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High Court of Andhra Pradesh · body

2025 DAILYLAW 52457 (AP)

G. Damodhar v. The State of Andhra Pradesh

WP/30624/2025 · 2025-11-21

B V L N Chakravarthi, R Raghunandan Rao

body2025

Judgment text

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1 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI *** WRIT PETITION NO: 30624/2025 & W.A.No.1164 of 2025 W.P.No.30624 of 2025 Between: 1. G. DAMODHAR, S/O CHENDRAYUDU AGED. 62, OCC AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 2. G. KRISTAIAH, S/O CHENDRAYUDU AGED ABOUT 58 YEARS, OCC AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 3. G. KONAPPA, S/O NARIGAPPA AGED ABOUT 61 YEARS, OCC AGRICULTURE R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 4. S. ADINARAYANA REDDY, S/O VENAKATA NARAYANA REDDY AGED ABOUT 62 YEARS, OCC BUSINESS, R/O. RAM NAGAR, ANANTAPUR TOWN AND DISTRICT. 5. G. MALLIKARJUNA, S/O RAMAIAH SETTY AGED ABOUT 55 YEARS, OCC BUSINESS R/O. KAMALA NAGAR, ANANTAPUR TOWN AND DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP., BY IT'S PRINCIPAL SECRETARY. 2. THE JOINT COLLECTOR, ANANTHAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR, ANANTAPUR 2 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 DISTRICT. 4. THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT. 5. TALUPULA PHANI RAJ, S/O. TALUPULA RAMAMURTHY, AGED ABOUT 49 YEARS, RESIDENT OF D.NO.21-628. BRAHMIN STREET, DTERMAVARAM, SATYA SAI DISTRICT(ERSTWHILE ANANTAPUR DISTRICT). 6. G SURAYANARAYANA, S/O BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 7. G SAMBASIVA, S/O BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 8. G CHANDRA MOHAN, S/O BAYANNA AGED UNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 9. G LAKSHMINARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. ...RESPONDENT(S): WRIT APPEAL NO: 1164/2025 Between: 1. G. DAMODHAR, S/O CHENDRAYUDU AGED- 62, OCC- AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 2. G. KRISTAIAH, S/O CHENDRAYUDU AGED- 58, OCC- AGRICULTURE, R/O KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 3. S. ADINARAYANA REDDY, S/O VENAKATA NARAYANA REDDY AGED 62 YEARS, OCC- BUSINESS, R/O RAM NAGAR, ANANTAPUR TOWN AND DISTRICT 3 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 4. G. MALLIKARJUNA, S/O RAMAIAHSETTY AGED-55, OCC- BUSINESS, R/O KAMALA NAGAR, ANANTAPUR TOWN AND DISTRICT 5. G. KONAPPA, S/O NARIGAPPA AGED-61, OCC- AGRICULTURE, R/O KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT ...APPELLANT(S) AND 1. TALUPULA PHANI RAJ, S/O. TALUPULA RAMAMURTHY AGED ABOUT 49 YEARS, R/O. D.NO.21-628, BRAHMIN STREET, DHARMAVARAM, ANANTAPURAM A.P.-515671 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. REVENUE DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI. 3. THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT 4. THE DISTRICT REVENUE OFFICER, O/O DISTRICT COLLECTOR, ANANTAPURAMU DISTRICT 5. THE REVENUE DIVISIONAL OFFICER, ANANTAPURAM, ANANTAPURAM DISTRICT. 6. THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT 7. G DADENNA, S/O. CHINNACHENNAPPA (DIED). AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. (NOT NECESSARY) 8. G SURAYANARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL, MANDAL AND DISTRICT. 9. G CHANDRA MOHAN, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPURRURAL MANDAL AND DISTRICT 4 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 10. G LAKSHMINARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE ANANTAPUR RURAL MANDAL AND DISTRICT. 11. G SAMBASIVA, , S/O. BAYANNA, AGEDIUNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 12. G CHANDRA MOHAN, , S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT ...RESPONDENT(S): Date of Judgment pronounced on : 22-11-2025 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO 1. Whether Reporters of Local newspapers : Yes/No May be allowed to see the judgments? 2. Whether the copies of judgment may be marked : Yes/No to Law Reporters/Journals: 3. Whether the Lordship wishes to see the fair copy : Yes/No Of the Judgment? 5 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 *IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO + WRIT PETITION NO: 30624/2025 & W.A.No.1164 of 2025 % Dated: 22-11-2025 1. G. DAMODHAR, S/O CHENDRAYUDU AGED. 62, OCC AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 2. G. KRISTAIAH, S/O CHENDRAYUDU AGED ABOUT 58 YEARS, OCC AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 3. G. KONAPPA, S/O NARIGAPPA AGED ABOUT 61 YEARS, OCC AGRICULTURE R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 4. S. ADINARAYANA REDDY, S/O VENAKATA NARAYANA REDDY AGED ABOUT 62 YEARS, OCC BUSINESS, R/O. RAM NAGAR, ANANTAPUR TOWN AND DISTRICT. 