1 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 T.C.D.SEKHAR WRIT PETITION NO: 14052 OF 2024 Between: 1. G.Eswaramma, W/o Late G.Siva Reddy, 2. G.Sulochana, D/o G.Eswaramma, 3. G.Nagireddy, S/oAdinarayana Reddy, 4. G.Sankar Reddy, S/o Late G.Nagi Reddy, 5. G.Ram.achandra Reddy, S/o Late G.Nagi Reddy, 6. G.Srikrishna Reddy, S/o Late G.Nagi Reddy, 7. G.Raghava Reddy, S/o G.Sankar Reddy, 8. G.Trinatha Reddy, S/o G.Srikrishna Reddy, (All are residing near Anjaneyaswamy Temple, Rudrampeta Village Anantapur Rural Mandal, Anantapur District.) ...PETITIONERS AND 1. The State of A.P, rep by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Guntur District. 2. The District Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur, Anantapur District. 4. The Tahsildar, Anantapur Rural Mandal, Anantapur District. 5. M.Anup Kumar, S/o Late M.Ramappa, 6. M.Anasuyamma, W/o Late M.Sudhakar, 7. M.Vijayalakshmi, W/o Late M.Umakanth, 8. M.Govardhan, S/o Late M.Hanumanna, i sN 1. (Respondents 5 to 8 are R/o D.No.74, M.V.Nagar, Kappagal Road, Bellary, Karnataka.) ...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 or Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the 4'^ respondent in changing the revenue records of the lands in Sy.No.99-1 an extent of Ac.6.88 cents situated at Kakkalapalli village, Anantapur Rural Mandal, Anantapur District in favour of respondents 5 to 8 without jurisdiction is illegal, arbitrary and violation of the principles of the natural justice and consequently direct the 4**^ respondent to restore the portioners name in the revenue records. lA NO: 1 OF 2024 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 4‘^ respondent to suspend the names of the respondents 5 to 8 in the revenue records of the lands Sy.No.99-1 an extent of Ac.6.88 cents situated at Kakkalapalli village, Anantapur Rural Mandal, Anantapur District. lA NO: 2 OF 2024 Between: The Tahsildar, Anantapur Rural Mandal, Anantapur District. ...PETITIONERS AND 1. G.Eswaramma, W/o Late G.Siva Reddy, 2. G.Sulochana, D/o G.Eswaramma, 3. G.Nagireddy, S/o Adinarayana Reddy, 4. G.Sankar Reddy, S/o Late G.Nagi Reddy, 5. G.Ramachandra Reddy, S/o Late G.Nagi Reddy, G.Srikrishna Reddy, S/o Late G.Nagi Reddy, G.Raghava Reddy, S/o G.Sankar Reddy, G.Trinatha Reddy, S/o G.Srikrishna Reddy, (All are residing near Anjaneyaswamy Temple, Rudrampeta Village Anantapur Rural Mandal, Anantapur District.) 6. 7. 8. ...RESPONDENTS/PETITIONERS 9. The State of A.P, rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 10. The District Collector, Anantapur, Anantapur District. 11. The Revenue Divisional Officer, Anantapur, Anantapur District. 12. M.Anup Kumar, S/o Late M.Ramappa, 13. M.Anasuyamma, W/o Late M.Sudhakar, 14. M.Vijayalakshmi, W/o Late M.Umakanth, 15. M.Govardhan, S/o Late M.Hanumanna, (Respondents 12 to 15 are R/o D.No.74, M.V.Nagar, Kappagal Road, Bellary, Karnataka.) (R9 to R15 are not necessary parties in this petition) ...RESPONDENTS 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 vacate the interim order dated 12.07.2024 in W.P. No. 14052 of 2024 and also dismiss the Writ Petition. Counsel for the Petitioners: SRI M KARIBASAIAH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 8:SRj SESHADRI GOALLA The Court made the following: ORDER APHC010280762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14052/2024 Between; ...PETITIONER(S) G.eswaramma, and Others AND ...RESPONDENT(S) The State Of A P and Others Counsel for the Petitioner(S): 1.M KARIBASAIAH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.SESHADRI GOALLA The Court made the following order: The petitioners claim that they are the absolute owners and of the land, admeasuring an extent of Ac.6.88 cents in possessors Sy.No.99-1, an extent of Ac.6.65 cents in Sy.No.99-2 and an extent of Ac.15.08 in Sy.No.100, situated at Kakkalapalli Village, Anantapur Rural Mandal, Anantapur District. It is further case of the petitioners that they have partitioned the said property under Registered partition deed vide document No.8272/2008, dated 25.10.2008. Subsequently, their