IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original sJurisdiction) «0 U/ 50 THURSDAY, THE THIRTEENTH DAY OF FEBRUARY 13 TWO THOUSAND AND TWENTY FIVE -<] PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2227 OF 2025 Between: 1. Sri Sulam Pedda Obulesu, S/o Late S. Govindu Aged about 49 years, R/o D. No. 3/22, Raptadu Mandal, Anantapur District. 2. Sri Sulam Vasanthu, S/o Late S. Govindu, Aged about 40 years, R/o D. No. 3-22-A, Raptadu Mandal, Anantapur District. ...Petitioners .AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The Joint Collector, Anantapur District. 3. The Revenue Divisional Officer, Anantapur Division, Anantapur District. 4. The Tahsildar, Raptadu Mandal. Anantapur District. 5. K. Guru Prasad, S/o Not Known, R/o Raptadu Mandal, Anantapur District. 6. M. Ramesh, S/o Not Known, R/o Raptadu Mandal, Anantapur District. 7. B. Gopal, S/o Known, R/o Raptadu Mandal, Anantapur 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 a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the 4th respondent in issuing a notice under Rule 16 (2) and Section 3 (3) of the ROR Act and Rules, based on the Spandana application submitted by the unofficial respondents, as illegal, arbitrary, and violative of Articles 14, 19, and 300A of the Constitution of India. Consequently, set aside the notice issued by the respondent vide Rc. No. 398/B/2024 dated 20.12.2024 interest of justice. in the 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 stay all further proceedings in pursuance of the Notice vide Rc. No. 398/B/2024 dated 20.12.2024, in the interest of justice. Counsel for the Petitioners: SRI K SRINIVAS Counsel for the Respondents 1 to 4; GP FOR REVENUE Counsel for the Respondents 5 to 7: The Court made the following order: 6.- APHC010036982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2227/2025 Between: 1.SRI SULAM PEDDA OBULESU,. S/0 LATE S. GOVINDU AGED RAPTADU MAN DAL. ABOUT 49 YEARS. R/0 D. NO. 3/22 ANANTAPUR DISTRICT. 2.SRI SULAM VASANTHU.. S/0 LATE S. GOVINDU. AGED ABOUT 40 YEARS. R/0 D. NO. 3-22-A. RAPTADU MANUAL. ANANTAPUR DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL REVENUE DEPARTMENT. SECRETARIAT SECRETARY, BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR, ANANTAPUR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ANANTAPUR DIVISION, ANANTAPUR DISTRICT. 4.THE TAHSILDAR, RAPTADU MANUAL. ANANTAPUR DISTRICT. R/0 RAPTADU MANUAL, 5.K GURU PRASAD, S/0 NOT KNOWN. ANANTAPUR DISTRICT. R/0 RAPTADU MANUAL, 6.M RAMESH, S/O NOT KNOWN, ANANTAPUR DISTRICT. 2 7.B GOPAL, S/0 KNOWN DISTRICT. R/0 RAPTADU MANDAL, ANANTAPUR ...RESPONDENT(S): Counsel for the Petitioner(S); 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri K. Srinivas, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration. 2. The present Writ Petition is filed challenging the Notice issued by the Tahsildar, Rapthadu Mandal, dated 20.12.2024 (Ex.P.1). The said Notice is issued under Form-V, as prescribed under Rule 16 (2) of the A.P Rights in Land and Pattadar Pass Books Act, 1989 (for short ‘Act, 1989’). Rule 16 prescribes the procedure for rectification of entries in the Records of Rights. Rule 15 prescribes preparation and updating of records in all lands as prescribed under Section 3 of the RoR Act. 3. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration has submitted the Written Instruction submitted by the Tahsildar, Rapthadu, dated 13.02.2025. Copy of it has been supplied to the learned Counsel for the Writ Petitioners. The same is taken on record. 4. It transpires from the Written Instruction that, the residents of Pullalarevu Village of Rapthadu Mandal have sought grant of house sites in a land which is nearer to the Pullalarevu Village. Due to non-availability of land in Pullalarevu Village, the residents of Pullalarevu Village, had given a Representation to the Tahsildar, Rapthadu Mandal for grant of house sites to 3 the eligible beneficiaries. It appears that, in response to the said Representation, the impugned Notice has been issued. The Written Instruction would also indicate that the D-Patta issued in the name of Dasari Sulam Nagalakshmi w/o Sulam Govindu (father of Writ Petitioners herein) does not appear to be genuine and that the Pattadars are not in possession and enjoyment of the said lands. 5. With regard to the Notice, which is admittedly issued under sub-rule 2 of Rule 16 read with sub-section 3 of Section 3 of RoR Act, this Court is of the opinion that the said Notice is unsustainable in law. If the Respondent Authorities intend to conduct an enquiry as regards the ownership for possession of land, they ought to have resorted to other provisions of the Statute. Issuance of Form-V Notice under the provisions (as mentioned above) is unsustainable in law. Accordingly, the Notice dated 20.12.2024 (Ex.P.1) is set aside. However, the Official Respondents are at liberty to follow the due process of law, in the event any further proceedings are required to be initiated against the Writ Petitioners. 6,With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR/ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The Joint Collector, Anantapur District. 3. The Revenue Divisional Officer, Anantapur Division, Anantapur District. 4. The Tahsildar, Raptadu Mandal. Anantapur District. 5. One CC to Sri K Srinivas, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:13/02/2025 I" 17 MAR 2025 ^ . Current Section . ORDER WP.No.2227 of 2025 ALLOWING THE WP WITHOUT COSTS