Extracted from the PDF above. The PDF is authoritative.
APHC010181652025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 573/2025 Writ Appeal under clause 15 of the Letters Patent beg to present this Memorandum of Writ Appeal against the orders dated 28.11.2024 passed in W.P.No.743 of 2022 by the Honble Sri Justice Ravi Cheemalapati, Between:
1. M G SRINIVAS REDDY, S/O M. GOVINDA REDDY, AGED 48 YEARS, OCC REAL ESTATE, R/O. D.NO.24-2-278, MOTHUKAPALLI, HINDUPUR MANDAL, ANANTHAPUR DISTRICT. 2. T. GOPINATHA REDDY, S/O Y. THIMMA REDDY, AGED 54 YEARS, OCC REAL ESTATEE, R/O. D.NO.24-2-7, MOTHUKAPALLI, HINDUPUR MANDAL, ANANTHAPUR DISTRICT. ...APPELLANT(S) AND
1. BHUPALAM S LAKSHMI NARAYANA, S/O BHUPALAM SRIRAMA GUPTHA, AGED 75 YEARS, OC BUSINESS, R/O. D.NO.24-1-20, MOTHUKAPALLI,
HINDUPUR MANDAL, ANANTHAPURAM DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, ANANTHAPUR DISTRICT,
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ANANTHAPUR. 4. THE REVENUE DIVISIONAL OFFICER, PENUKONDA, ANANTHAPUR DISTRICT. 5. THE TAHASILDAR, HINDUPUR MANDAL, ANANTHAPUR DISTRICT. ...RESPONDENT(S):
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 may be pleased to dispense with the filing of certified copy of orders in W.P.No.743 of 2022 dt.28.11.2024 passed by the learned single judge and pass such 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 condone the delay of 100 days in filing the present writ appeal against the orders dt.28.11.2024 in W.P.No.743 of 2022 passed by the Hon’ble learned single judge pending disposal of the present writ appeal to pass such 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 stay the operation of orders dt.28.11.2024 in VV.P.No.743 of 2022 passed by the Hon’ble learned single judge, pending disposal of the 'vrit appeal and to pass such Counsel for the Appellant(S):
1. N ASWARTHA NARAYANA Counsel for the Respondent(S):
1. GP FOR REVENUE
2.
P NARAHARI BABU
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The Court made the following Judgment:
(Per Hon’ble Sri Justice R Raghunandan Rao)
The 1st respondent herein had approached this Court by way of W.P.No.743 of 2022, with a grievance that his name had been removed from the revenue records for an extent of Ac.0-20 cents in Sy.No.49/3 of Hindupur Village Polam and Mandal of Anantapur District and the name of the appellant herein had been included in his place, by the Tahsildar, Hindupur Mandal without any notice being given to the respondent. 2. A learned Single Judge of this Court, by an order dated 28.11.2024 had
disposed of the writ petition, holding that proper service of notice was not done on the 1st respondent and directed that the name of the 1st respondent should be restored while leaving it open to the appellant to take steps under law, if there was any grievance against any incorporation of the 1st respondent’s name in the revenue records.
3. Heard Sri N.Aswartha Narayana, learned counsel for the appellant and Sri P.Narahari Babu, learned counsel for the 1st respondent.
4.
Learned counsel for the appellant would contend that the appellant had purchased Ac.0-20 cents of land in the year 2020 from his vendor and had approached the Tahsildar, on the strength of the registered Deed of Sale. He would further contend that the Tahsildar had specifically stated that the notice had been sent to the 1st respondent and thereafter affixed on the wall of the
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Grama Panchayat on account of the appellant refusing to receive the said notice. He would submit that in such circumstances, there was service of notice and there was no violation of principles of natural justice which would required this Court to intervene. He would further submit that the 1st respondent, who had effective alternative remedy to approach the appellate authority, under the Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, 1971 (for short <the Act=), had approached this Court after the period within which the appeal could have been filed, had expired.
5. The learned Single Judge has specifically held that no material had been placed before him to show that proper notice has sent to the 1st respondent before substituted service, of affixing the notice on the wall of the Grama Panchayat had been taken.
6. We do not find any reason to differ with this view of the learned Single Judge.
7. In such circumstances, we do not find any reasons to interfere with the direction of the learned Single Judge, however, we would be make it clear that it is open to the appellant to approach the Tahsildar again, seeking mutation of the revenue entries to an extent of Ac.0-20 cents in Sy.No.49-3 of Hindupur Village Polam and the same can be considered by the Tahsildar, after due notice and opportunity being given to the 1st respondent. Needless to say that the Tahsildar, Hindupur Mandal shall complete the inquiry and pass
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appropriate orders, as per law, within a period of two (2) months from the date of receipt of this order.
8. Accordingly, this Writ Appeal is allowed. There shall be no order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J
________________ T.C.D. SEKHAR, J
Date: 18.11.2025 KA
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183 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT APPEAL NO: 573/2025 Date: 18.11.2025 KA