APHC010376182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 19017/2025 Between: 1. PENUMATCHA VARMA RAJU, S/O VENKATA RAJU AGED ABOUT 74 YEARS, R/O D.NO.8-78, RAJUPALEM VILLAGE, KARLAPALEM MANDAL, BAPATIA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATEA/C, BAPATLA DISTRICT, BAPATLA. 3. THE DISTRICT REVENUE OFFICER, BAPATLA DISTRICT AT BAPATLA. 4. THE TAHSILDAR, KARLAPALEM MANDAL BAPATLA DISTRICT. 5. MANTHENA NAGARAJU, S/O RANGA RAJU, AGED ABOUT 68 YEARS. TRUSTEE SRI HANUMATH SAMETHA KODANDA RAMASWAMY TEMPLE, BUDDAM VILLAGE, KARLAPALEM MANDAL, BAPATLA DISTRICT. ...RESPONDENT(S): 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 directions more particularly one in the nature of Writ of Certiorari call for the records in Order in D.Dis.D1/3722/2024, dated -Nil- on the file of the 2nd respondent, by directing the 4 respondent to issue pattadar passbooks and title deeds in favour of Sri Hanumath Sametha Sri Kodanda Ramaswamy Devasthanam for the lands situated in Sy.No.265 to an extent of Ac.2.30 cents of Buddam Village, Karlapalem Mandal, Bapatia District, 2 duly cancelling the pattadar passbooks and title deeds vide Khata No.505 stands in the name of the petitioner is illegal, arbitrary, unconstitutional, void abinitio, contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, contrary to the provisions of the Transfer of Property Act and in violation of Articles 14 and 300-A of the Constitution of India, and quash the same, and to pass IA 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 suspend the operation of the proceedings pursuant to the order in D.Dis.D1/3722/2024, dated -Nil- on the file of the 2nd respondent pending disposal of the writ petition and to pass IA 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 may be pleased to vacate the order dated 24.07.2025 passed in I.A.No.1 of 2025 in W.P.No.19017 of 2025 and dismiss the writ petition with costs and pass IA NO: 3 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 may be pleased to vacate the interim order dated 24.07.2025 passed in IA.No.1 of 2025 in WP.No.19017 of 2025 and dismiss writ petition and pass Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. MEKA RAHUL CHOWDARY 2. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: <to issue any writ, order or direction more particularly one in the nature of Writ of Certiorari call for the records in Order in D.Dis.D1/3722/2024, dated -Nil- on the file of the 2nd respondent, by directing the 4 respondent to issue pattadar passbooks and title deeds in favour of Sri Hanumath Sametha Sri Kodanda Ramaswamy Devasthanam for the lands situated in Sy.No.265 to an extent of Ac.2.30 cents of Buddam Village, Karlapalem Mandal, Bapatia District, duly cancelling the pattadar passbooks and title deeds vide Khata No.505 stands in the name of the petitioner is illegal, arbitrary, unconstitutional, void abinitio, contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, contrary to the provisions of the Transfer of Property Act and in violation of Articles 14 and 300-A of the Constitution of India, and quash the same, and to pass….= 2. Heard M/s. V.V.N.Narayana Rao, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioner submitted that the primary contention of the petitioner is that without there being any order by the competent authority, filing an appeal and entertaining the same by respondent no.3 and Revision by respondent no.2 is contrary to law laid down by this Court vide observations made by the Full Bench of the Composite High Court of Andhra Pradesh at Hyderabad reported in between Chinnam Pandurangam vs. Mandal Revenue Officer, Serilingampally Mandal and Others1. 1 (2007) 6 ALT 134 4 4. Learned counsel appearing on behalf of respondent no.5 has conceded only with regard to non-availability or passing of any order by the competent authority. 5. Learned Assistant Government Pleader appearing for respondents submitted that the Court may pass appropriate orders. 6. Considering the submissions, without going into the merits of the case, the orders of respondent no.2 dated 28.7.2025 and the revision orders of respondent no.3 dated 26.10.2024 are set aside, remanding the matter to respondent no.4 to consider the request of the petitioner and pass appropriate orders as per the provisions of the Act by following the observations made by the Full Bench of the Composite High Court of Andhra Pradesh at Hyderabad reported in between Chinnam Pandurangam vs. Mandal Revenue Officer, Serilingampally Mandal and Others referred to supra. 7. With the above observation, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 02.12.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.19017 of 2025 02.12.2025 RD