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High Court of Andhra Pradesh · body

2025 DAILYLAW 53974 (AP)

Atluru Raja Gopal, v. The State of Andhra Pradesh,

WP/38449/2022 · 2025-10-14

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010644602022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 38449/2022 Between: 1. ATLURU RAJA GOPAL,, S/O. CHINNA VENKATA SUBBAIAH, AGED ABOUT 34 YEARS, OCC- CULTIVATION R/O. KAMASAMUDRAM VILLAGE, ATLURU MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA DISTRICT AT KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, BADVEL REVENUE DIVISION, KADAPA DISTRICT. 4. THE TAHSILDAR, ATLURU, ATLURUMANDAL, 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 4th respondent by marking as digitally unsigned with Red 2 Colour on the copies of Adangal as well as 1-B, Record of Rights and unilaterally cancelling 1-B entries without issuing any notice and conducting enquiry in respect of petitioner agricultural landed property admeasuring an extent of Ac. 3.99 cents in Sy. No- 469 of Kamasamudrarn. Revenue Village, Atluru Mandal, Kadapa District, without issuing any notice and without passing any order and without having any authority of law, as illegal, arbitrary, violative of principles of natural justice and also contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made there under and Articles 14, 21 and 300A of the Constitution of India and consequently direct the 4th respondent to digitally sign the copies of Adangal Pahanies and 1-B in the web land records portal in respect of petitioner landed property admeasuring an extent of Ac.3.99 cents in Sy. No- 469 of Kamasamudram Revenue Village, Atluru Mandal, Kadapa District and pass IA NO: 1 OF 2022 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 direct the 4th respondent to digitally sign the copies of Adangal Pahanies and 1-B in the web land records portal in respect of petitioner landed property admeasuring an extent of Ac. 3.99 cents in Sy. No: 469 of Kamasamudram Revenue Village, Atluru Mandal, Kadapa District, pending disposal of the main Writ Petition and pass IA NO: 1 OF 2024 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 receive the Reply copies on record by allowing the leave petition in the above writ petition Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the 4th respondent in marking as digitally unsigned with red colour on the copies of the Adangal as well as 1-B, Record or Rights and unilaterally cancelling 1-B entries without issuing any notice and conducting enquiry in respect of the agricultural landed property of the petitioner admeasuring an extent of Ac.3.99 cents in Sy.No.469 of Kamasamudram Revenue Village, Atluru Mandal, Kadapa District without issuing any notice and without passing any order and without having any authority of law with respect to the subject land in an extent of Ac.3.99 cents in Sy.No.469 of Kamasamudram Revenue Village, Atluru Mandal, Kadapa District. 3. The learned counsel for the petitioner refers to the 1-B namuna which was rounded off by noting it as cancelled 1-B entries and fake DKT. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that the subject land in an extent of Ac.3.99 cents in Sy.No.469 is classified as dotted land in RSR of Kamasamudram Revenue Village, Atluru Mandal as under: 4 Sl. No. Survey No. Sub- Division Number RSR Column No.4 RSR Column No.5 Extent Ac: Cents RSR Column No.16 1 469 - G D 3.99 Dotted Land (…) 5. As per Adangal (Fasli 1398, 1400, 1402, 1415 and 1423), Manual 1B and Webland Adangal of Kamasamudram Village in Atlur Mandal, the subject land in Sy.No.469 with an extent of Ac.3.99 cents was recorded as Assessed Waste (AW) as under: Sl. No. Survey No. Extent Ac: cents Land classification Name of the pattadar Enjoyment/ possession 1 469 3.99 AW AW Government 6. After perusal of the village accounts i.e., manual 1B, manual Adangal and Webland Adangal of Kamasamudram revenue village, it is found that the subject land was recorded as government land classifying it as Assessed Waste. No entries have been found in respect of subject land in favour of petitioner either in DKT register or in assignment particulars and there are no records found reflecting the assignment made in respect of the petitioner. 7. However, the petitioner’s name was recorded and manual Adangal (Fasli 1423) and also in 1B pertaining to the subject lands but it is noticed that the petitioner’s name is struck off and cancelled by the then Tahsildar, Atlur Mandal. The 4th respondent (the then Tahsildar, 5 Atlur Mandal) issued notice through post under the provisions of the Andhra Pradesh Rights in Landa and Pattadar Passbooks Act, 1971 conducted ground enquiry and Grama Sabha in the village on 05.06.2021. The petitioner neither responded to the notice nor appeared before the 4th respondent (the then Tahsildar) but the Sarpanch and village elders reported that the petitioner created false, tampered and fabricated revenue records for the subject land and they have also given written statement duly affixing their signatures. 8. As a result, the then Tahsildar, Atlur Mandal cancelled the entries in the village revenue records (Adangal, 1-B) and revoked the digital signature in online webland adangal with respect to the issuance of DKT patta vide DKT No.80/1418, dated 22.04.2009 in favour of the petitioner, it was noticed that no entries were made after DKT No.78/1418 and the DKT register book for that Fasli is ended with that number. No entries were found in favour of the petitioner either in DKT register or in assignment particulars. Upon personal inspection report on the subject land revealed that the petitioner is not in possession and enjoyment of the subject land at any point of time and it is covered with mounds of mud with shrubs and trees (mulla kampa chetlu). 9. In view of the above said facts and circumstances, the claim of the petitioner is to be declared as false and no relief can be passed in this writ petition. Accordingly, the writ petition is dismissed. Interim order 6 if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 15.10.2025 NNN