names were mutated in the revenue records by considering their right and title over the subject lands. While so, the respondents 5 to 8, without any manner of right title and interest over the property in dispute, made an application before the 4*^ respondent, seeking to mutate their names in revenue records in respect of the subject land. Upon which, the 4‘^ respondent, without notice to the petitioners and without following the issuing any procedure contemplated under Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act, 26 of 1971), mutated the names of the respondent Nos.5 to 8 in revenue records. Aggrieved by the said action of the 4*^ respondent, the present writ petition is filed. 3 The 4*^ respondent-Tahsildar filed counter affidavit stating that, pursuant to application made by respondent Nos.5 to 8, a 2. notice dated 20.05.2024 in Form-8, was affixed at Grama Sachivalayam/Panchayat Office calling for objections, if any, to be filed within 15 days. It is further averred in the counter that, an enquiry was conducted and after following the procedure contemplated under law, the names of the respondents 5 to 8 were mutated in the revenue records. The respondents 5 to 8 filed counter affidavit stating that the 4^'^ respondent issued notice dated 22.07.2023 to the writ petitioners. In pursuance of the said notice, the 4^'^ respondent recorded the statements of the petitioners on 31.07.2023. Thereafter, the 4 respondent passed orders mutating the names of respondents 5 to 8 3. th in respect of subject lands. 4. Heard learned counsel for the petitioner, learned counsel for the respondents 5 to 8 and learned Assistant Government Pleader for Revenue. 5. Perused the material available on record and considered the submissions of counsel on record. r 4 % The counsel for respondent Nos.5 to 8 would contend that the writ petition is not maintainable as the petitioners have got efficacious alternative remedy of filing an appeal as per Section 5(5) 6. of Act 26 of 1971. It is further contended that, before issuing whereunder the names of proceedings dated 11.06.2024 respondent Nos.5 to 8 were mutated in revenue records over the subject land, the 4'^ respondent has undertaken enquiry and after following the procedure contemplated under the said Act. On the contrary the learned counsel for the petitioners strenuously contend that no such notice was issued to the petitioners nor any enquiry was conducted in the matter before mutating the name of respondent Nos.5 to 8 in revenue records. On perusal of the proceedings dated 11.06.2024, it is clear that, there is no reference to notice dated 22.05.2024, said to have been issued by the 4^^ respondent to the petitioners. Further, there is reference with regard to recording of statements of the petitioners 31 07.2023. From the above it is clear that the 4‘^ respondent did not adhere to the procedure contemplated under Act 26 of 1971 while mutating the names of respondent Nos.5 to 8 in revenue records. On this ground along the said order is liable to be set aside. 7. no on 5 8. Accordingly, the proceedings vide Rc.No.890/B/2023, dated 11.06.2024, issued by the 4*'' respondent, is set aside and the 4^*^ respondent is directed to issue notice afresh to the petitioners well as to the respondents 5 to 8 calling for objections and appropriate orders in the matter, by affording opportunity of being as pass heard to them. The said exercise has to be completed within a period of eight (08) weeks from the date of receipt of a copy of this order. 9. With the above direction, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// f ^ SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur, Anantapur District. 4. The Tahsildar, Anantapur Rural Mandal, Anantapur District. 5. One CC to Sri M. Karibasaiah, Advocate [OPUC] 6. One CC to Sri Seshadri Goalla, Advocate[OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb ^SSSi 1 -r^’' high court DATED;06/05/2025 ORDER WP.No.14052 of 2024 ANo5^;j. g I2 JUN 2075 ^ Current section . ^ allowing the w.p. without COSTS