APHC010515192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26521/2025 Between: 1. VUTUKURU VASUDEVA REDDY,, S/O. V.LAKSHMI REDDY AGED ABOUT 61 YEARS, OCC- R/O. D.NO.2-3, DONDLAVAGU VILLAGE, LINGALA MANDAL Y.S.R KADAPA DISTRICT. 2. VUTUKURU HEMALATHA,, W/O. V.VIDHYANANADAREDDY, AGED ABOUT 44 YEARS, OCC- HOUSE WIFE R/O. D.NO.2-3, DONDLAVAGU VILLAGE, LINGALA MANDAL Y.S.R KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA. 3. THE JOINT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA. 4. THE DISTRICT REVENUE OFFICER, , JOINT COLLECTOR OFFICE Y.S.R KADAPA DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, PULIVENDULA REVENUE DIVISION Y.S.R KADAPA DISTRICT. 6. THE TAHSILDAR, LINGALA MANDAL, Y.S.R KADAPA 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in taking up Suo Moto Revision under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 in respect of the land in an extent of Ac.5.00 cents in Sy.No.380- 2P3 and Ac.5.00 cents in Sy.No.410-1 of Dondlavagu Village, Lingala Mandal, Y.S.R Kadapa District, belong to us, by issuing notice in Ref.No.REV-DSECOROR(ROR)/141/2025-SA- D2-DSEC-KDPCO, dated 10.09.2025 basing on the reports said to have been submitted by the respondent No.5 that, the land in an extent of Ac.53.15 cents in Sy.Nos.15, 150, 361-PI, 380-1 of Dondlavagu Village, Lingala Mandal, 2 Y.S.R Kadapa District, was illegally got entered in our names in the revenue records and consequential action of the respondent No.4 and calling upon us to attend for the hearing along with relevant records, even though, we are nothing to do with the said extent of land, as arbitrary, illegal as arbitrary, illegal, contrary to the principles laid down by this Hon9ble Court vide Order, dated 08.10.2021 in W.P.No.16458 of 2021 and the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same and 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 pleased grant stay of all further proceedings inpursuance of the Notice in Ref.No.REV- DSECOROR(ROR)/141/2025- SA-D2-DSEC-KDPC0, dated 10.09.2025 issued by the respondent No.4, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE WRIT PETITION NO: 26522/2025 Between: 1. D PRAMEELAMMA, W/O. D.MALLA REDDY, AGED ABOUT 78 YEARS, R/O. D.NO.4-10-219, PRASANTHI NAGAR, NEAR SUJATHA HALL PULIVENDULA, Y.S.R KADAPA DISTRICT. 2. D.SIVA SANKAR REDDY,, S/O. D.MALLA REDDY, AGED ABOUT 57 YEARS, R/O. D.NO.2-3A, DONDLAVAGU VILLAGE, LINGALA MANDAL Y.S.R KADAPA DISTIRCT. 3. D.THULASAMMA,, W/O. D.SIVA SANKAR REDDY, AGED ABOUT 56 YEARS, R/O. D.NO. 2-3A, DONDLAVAGU VILLAGE, LINGALA MANDAL Y.S.R KADAPA DISTRICT. 4. D.CHAITANYA REDDY,, S/O. D.SIVA SANKAR REDDY, AGED ABOUT 34 YEARS, R/O. D.NO.4-10-219, PRASANTHI NAGAR, PULIVENDULA Y.S.R KADAPA DISTRICT. 5. D.YASWANTH REDDY,, S/O. D.SIVA SANKAR REDDY, AGED ABOUT 32 YEARS, R/O. D.NO.4-10-219, PRASANTHI NAGAR, PULIVENDULA, Y.S.R KADAPA DISTRICT. 6. SINGAM SHRAVANI,, W/O. YASWANTH REDDY, AGED ABOUT 32 YEARS, R/O. D.NO.4-10-219, PRASANTHI NAGAR, PULIVENDULA Y.S.R KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY 3 REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA. 3. THE JOINT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA. 4. THE DISTRICT REVENUE OFFICER, JOINT COLLECTOR OFFICE Y.S.R KADAPA DISTRICT 5. THE REVENUE DIVISIONAL OFFICER, PULIVENDULA REVENUE DIVISION Y.S.R KADAPA DISTRICT. 6. THE TAHSILDAR, LINGALA MANDAL, Y.S.R KADAPA 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in taking up Suo Moto Revision under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 in respect of the land in an extent of Ac.5.00 cents in Sy.No.15/lb, Ac.5.00 cents in Sy.No.15-5, Ac.5.00 cents in Sy.No.15-6, Ac.5.00 cents in Sy.No.15-7 and Ac.5.00 cents in Sy.No. 150-6 and Ac.5.00 cents in Sy.No. 150-7 of Dondlavagu Village, Lingala Mandal, Y.S.R Kadapa District, belong to us, by issuing notice in Ref.No.REV-DSECOROR(ROR)/141/2025-SA-D2-DSEC-KDPCO, dated 10.09.2025 basing on the reports said to have been submitted by the respondent No.5 that, the land in an extent of Ac.53.15 cents in Sy.Nos.15, 150, 361-P1, 380-1 of Dondlavagu Village, Lingala Mandal,Y.S.R Kadapa District, was illegally got entered in our names in the revenue records and consequential action of the respondent No.4 calling upon us to attend for the hearing alongwith relevant records, eventhough, as arbitrary, illegal as arbitrary, illegal, contrary to the principles laid down by this Hon'ble Court vide Order, dated 08.10.2021 in W.P.No.16458 of 2021 and the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently setaside the same and 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 pleased grant stay of all further proceedings inpursuance of the Notice in Ref.No.REV- DSECOROR(ROR)/141/2025-SA-D2- DSEC-KDPCO, dated 10.09.2025 issued by the respondent No.4, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. V R REDDY KOVVURI 4 Counsel for the Respondent(S): 1. GP FOR REVENUE WRIT PETITION NO: 26553/2025 Between: 1. GUGGULA RAGHAVENDRA REDDY,, S/O. VENKATA RAMANA REDDY AGED ABOUT 32 YEARS, R/O. D.NO.1/47, YARAMALAPALLI, NORTH PALAGIRI V.N.PALLI MANDAL, Y.S.R DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA 3. THE JOINT COLLECTOR, Y.S.R KADAPA DISTRICT, KADAPA. 4. THE DISTRICT REVENUE OFFICER, JOINT COLLECTOR OFFICE Y.S.R KADAPA DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, PULIVENDULA REVENUE DIVISION Y.S.R KADAPA DISTRICT. 6. THETAHSILDAR, LINGALA MANDAL, Y.S.R KADAPA 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in taking up Suo Moto Revision under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 in respect of the land in an extent of Ac.5.00 cents in Sy.No.15/lA of Dondlavagu Village, Lingala Mandal, Y.S.R Kadapa District, belong to me, by issuing notice in Ref.No.REV- DSECOROR(ROR)/141/2025-SA-D2-DSEC-K DPCO, dated 10.09.2025 basing on the reports said to have been submitted by the respondent No.5 that, the land in an extent of Ac.53.15 cents in Sy.Nos.15, 150, 361-PI, 380-1 of Dondlavagu Village, Lingala Mandal, Y.S.R Kadapa District, was illegally got entered in my name in the revenue records and consequential action of the respondent No.4 calling upon me to attend for the hearing alongwith relevant records, as arbitrary, illegal as arbitrary, illegal, contrary to the principles laid down by this Hon'ble Court vide Order, dated 08.10.2021 in W.P.No. 16458 of 2021 and the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently setaside the same 5 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 pleased grant stay of all further proceedings in pursuance of the Notice in Ref.No.REV- DSECOROR(ROR)/141/2025-SA-D2-DSEC- KDPCO, dated 10.09.2025 issued by the respondent No.4, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE 6 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos. 26521, 26522 AND 26553 OF 2025 COMMON ORDER: These three writ petitions are heard and disposed of by way of this common order, since the impugned notice dated 10.09.2025 is one and the same. 2. The respondent No.3 issued notice dated 10.09.2025 by exercising powers under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter for short referred to as the 8Act), directing the petitioners to attend for an inquiry with all necessary original documents and records pertaining to the land admeasuring Ac.53.15 cents in Sy.Nos.15, 150, 361-P1, 380-1 of Dondlavagu Village, Lingala Mandal, Y.S.R. Kadapa District, failing which, matter will be decided ex parte as per records available. 3. The said notice is assailed in the present writ petitions on the ground that no prior notice was issued before issuing notice under Section 9 of the Act and also relied on the judgments rendered by the Coordinate Bench of this Court in W.P. No.16458 of 2021 dated 08.10.2021 and W.P.No.30186 of 2024 dated 20.12.2024 and prayed to pass similar order in these writ petitions as well. 4. Sri K.A. Krishna Reddy, learned Government Pleader appearing on behalf of respondent Nos.1 to 6 would submit that section 9 of the Act does not suggest or require the issuance of prior notice before initiating proceedings. 7 5. A learned single Judge of this Court in W.P. No.16458 of 2021 following the law laid down in the judgment in M/s D.N.Ray vs State of Bihar1 of the Hon9ble Apex Court held that a prior show cause notice is required before issuance of notice under Section 9 of the Act. Following the judgment in W.P. No. 42510 of 2016, another learned Single Judge of this Court, in W.P. No. 30186 of 2024, held the same. 6. As outlined in the judgments referred supra, it is incumbent on the 3rd respondent to give notice to the petitioners before initiating suo motu proceedings and then pass final order. Therefore, the impugned notice is not sustainable. 7. Therefore, this Court instead of quashing the impugned notice dated 10.09.2025, it would be treated as a show cause notice. Accordingly, the impugned notice issued under Section 9 of A.P. Rights in Land Pattadar Pass Books Act, is directed to be treated as show cause notice and the petitioners are directed to give their explanation to the above said notice within a period of 15 days from the date of receipt of copy of this order. On receipt of the said explanation, the 3rd respondent shall proceed as outlined in section 9 of the Act, and pass appropriate orders on merits and in accordance with law. Till such time the impugned notice shall remain in abeyance. 8. Accordingly, the writ petitions are disposed of. There shall be no order as to costs. 1 AIR 1971 SC 1045 8 As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.09.2025 KBN