5. G. MALLIKARJUNA, S/O RAMAIAH SETTY AGED ABOUT 55 YEARS, OCC BUSINESS R/O. KAMALA NAGAR, ANANTAPUR TOWN AND DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP., BY IT'S PRINCIPAL SECRETARY. 6 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 2. THE JOINT COLLECTOR, ANANTHAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR, ANANTAPUR DISTRICT. 4. THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT. 5. TALUPULA PHANI RAJ, S/O. TALUPULA RAMAMURTHY, AGED ABOUT 49 YEARS, RESIDENT OF D.NO.21-628. BRAHMIN STREET, DTERMAVARAM, SATYA SAI DISTRICT(ERSTWHILE ANANTAPUR DISTRICT). 6. G SURAYANARAYANA, S/O BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 7. G SAMBASIVA, S/O BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 8. G CHANDRA MOHAN, S/O BAYANNA AGED UNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 9. G LAKSHMINARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. ...RESPONDENT(S): WRIT APPEAL NO: 1164/2025 Between: $1. G. DAMODHAR, S/O CHENDRAYUDU AGED- 62, OCC- AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 2. G. KRISTAIAH, S/O CHENDRAYUDU AGED- 58, OCC- AGRICULTURE, R/O KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 7 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 3. S. ADINARAYANA REDDY, S/O VENAKATA NARAYANA REDDY AGED 62 YEARS, OCC- BUSINESS, R/O RAM NAGAR, ANANTAPUR TOWN AND DISTRICT 4. G. MALLIKARJUNA, S/O RAMAIAHSETTY AGED-55, OCC- BUSINESS, R/O KAMALA NAGAR, ANANTAPUR TOWN AND DISTRICT 5. G. KONAPPA, S/O NARIGAPPA AGED-61, OCC- AGRICULTURE, R/O KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT ...APPELLANT(S) AND 1. TALUPULA PHANI RAJ, S/O. TALUPULA RAMAMURTHY AGED ABOUT 49 YEARS, R/O. D.NO.21-628, BRAHMIN STREET, DHARMAVARAM, ANANTAPURAM A.P.-515671 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. REVENUE DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI. 3. THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT 4. THE DISTRICT REVENUE OFFICER, O/O DISTRICT COLLECTOR, ANANTAPURAMU DISTRICT 5. THE REVENUE DIVISIONAL OFFICER, ANANTAPURAM, ANANTAPURAM DISTRICT. 6. THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT 7. G DADENNA, S/O. CHINNACHENNAPPA (DIED). AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. (NOT NECESSARY) 8. G SURAYANARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL, MANDAL AND DISTRICT. 8 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 9. G CHANDRA MOHAN, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPURRURAL MANDAL AND DISTRICT 10. G LAKSHMINARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE ANANTAPUR RURAL MANDAL AND DISTRICT. 11. G SAMBASIVA, , S/O. BAYANNA, AGEDIUNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 12. G CHANDRA MOHAN, , S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT ...RESPONDENT(S): Sri N. Subba Rao, the learned Senior Counsel appearing for M/s.CKR Associates for respondent No.1 in the Writ Appeal and respondent Nos.5 to 9 in the present Writ Petition, Sri O. Manohar Reddy, the learned Senior Counsel appearing for Sri P. Sravan Kumar Reddy, learned counsel appearing for the appellants in the Writ Appeal and respondents 11 to 15 in Writ Petition No.12337 of 2025 and the learned Assistant Government Pleader for Revenue. <GIST : >HEAD NOTE: Cases referred: 2015(6) ALD 609 9 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 APHC010592972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3535] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 30624/2025 & W.A.No.1164 of 2025 Between: 1. G. DAMODHAR, S/O CHENDRAYUDU AGED. 62, OCC AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 2. G. KRISTAIAH, S/O CHENDRAYUDU AGED ABOUT 58 YEARS, OCC AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 3. G. KONAPPA, S/O NARIGAPPA AGED ABOUT 61 YEARS, OCC AGRICULTURE R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 4. S. ADINARAYANA REDDY, S/O VENAKATA NARAYANA REDDY AGED ABOUT 62 YEARS, OCC BUSINESS, R/O. RAM NAGAR, ANANTAPUR TOWN AND DISTRICT. 5. G. MALLIKARJUNA, S/O RAMAIAH SETTY AGED ABOUT 55 YEARS, OCC BUSINESS R/O. KAMALA NAGAR, ANANTAPUR TOWN AND DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 10 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 REP., BY IT'S PRINCIPAL SECRETARY. 2. THE JOINT COLLECTOR, ANANTHAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR, ANANTAPUR DISTRICT. 4. THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT. 5. TALUPULA PHANI RAJ, S/O. TALUPULA RAMAMURTHY, AGED ABOUT 49 YEARS, RESIDENT OF D.NO.21-628. BRAHMIN STREET, DTERMAVARAM, SATYA SAI DISTRICT(ERSTWHILE ANANTAPUR DISTRICT). 