APHC010431222023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. BETWEEN: 1. LANKA VEERRAJU, S/o. TUKKAYYA, AGED 65 YEARS, HINDU, R/o. D.No. LMG WOMENS VIGNAN COLLEGE, SEZ POST, VISAKHAPATNAM. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, AT ANAKAPALLI. 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM REVENUE DIVISION, ANAKAPALLI DISTRICT. 4. THE TAHASILDAR, CHEEDIKADA MANDAL, ANAKAPALLI DISTRICT. 5. GEDELA TRINADHA RAO, S/O MAHALAKSHMI, AGED 63 YEARS, HINDU, CULTIVATION, RESIDENT OF THIMMANNAPALEM VILLAGE, CHODAVARAM MANDAL, ANAKAPALLI DISTRICT. 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 direction more particularly one in IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 22260/2023 LANKA VEERRAJU, S/o. TUKKAYYA, AGED 65 YEARS, HINDU, R/o. D.No. LMG-151, LAKSHMI MANOHAR GARDENS, NEAR WOMENS VIGNAN COLLEGE, SEZ POST, VISAKHAPATNAM. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, AT THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM REVENUE DIVISION, ANAKAPALLI DISTRICT. THE TAHASILDAR, CHEEDIKADA MANDAL, ANAKAPALLI GEDELA TRINADHA RAO, S/O MAHALAKSHMI, AGED 63 YEARS, HINDU, CULTIVATION, RESIDENT OF THIMMANNAPALEM VILLAGE, CHODAVARAM MANDAL, ANAKAPALLI DISTRICT. ...RESPONDENT(S): Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court issue a writ, order or direction more particularly one in IN THE HIGH COURT OF ANDHRA PRADESH [3330] MONDAY, THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO LANKA VEERRAJU, S/o. TUKKAYYA, AGED 65 YEARS, HINDU, 151, LAKSHMI MANOHAR GARDENS, NEAR WOMENS VIGNAN COLLEGE, SEZ POST, VISAKHAPATNAM. ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, AT THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM THE TAHASILDAR, CHEEDIKADA MANDAL, ANAKAPALLI GEDELA TRINADHA RAO, S/O MAHALAKSHMI, AGED 63 YEARS, HINDU, CULTIVATION, RESIDENT OF THIMMANNAPALEM VILLAGE, CHODAVARAM MANDAL, ...RESPONDENT(S): Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court issue a writ, order or direction more particularly one in 2 the nature of Mandamus declaring the action of the 3rd respondent in entertaining the appeal in Appeal No.36/2023/C/ .05.2023 filed by the 5th respondent as being illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and contrary to the provisions of A.P.Rights in Land and Pattadar Pass Books Act, 1971 and against the Order of Division Bench of High Court of Andhra Pradesh at Hyderabad in Ratnamma Vs The RDO, Dharmavaram (W.P.No. 21689 of 1999) reported in 2015 (5) ALT 228 (DB) and consequently set aside the appeal and be pleased to pass such other order or orders. Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. K SUBRAHMANYAM The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: …… to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 3rd respondent in entertaining the appeal in Appeal No.36/2033/C/ 05.2023 filed by the 5th respondent as being illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and contrary to the provisions of A.P. Rights in Land & Pattadar Pass Books Act, 1971 and against the Order of Division Bench of High Court of Andhra Pradesh at Hyderabad in Ratnamma Vs. The RDO, Dharmavaram (W.P. No.21689 of 1999) reported in 2015(5)ALT228(DB) and consequently set aside the appeal and be pleased to pass such other order or orders….. 2. The unofficial 5th respondent filed appeal under Section 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short the Act, 1971), for cancellation of pattadar passbooks and title deeds issued in favour of the petitioner herein for survey No.171/1 of Chukkapalli village, Cheedikada Mandal, Visakhapatnam District and the 3rd respondent-Revenue Divisional Officer issued notice to the petitioner herein. 3. The present Writ Petition is filed, on entertaining the appeal filed under Section 5(5) of the Act, 1971, relying on the judgment in the case of Ratnamma Vs. The RDO, Dharmavaram, Ranga Reddy District, 4 East Division1, on the ground that no appeal under Section 5(5) of the Act, 1971, is maintainable unless an order substantively determined under Sections 4, 5 and 5A of the Act, 1971. 4. Learned counsel appearing for the unofficial 5th respondent would submit that a Suit O.S. No.32 of 2016 on the file of Senior Civil Judge, Chodavaram, was filed for specific performance of Agreement of Sale, against the vendor of the petitioner herein and the same was decreed and the unofficial respondent has filed E.P. No.55 of 2018 and the Court has executed sale deed in favour of the unofficial 5th respondent and an application is filed before the 3rd respondent-Revenue Divisional Officer, for cancellation of the pattadar pass books issued in favour of the petitioner and to mutate in the name of the unofficial respondent, for the land in Sy.No.171/1. 5. This Court feels appropriate to dispose of the Writ Petition without going into the merits of the case directing the unofficial respondent herein to file an application under Section 6(A) of the Act, 1971, to the Tahsildar concerned for mutation or recording the name in the revenue records, within a period of three weeks from the date of receipt of a copy of this order. On filing such application, the 3rd respondent-Tahsildar is directed to enquire, examine and issue notice to the Writ Petitioner herein and pass appropriate orders in accordance with law within a 1 (2015) 5 ALT 228 (DB) 5 period of four weeks from the date of filing of application by unofficial respondent herein. 6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 01.12.2025 RMR/Harin 6 57 THE HON’BLE SRI JUSTICE T ARLADA RAJASEKHAR RAO W.P.No. 22260 OF 2023 Date: 01.12.2025 RMR/Harin