalapeta Mandal, Tirupati District and the name of petitioner no.2 in respect of land admeasuring Ac.1.55 in Sy.No.431/2 of S.V.Puram Village, Vadamalapeta Mandal, Tirupati District. tANOlQEiO^ 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 suspend the Khata No.1994 in Sy. Nos.431/2 & 431/4, admeasuring Ac.1.33 cents each, standing in the name of the respondent No.4, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI.
V VENKATA MAYUR Counsel for the Respondents: GP FOR REVENUE The Court made the following Order:
:;1:: % APHC010219052025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATESWARLU NIMMAGADDA lAfPiT PFTITION NO: 11352/2025 IN [3329] THE HONOURABLE SRI Between: ...PETITIONER G Jayamma AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner:
1 .V VENKATA MAYUR Counsel for the Respondent:
1.GP FOR REVENUE The Court made the following ORDE^ The Writ Petition the Petitioner for the following relief; under Article 226 of the Constitution of India is filed by
1. ” to issue a Writ/s, Order/s more particularly one in t e nature of Writ of Mandamus declaring the action of the respondent No. 3 in mutating the name of respondent No. 4 in respect of lands of the petitioners, without following due process of law in violation of principles of natural justice and ZZ of Ariicles 21 and 300-A of Constitution of India and
2 O! 1/ • ^ consequently direct the of the respondent No 3 to ^^spondent No. 4 and mutate in respect of land Sy. No. 431/4 of S. Tirupati District land remove the name ow of petitioner admeasunng land admeasuring Ac and me and the name of petitioner admeasuring Ac. 1.55 in Sy. No village, Vadamalapeta Mandal
order” no. 1 i -55 in Mandai, no. 2 in respect of ^ 431/2 of S. V. Puram • 'irupati District and pass other 2- Heard the learned Government Pleader for counsel for the petitioners Revenue and the learned Assistant respondents. appearing for the
3. The learned counsel for the petitioners submits m the year 1998 that the petitioners were assigned land vide DKT patta i admeasuring to 1-55 in Sy. No. 431/2 of S an extent of •V. Puram village, have been Ac. 1.55 in Sy. No. 431/4 and Ac. Vadamalapeta Mandal Tirupati District. Since then, the petitioners 'n possession and enjoyment of the subject land. While things stood thus, without issuing any notice to the petitioners and wiwithout following due process. the respondent authorities respondents in the are trying to mutate the names of the unofficial revenue records i - 'n respect of the subject land names. For which, the thereby petitioners submitted a removing the petitioners representation to the 3rd receipt of the said considered nor issued respondent on 10.03.2025. However even after representation, the respondent authorities have writ petition. neither any proceedings. Hence, this
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4. The learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that the petitioner is entitled to challenge the order of alteration, if any made by the 3rd respondent by way of an appeal before the Revenue Divisional Officer, who is the competent authority under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, instead of making a representation to the very same authority, i.e., the \ 3rd respondent herein. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and on perusal of the material available on record, the present writ petition can be disposed of by directing the petitioner to submit a statutory appeal under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, before the Revenue Divisional Officer, who is the competent authority within a period of three (03) weeks from the date of receipt of a copy of this order. Upon such submission of
5.
Upon such submission of
5. Appeal, the Revenue Divisional Officer, shall consider the same and pass an opportunity of hearing to the petitioner appropriate order after providing an and other stakeholders, if any, within a period of six (06) months. In the meanwhile, status quo obtaining as on today shall be maintained by all the parties concerned with respect to revenue entries of the subject property. ;4
6. With the above direction, the writ petition is disposed of. No costs. Consequently, interlocutory applications pending, if any, shall also stand closed. Sd/- U SRI DEVI assistant registry S^^0pfomCER //TRUE COPY// To, 1- The Principal Secretary, Revenue Department, Velagapudi, Amaravathi. 2. The District collector. Tirupathi. 3. The Tahsildar, Vadamalapeta Mandal, Tirupati District. MAYUR Advocate [OPUC] . High Court ofAndhra Pradesh [OUT]
4. One CC to SRI V VENKATA
5. Two CCs to GP for REVENUE
6. Three CD Copies vna
HIGH COURT DATED:05/05/2025 U 03JU^'?0« ^ . Cutrenl Section gLoesFATCt^i^ m
ORDER WP.No.11352 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS