APHC010584902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3535] MONDAY, THE SEVENTEENTH 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 APPEAL NO: 1190/2025 Writ Appeal under clause 15 of the Letters Patent to set-aside the Order, dated 18.09.2025 passed in WP. No. 20559 of 2025 and consequently allow the Writ Appeal and pass Between: 1. PANTAM PRABHUDASU, S/O. SUBBARAO, AGED 55 YEARS, OCC- CULTIVATION, R/O. D. NO. 1, SINGAGUDEM VILLAGE, LINGAPALEM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. 3. THE REVENUE DIVISIONAL OFFICER, NUZVIDU, ELURU DISTRICT. 4. THE MANDAL REVENUE OFFICER, LINGAPALEM MANDAL LINGAPALEM, ELURU DISTRICT. 5. PANTAM SRINU, S/O. MUTYALU, AGED 52 YEARS, R/O. D.NO.2- 108, SINGAGUDEM VILLAGE, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT. 2 RRR,J & BVLNC,J W.A.No.1190 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 suspend the operation of Order, dt. 18.09.2025 passed in W.P. No. 20599 of 2025, pending disposal of the main Writ Appeal and 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 grant leave to file appeal against an Order dt. 18.09.2025 in W.P. No. 20599 of 2025 on the file of this Honble Court, in the interest of justice, 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 condone the delay of 12 days in filing the present Writ Appeal against an Order Dt. 18.09.2025 passed in W.P No. 20599 of 2025 and to receive the Writ Appeal on file in the interests of justice and to pass IA NO: 4 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 Order, dt. 18.09.2025 passed in W.P. No. 20599 of 2025, pending disposal of the main Writ Appeal and pass Counsel for the Appellant: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. MANGENA SREE RAMA RAO 3 RRR,J & BVLNC,J W.A.No.1190 of 2025 The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) The 5th respondent claiming title and ownership over an extent of Ac.0.76½ cents of land, in R.S.No.228-1 of Singagudem Village, Lingapalem Mandal, Eluru District, had approached the Revenue Divisional Officer, Eluru, for a direction to the Tahsildar to mutate the revenue records, in his favour, in relation to the aforesaid Ac.0.76½ cents of land. The Revenue Divisional Officer, by proceedings, dated 05.05.2018, had observed that, an extent of Ac.1.53 cents of land in R.S.No.228-1, was in the name of Sri P. Subba Rao, while the name of the 5th respondent, who is the nephew of P. Subba Rao being the son of Sri P. Mutyalu, the brother of Sri P. Subba Rao, was not being reflected. The Revenue Divisional Officer, on that basis, had directed that, the necessary mutation of this land, in R.S.No.228-1 over an extent of Ac.0.76 ½ cents of land, should be made in favour of the 5th respondent. 2. The 5th respondent, subsequently approached this Court, by way of W.P.No.20599 of 2025, for a direction to the Tahsildar to implement the Orders of the Revenue Divisional Officer, dated 05.05.2018. A learned Single Judge of this Court, by an Order, dated 18.09.2025, had disposed of the said Writ Petition, with a direction to the 4th respondent – Tahsildar, to enforce the orders of the Revenue Divisional Officer, in accordance with law as expeditiously as possible. 4 RRR,J & BVLNC,J W.A.No.1190 of 2025 3. Aggrieved by this Order, the appellant, who is a third party to the Writ Petition, has approached this Court and has obtained leave of this Court for filing of the present Writ Appeal. 4. The case of the appellant is that, his father Sri P. Subba Rao was the owner of the entire extent of land and there was no question of the 5th respondent making any claim over the said land and further, no mutation of this land should be carried out in favour of the 5th respondent. Both sides have placed records before this Court in support of their respective contentions that either the appellant or the 5th respondent were the owners and possessors of the said land. 5. We do not propose to go into the title and claim of these persons over the said land, it would suffice to direct the Tahsildar – 4th respondent, to consider the application of the 5th respondent, after due notice and an opportunity of hearing being given to the appellant herein, in regard to the implementation of the directions of the Revenue Divisional Officer, dated 05.05.2018. 6. The learned counsel appearing for the 5th respondent, has also brought to the notice of this Court that, the 4th Respondent – Tahsildar, on the ground of pendency of O.S.No.3 of 2023, before the learned Junior Civil Judge, Chintalapudi, was refusing to take up mutation proceedings. The learned counsel appearing for the 5th respondent, would also submit that, this Suit is in relation to lands situated, in R.S.No.228-2, and not in relation to lands situated 5 RRR,J & BVLNC,J W.A.No.1190 of 2025 in R.S.No.228-1, which is the Survey Number in which the subject land is situated. 7. In these circumstances, the 4th respondent – Tahsildar, while going into the question of implementation of the directions of the Revenue Divisional Officer, shall not stall or stop further proceedings in the mutation proceedings, unless it is demonstrated that O.S.No.3 of 2023 has been filed, in relation to land situated in R.S.No.228-1 also. 8. Accordingly, this Writ Appeal is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J __________________________ B. V. L. N. CHAKRAVARTHI, J Date:17.11.2025 KPV/KS 6 RRR,J & BVLNC,J W.A.No.1190 of 2025 154 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE B. V. L. N. CHAKRAVARTHI WRIT APPEAL No:1190 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 17.11.2025 KPV