IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE .•.f ' ■ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11394 OF 2025 Between: 1. H. Narayana, S/o. H. Lingappa, Aged 29 years, Occ. Agriculturist, R/o. Hampapuram Post Rapthadu Mandal, Raminepalli Village Ananthapuramu District. 2. Tirupalu, S/o. H. Lingappa, Aged 46 years, Occ. Agriculturist, R/o. Hampapuram Post Raminepalli Village Rapthadu Mandal, Ananthapuramu District. 3. Narasimhudu, S/o. Peddanna, Aged 66 years, Occ. Agriculturist HarrSpapuram Post, R/o. Raminepalli Village, Rapthadu Mandal Ananthapuramu District. ...Petitioners AND 1. The State of Andhra Pradesh. Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Ananthapuramu, Ananthapuramu District. 3. The District Revenue Officer/Appellant Authority. Ananthapuramu, Ananthapuramu District, 4. The Thasildar, Rapthadu, Ananthapuramu District 5. Mannala Lakshmanna, S/o. Chinna Kadirappa, Agd 61 years, Occ. Agriculturist, R/o. Raminepalli Village, Hampapurarn vPost, Rapthadu Mandal, Anantapuramu 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 be pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the orders vide D.Dis.No.643/2024/ROR Appeal dt. 18.03.2025 passed by the Respondent No.3 in ordering deletion of web land entries stands in favour of the petitioners lands in respect of 1st petitioner in Sy.No.663-G to an extent of Ac.No.2.13 cents (Khatha No.958), in respect of 2nd petitioner’s land in Sy.No.663-E to an extent of Ac.No.1.44 cents (Khatha No.956) and in respect of 3rd petitioner's land in Sy.No.663-F to an extent of Ac.No;i.18 cents (Khatha No.957) situated Raminepalli Village, Rapthadu Mandal, Ananthapuramu District is illegal, arbitrary and set aside the same ’ may at 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 the operation ^of orders vide D.Dis.No.643/2024/ROR Appeal dt. 18.03.2025 passed by respondent no.3 pending disposal of the writ petition Counsel for the Petitioners: SRI N ASWARTHA NARAYANA Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following: Order APHC010219432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HffiS [3329] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11394/2025 Between; H. Narayana and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1. N ASWARTHA NARAYANA Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NQ- 11394/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ of mandamus or any other appropriate writ order or direction declaring the orders vide D.Dis.No.643/2024/ROR Appeal dt. 18.03.2025 passed by the Respondent No. 3 in ordering deletion of web land entries stands in favour of the petitioners’ lands in respect of petitioner in Sy.No.663-G to an extent of Ac. No. 2.13 cents (Khatha No.958) in respect of 2"^ petitioner’s land in Sy.No.663-E to an extent of Ac.No.1.44 cents (Khatha No.956) and in respect of 3^^ petitioner’s land in Sy.No.663- F to an extent of Ac.No. 1.18 cents (Khatha No.957) situated at Raminepalli Village, Rapthadu Mandal, Ananthapuramu District is illegal, arbitrary and set aside the same and to pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. The claim of the petitioners herein is that the 3”^^ respondent 3. herein passed an order in appeal dated 18.03.2025 ordering deletion of entries of the petitioners and for mutation of name of the un-official respondent in revenue records in respect of lands in Sy.No.663-G to an extent of Ac.No.2.13 cents in Sy.No.663-E to an extent of Ac.No.1.44 cents and in Sy.No.663-F to an extent Ac.No.1.18 cents sitated at Raminepalli Village, Rapthadu Mandal, Ananthapuramu District. 3 Learned counsel for the petitioners submits that the appeal was entertained and passed order by the respondent is without jurisdiction and that too after lapse of 20 years of mutation in favour of the petitioners. Therefore, the impugned order in appeal dated 4. 18.03.2025 is liable to be set aside. On the other hand, learned Government Pleader on 5. instructions submits that order impugned is an appealable order, the petitioners are entitled to claim their rights before the appellate authority whatever they put forth before this Court. In view of the same, if the petitioners aggrieved, they can prefer an appeal before the Joint Collector-2'^^ respondent within thirty (30) days from the date of receipt of copy of this order. 6. Considering the submissions of learned counsel for the petitioner, learned Government Pleader and on perusal of written instructions submitted by the learned Government Pleader, the fact remains that the original appellate authority passed an order on 18.03.2025, considering the claim of the petitioners and un-official respondent and ordered in favour of the un-official respondent. The order itself indicates that it is an appealable order before the Joint Collector-2'^'^ respondent within thirty days. The contention of the petitioners is that the appeal was entertained by the 3"^ respondent, after lapse of twenty years from the year/date of mutation of the name of the petitioners’ which is contrary to law. Cnee the mutation 4 and petitioners were declared as pattadars, after the lapse of twenty years, the 3'^'^ respondent authorities cahnot exercise its power under Section 54 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The said contention of the petitioners cannot be considered now for the reason that the appeal proceedings itself to be challenged on the ground of lack of jurisdiction. Having allowed the appellate authorities to pass final orders in Appeal. Now challenging the order of the 3'"* respondent dated 18.03.2025 is lacks merit. Therefore, said contention can be raised before the appellate authority since the availability of effective alternative remedy is available. It is appropriate to this Court to direct the petitioners to prefer an appeal before the Joint Collector-2'''^ respondent herein for determination of the order in Appeal dated 18.03.2025 is without jurisdiction or not. 7. In view of the facts and circumstances, there shall be direction to the petitioners to prefer a statutory appeal before the 2 respondent within a period of four (04) weeks from the date of receipt of copy of the order. After filing the appeal, the 2 respondent shall consider the same and pass appropriate order after providing an opportunity of hearing of the petitioner as well as other stakeholders including un-official respondent herein within a period of six (06) months thereafter. In the meanwhile, status-quo obtaining as on today shall be maintained by all the parties concerned in nd nd 5 ' respect of possession of the subject properties as well as the revenue entries, if not changed so far. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// . SECTION OFFICER 1 The Principal Secretary^ State of Andhra Pradesh Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Ananthapuramu, Ananthapuramu District. 3. The District Revenue Offieer/Appellant Authority, Ananthapuramu Ananthapuramu District. 4. The Thasildar, Rapthadu, Ananthapuramu District. 5. One CC to SRI N ASWARTHA NARAYANA Advocate [OPUC] 6. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies To, Revenue gsg 1 HIGH COURT DATED: 05/05/2025 ORDER WP.No.11394 of 2025 DISPOSING THE WP WITHOUT COSTS