6. G SURAYANARAYANA, S/O BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 7. G SAMBASIVA, S/O BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 8. G CHANDRA MOHAN, S/O BAYANNA AGED UNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 9. G LAKSHMINARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND 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 a writ, order or direction more particularly one in the nature of a Writ of Certiorari or any other appropriate writ, order or direction, calling for the records pertaining to the order dt 18.10.2025, passed by the 3rd Respondent in D.Dis.No.D2(B)/989/2025,and quash the said order 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 11 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 pleased to suspend the order dt. 18.10.2025, passed by the 3rd Respondent in D.Dis.No.D2(B)/989/2025, pending disposal of the main Writ Petition Counsel for the Petitioner(S): 1. P SRAVAN KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. CKR ASSOCIATES WRIT APPEAL NO: 1164/2025 Writ Appeal under clause 15 of the Letters Patent above named appellant presents this Memorandum of Writ Appeal being aggrieved by the order of the Learned Single Judge, dated 06.05.2025 passed in WP No. 12337 OF 2025, Between: 1. G. DAMODHAR, S/O CHENDRAYUDU AGED- 62, OCC- AGRICULTURE, R/O. KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 2. G. KRISTAIAH, S/O CHENDRAYUDU AGED- 58, OCC- AGRICULTURE, R/O KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 3. S. ADINARAYANA REDDY, S/O VENAKATA NARAYANA REDDY AGED 62 YEARS, OCC- BUSINESS, R/O RAM NAGAR, ANANTAPUR TOWN AND DISTRICT 4. G. MALLIKARJUNA, S/O RAMAIAHSETTY AGED-55, OCC- BUSINESS, R/O KAMALA NAGAR, ANANTAPUR TOWN AND DISTRICT 5. G. KONAPPA, S/O NARIGAPPA AGED-61, OCC- AGRICULTURE, R/O KAKKALAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT ...APPELLANT(S) AND 12 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 1. TALUPULA PHANI RAJ, S/O. TALUPULA RAMAMURTHY AGED ABOUT 49 YEARS, R/O. D.NO.21-628, BRAHMIN STREET, DHARMAVARAM, ANANTAPURAM A.P.-515671 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. REVENUE DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI. 3. THE DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT 4. THE DISTRICT REVENUE OFFICER, O/O DISTRICT COLLECTOR, ANANTAPURAMU DISTRICT 5. THE REVENUE DIVISIONAL OFFICER, ANANTAPURAM, ANANTAPURAM DISTRICT. 6. THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT 7. G DADENNA, S/O. CHINNACHENNAPPA (DIED). AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. (NOT NECESSARY) 8. G SURAYANARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL, MANDAL AND DISTRICT. 9. G CHANDRA MOHAN, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPURRURAL MANDAL AND DISTRICT 10. G LAKSHMINARAYANA, S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE ANANTAPUR RURAL MANDAL AND DISTRICT. 11. G SAMBASIVA, , S/O. BAYANNA, AGEDIUNKNOWN, R/O KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT. 12. G CHANDRA MOHAN, , S/O. BAYANNA, AGED UNKNOWN, R/O. KAKALLAPALLI VILLAGE, ANANTAPUR RURAL MANDAL AND DISTRICT 13 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 ...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 pleased to dispense with the filing of the certified copy of the order dated 06.05.2025 passed in W.P.No.12337 of 2025, pending disposal of the instant writ appeal and to pass 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 pleased to Condone the delay of 137 days in filing the above Writ Appeal against the order dated 06.05.2025 in W.P.No. 12337/2025 passed by the Hon‟ble Single Judge of this Court, and pass 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 pleased to Suspend the operation of the order dated 06.05.2025 in W.P.No.12337 of 2025, pending disposal of the Writ Appeal and pass Counsel for the Appellant(S): 1. P SRAVAN KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. CKR ASSOCIATES Date of Reserved : 17.11.2025 Date of Pronouncement : 22.11.2025 Date of Upload : 22.11.2025 14 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 The Court made the following common order: (per Hon‟ble Sri Justice R. Raghunandan Rao) Heard Sri N. Subba Rao, the learned Senior Counsel appearing for M/s.CKR Associates for respondent No.1 in the Writ Appeal and respondent Nos.5 to 9 in the present Writ Petition, Sri O. Manohar Reddy, the learned Senior Counsel appearing for Sri P. Sravan Kumar Reddy, learned counsel appearing for the appellants in the Writ Appeal and respondents 11 to 15 in Writ Petition No.12337 of 2025 and the learned Assistant Government Pleader for Revenue. 2. The present Writ Appeal and the present Writ Petition arise out of the same set of facts and between the same set of parties, accordingly these two cases have been disposed of, by way of a common order. 3. The parties are referred to as they are arrayed in the Writ Appeal. The 5th respondent moved representations before the Tahsildar, Ananthapuramu, Rural contending that necessary corrections have to be carried out in the revenue records relating to Ac.4.89 cents of land in Sy.No.252/3 of Kakkalapalli Village, Ananthapuram Rural Mandal. The 5th respondent contended that his ancestors were the owners and possessors of Ac.6.64 cents of land in Sy.No.252/3 which had been classified as “Inam dry”. The ancestors of the 5th respondent are said to have sold Ac.1.75 cents of land to one Sri Y. Salappa, on 04.03.1944, and the said document had been registered as document No.442 of 1944. Though the ancestors of the 5th 15 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 respondent continued their ownership and possession over the remaining Ac.4.49 cents, various other persons, through whom the appellants claim title, had got their names included in the revenue records, taking advantage of the absence of the 5threspondent and his family members from the village. The 5th respondent filed representations before the Tahsildar. These are the representations, dated 10.03.2025, 25.03.2025 and 03.04.2025. The 5th respondent, had thereafter approached this Court, by way of W.P.No.12337 of 2025, contending that the inaction of the revenue authorities in considering his representations should be declared to be illegal and arbitrary with a consequential direction, to the respondent authorities, to consider the representations of the 5th respondent, dated 25.03.2025 and 03.04.2025, for issuance of pattadar passbook and title deed, for the land admeasuring Ac.4.89 cents in Sy.No.252/3. A learned Single Judge of this Court, by an order dated 06.05.2025 had disposed of the Writ Petition. During the course of the hearing, the learned Government Pleader had made a submission that an appeal was available before the Revenue Divisional Officer. On this basis, the learned Single Judge had disposed of the Writ Petition leaving it open to the 5th respondent to prefer an appeal under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (hereinafter referred to as „R.O.R Act‟) within three weeks from the date of receipt of the order with a further direction to the Revenue Divisional Officer to consider the same by giving an opportunity of hearing to the petitioner as well as other respondents. 16 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 4. After dismissal of this Writ Petition, the 5th respondent had approached the Revenue Divisional Officer, Ananthapuram, by way of an appeal, under Section 5(4) of the ROR Act. The Revenue Divisional Officer, after giving notice to the appellants herein, had passed an order, dated 18.10.2025, in proceedings in D.Dis.No.D2(B)/989/25, allowing the appeal and deleting the entries made in respect of the appellants, in relation to Sy.No.252-3. Aggrieved by the said order, the appellants moved W.P.No.30624 of 2025 and also the present appeal against the judgment of the learned Single Judge in W.P.No.12337 of 2025. 5. From the record available as well as the pleadings of the parties, it appears that the Tahsildar had issued an Endorsement, dated 25.03.2025, on the representation of the 5th respondent, dated 10.03.2025, refusing to interfere in the matter and leaving it open to the parties to approach a civil Court. 6. Sri O. Manohar Reddy, the learned Senior Counsel appearing for the appellants, would contend that the learned Single Judge had erred in holding that an appeal was available to the 5th respondent under Section 5(4) of the R.O.R Act. The learned Senior Counsel would contend that such an appeal is available only when there is an order directing mutation or refusing to order such mutation. He would submit that in the absence of any such order in the present case, no appeal would lie before the Revenue Divisional Officer. 17 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 7. The learned Single Judge would also contend that the Revenue Divisional Officer had gone beyond the scope of an appeal under Section 5(4) of the R.O.R Act by going into the title of the parties and the same would lie only within the domain of the civil Court. He would draw the attention of this Court to Section 8(2) of the R.O.R Act to contend that it would only be the civil Court, which can go into the questions of fact relating to ownership of the land and a detailed enquiry in this regard is not permissible in an appeal under Section 5(4) of the R.O.R Act. He would also submit that the representations of the 5th respondent are not maintainable even before the Tahsildar. He submits that the provisions of the R.O.R Act, more specifically Section 3(3) read with Sections 4 and 5 make it amply clear that an application cannot be made before the Tahsildar, for change in the entries after a period of one year, after the entries had been made. He would submit that the names of the appellants had been incorporated in the revenue records, in the year 1980 itself, and an application after 44 years of the said entries being made, is not maintainable. 8. Sri N. Subba Rao, the learned Senior Counsel appearing for respondents 5 to 11 in the Writ Appeal would contend that the Revenue Divisional Officer had jurisdiction to pass the impugned order, dated 18.10.2025, inasmuch as the refusal of the Tahsildar, in considering the application of the 5th respondent, for change in the revenue entries would fall squarely within the scope of an appeal before the Revenue Divisional Officer. 18 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 He would further submit that the Revenue Divisional Officer had only corrected the entries made in the revenue records and had not issued any directions for issuance of pattadar pass book or title deed. He would submit that in such circumstances, the Judgment of a Division Bench of the earlier High Court of Andhra Pradesh in the case of Ratnamma vs. The Revenue Divisional Officer, Dharmavaram, Ananthapur District and Ors.,1 would not be applicable. A learned Single Judge would also submit that a Revenue Divisional Officer had not gone into any detailed enquiry into the title of the respective parties inasmuch as he had followed the register of holdings of the revenue record available. He would submit that the succession of property as per the revenue records was applied by the Revenue Divisional Officer to arrive at the conclusion that the entries made in favour of the appellants cannot be allowed to stand. The learned Senior Counsel would also contend that the web land entry had been made in favour of the appellants, without notice to the 5th respondent and such a course of action was not permissible and it was within the jurisdiction of the Revenue Divisional Officer to correct the same, by way of the impugned proceedings. 9. It is necessary, for the purposes of deciding the case, to notice certain provisions of the R.O.R Act. Section 4 and Section 5 of the R.O.R Act read as follows: 1 2015 (6) ALD 609 19 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 4. Acquisition of right to be intimated:- Any person acquiring by succession, survivorship, inheritance, partition, Government patta, decree of a Court or otherwise any right as owner, pattadar, mortagagee, occupant or tenant of a land and any person acquiring any right as occupant of a land by any other method shall, intimate in writing, his acquisition of such right either through online or in person addressed to the Tahsildar within sixty (60) das from the date of such acquisition, in the manner hereinafter provided: Provided that such intimation of acquisition of right addressed to the Tahsildar shall be submitted either online or in person at any service center as notified for the purposes of this Act. Provided further that the issuance of acknowledgment of the receipt of such intimation shall be in such form, format and manner as prescribed under the rules. Provided also that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other persons having charge of his property shall intimate the fact of such acquisition to the Tahsildar. 5. Amendment and updating of Record of Rights:-- (1) On receipt of intimation of the fact of acquisition of any right referred to in section 4, otherwise than by a registered document, the Tahsildar shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence thereof and shall carry out the amendment in the record of rights in accordance with such determination. (2) In the event of the Tahsildar determining that the amendment in consequence of the acquisition of right referred to in sub-section(1) above, is liable to be refused, then the tahsildar shall transmit all the documents to the Revenue Divisional Officer with the recommendations. 20 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 (2a) The Revenue Divisional Officer, on receipt of such recommendations, shall pass an order as under after affording an opportunity of hearing to the interested persons, (i) Confirming the recommendations of the Tahsildar. (ii) Disagreeing with the recommendations of the Tahsildar. (iii) On the receipt of communication of disagreement under 5(2a)(ii), the Tahsildar shall carry out the amendment of R.O.R, as provided for under section 5(1): Provided that the procedure for initiation and conclusion of action by the Tahsildar and Revenue Divisional Officer shall be such as may be prescribed under the Rules. (3) In case of acquisition of right under section 4(1) by a registered document in accordance with the provisions under the Registration Act, 1908, the R.O.R shall stand amended to reflect the said transaction. (4) Any person aggrieved by any order passed under sub-sections (1), 2(a) and the amendment of R.O.R under sub-section (3), above may prefer an appeal before the District Revenue Officer within a period of thirty (30) days from the date of receipt of such order or amendment of R.O.R, the Appellate Authority shall dispose the appeal preferably not later than 6 months from the date of filing of such appeal. (5) In all cases of amendment of Record of Rights in resurveyed villages, unless the acquisition of right is for the entire extent of the land parcel, it shall be mandatory to carry out sub-division of the Land parcel in the manner prescribed. (6) The District Collector suo motu or otherwise, shall be competent to initiate proceedings under criminal law in case any application for amendment of R.O.R under this Act is made fraudulently, or on the basis of multiple registrations by the same executant of the same land parcel. 21 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 10. Section 3 of the R.O.R Act, stipulates that the record of rights in all lands in every village are to be set down, along with the terms mentioned in Section 3(1), in the revenue records. Any person who was affected by any entry in such record of rights was also provided with a remedy of seeking rectification of such entry, within a period of one year from the notification of the entries in the revenue record. 11. Thereafter, a person could approach the Tahsildar for change in the revenue entries, if such a person acquired any right, in any land, on the basis of succession, survivorship, inheritance, partition, Government Patta, decree of a Court or in any other manner. The Tahsildar, on the basis of the request made, under Section 4 of the R.O.R Act after a proper enquiry in the matter, could carry out amendments, under Section 4 (1), to record the change in the rights and claims of the persons mentioned in the existing record. Where the Tahsildar comes to the conclusion that the mutation of entries is not permissible, he cannot reject the application. The Tahsildar, under Section 5 (2) would have to send his recommendations, along with all the relevant material, to the Revenue Divisional Officer. Upon receipt of such material and recommendations, the Revenue Divisional Officer, under Section 5 (2a), could agree with this recommendation or disagree with the said recommendation. If the Revenue Divisional Officer disagrees with the recommendations of the Tahsildar, the necessary mutation of records would 22 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 have to be carried out. The appeal, against this order of the Revenue Divisional Officer, would be before the District Revenue Officer. 12. However, any change of the rights and claim over the land, through a registered document, would not be dealt with under Section 5(1) which requires the Tahsildar to take action. The change in the rights over a land, by virtue of a registered document, appears to be done automatically, under Section 5(3). Any person aggrieved by any order passed under Section 5(1) or any change in the revenue records either under Section 5 (2a) or Section 5(3) could file an appeal before the District Revenue Officer, within a period of thirty days from the date of receipt of such order or amendment of R.O.R Act. 13. Apart from these remedies, a person aggrieved by any entry in the record of rights could also approach the Collector, by way of a revision, under Section 9 of the R.O.R Act. Similarly, any person whose rights may be affected by entries made in the record of rights was also entitled to institute a suit against any person denying or interested to deny his title, by way of seeking a declaration of his right under chapter-VI of the Specific Relief Act, 1963. 14. In the present case, the record of rights in relation to the aforesaid land showed the names of the appellants as the owners and possessors of the land. This entry, according to the appellants, was in the 23 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 revenue records since 1980 while the 5th respondent does not state as to when such entries came into existence. However, it is the admitted case on both sides, that the entries in the revenue records reflected the names of the appellants, when the 5th respondent had approached the Tahsildar for change in the revenue records. 15. In the present case, the Tahsildar did not act upon any of the representations made by the 5th respondent, except to issue an endorsement, dated 25.03.2025, that the 5th respondent should approach the civil Court for vindicating his rights over the land. This endorsement has not been challenged. 16. The 5th respondent, initially approached this Court and thereafter, the Revenue Divisional Officer, under Section 5(4) of the R.O.R Act. It may also be noted that the 5th respondent had not approached the Revenue Divisional Officer, being aggrieved by the rejection of the application of the 5th respondent, by the Tahsildar. 17. In RATNAMMA‟S case, a Division bench of the erstwhile High Court at Hyderabad, had held that an appeal, under Section 5 (4) would be available only against an order of the Tahsildar and no appeal would be maintainable, unless it is against a specific order. Sri N. Subba Rao, the learned Senior Counsel would contend that Section 5(4)of the R.O.R Act provides for an appeal before the District Revenue Officer against any order or 24 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 amendment of R.O.R Act. Accordingly, the appeal moved by the 5th respondent, before the Revenue Divisional Officer should be treated as an appeal against the amendment of the R.O.R Act which would be maintainable. He would submit that in such circumstances, the judgment of the erstwhile High Court of judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in Ratnamma vs. The Revenue Divisional Officer, Dharmavaram, Ananthapur District and Ors., would not be applicable. 18. As observed above, the change in revenue records, under Section 5 of R.O.R Act can be done by the Tahsildar in relation to any acquisition of right, otherwise then by way of a registered document, under Section 5(1) of the R.O.R Act. In the case of acquisition of right by way of a registered document, the change in the revenue record is to be automatically carried out, under Section 5(3). The right of appeal, provided under Section 5(4), in relation to any order or amendment of R.O.R Act should be understood in that context. That is, where the record of rights is amended by an order of the Tahsildar, an appeal against such an order would lie under Section 5(4) of the R.O.R Act. Similarly, an appeal against amendment of R.O.R Act, done under Section 5(3) of the R.O.R Act would be maintainable under Section 5(4). To elucidate further, not every amendment of R.O.R Act can be appealed under Section 5(4). It is only an amendment which occurs under Section 5(3) on the basis of a registered document, which can be appealed against under Section 5(4). An appeal would be maintainable, 25 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 against a mutation carried out under Section 5 (1) only if such a mutation was carried out under an order passed by the Tahsildar. 19. In the present case, the 5th respondent did not rely upon any registered document, to claim a right over the land in question. His claim, arises out of a claim of inheritance, which is covered under Section 5(1) of the R.O.R Act. Consequently, an appeal, to the Revenue Divisional Officer, under Section 5(4) would be available only if an order had been passed by the Tahsildar under Section 5(1) of the R.O.R Act. It is the admitted case on both sides, that there is no such order of the Tahsildar under Section 5(1) of the R.O.R Act. 20. The only conclusion that can be drawn is that the impugned proceedings of the Revenue Divisional Officer, dated 18.10.2025, under Section 5(4) of the R.O.R Act is clearly without jurisdiction, inasmuch as there is no underlying order of the Tahsildar against which such an appeal could have been filed. 21. In view of the above, it must be held that the order of the Revenue Divisional Officer, dated 18.10.2025, is without jurisdiction and is set-aside. Needless to say, we have not gone into right and title of the persons claiming this land and this judgment is only on the question of jurisdiction of the Revenue Divisional Officer in passing an order under Section 5(4) of the 26 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 R.O.R Act. We may also record that we have not gone into any other question, including the question of delay, and all questions are left open. 22. Accordingly, both W.P.No.30624 of 2025 and W.A.No.1164 of 2025 are allowed. It is left open to the parties to agitate their rights before the appropriate forum. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________________ B V L N CHAKRAVARTHI, J RJS 27 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025 THE HON’ABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE B V L N CHAKRAVARTHY WRIT PETITION NO: 30624/2025 &W.A.No.1164 of 2025 (per Hon‟ble Sri Justice R Raghunandan Rao) 22.11.2025 RJS 28 RRR,J& BVLNC,J W.P.No.30624 of 2025&W.A.No.1164 of 2025