APHC010655202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34035/2025 Between: 1. PINNU VENKATESWARA PRASAD,, S/O LATE PINNU KRISHNAMURTHY, AGED ABOUT 65 YEARS, OCC AGRICULTURAL, R/O D.NO.11-1-370, ARAVIDA NAGAR, ANANTHAPURAMU TOWN AND DISTRICT. 2. PINNU SREENIVAS GUPTHA,, S/O S/O LATE PINNU KRISHNAMURTHY, AGED ABOUT 64 YEARS, OCC AGRICULTURAL, R/O D.NO.28-3-147, THARAKANTH COLONY, ANANTHAPURAMU TOWN AND DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE DISTRICT COLLECTOR, ANATHAPURAMU, ANATHAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANATHAPURAMU TOWN, ANANTHAPURAMU DISTIRCT. 4. THE TAHSILDAR, ANANTHAPURAMU RURAL MANDAL, ANATHAPURAMU DISTRICT. 5. VENNAPUSA UMA BHASKAR REDDY, S/O LATE VENKATA REDDY, R/O D.NO.1/95, PRASANNAYAPALLI VILLAGE, RAPTHADU 2 MANDAL, ANANTHAPURAMU 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, the declaring action of the 3rd respondent entertaining the ROR Appeal vide Rc.No.2059/2025/D2(B), for deletion of web land entries made in the name of the petitioners filed by the 5th respondent an extent of Ac 3-92 cents in Sy.No.242 of Kakkalapalli Village, Anathapuramu Rural Mandal, Anathapuramu District is illegal, arbitrary and violation of Principal of Natural Justice and violation of Article 14, 21 and 300 A of Constitution of India and Violation of section 8(2) of AP Rights in Land and Pattadar Pass Book Act, 1971 and consequently this Hon'ble Court to reject the ROR Appeal vide Rc.No.2059/2025/D2(B), by the 3rd respondent 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 to stay of all further proceedings in ROR Appeal No. Rc.No.2059/2025/D2(B) before the 3rd respondent, pending disposal of the main writ petition Counsel for the Petitioner(S): 1. P V VENKATA RAVI SANKAR and Dr. P.B Reddy Counsel for the Respondent(S): 1. GP FOR REVENUE 2. CKR ASSOCIATES 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus the declaring action of the 3rd respondent entertaining the ROR Appeal vide Rc.No.2059/2025/D2(B), for deletion of web land entries made in the name of the petitioners filed by the 5th respondent an extent of Ac.3.92 cents in Sy.No.242 of Kakkalapalli Village, Anathapuramu Rural Mandal, Anathapuramu District is illegal, arbitrary and violation of Principal of Natural Justice and violation of Article 14, 21 and 300-A of Constitution of India and Violation of section 8(2) of AP Rights in Land and Pattadar Pass Book Act, 1971 and consequently this Hon’ble Court to reject the ROR Appeal vide Rc.No.2059/2025/D2B, by the 3rd respondent and pass…” (in verbatim) 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. The present writ petition is filed aggrieved by the notice dated 03.10.2025, issued by the 3rd respondent by entertaining the appeal filed by the 5th respondent. 4. Learned counsel for the petitioner contends that the 3rd respondent has no jurisdiction to entertain an appeal under Section 5(4) of the Act in the absence of any order passed by the competent authority. In the instant case, 4 no such order has been passed by the competent authority. An identical issue was considered and decided by the Division Bench of this Court in W.P. No.16891 of 2013. 5. Considering the observations made by the Division Bench of this Court in W.P. No.16891 of 2013, the impugned notice dated 03.10.2025 is hereby set aside, and the matter is remanded to the 4th respondent to consider the same and pass appropriate orders in accordance with Sections 5(2) and 5(3) of the Act. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 09.12.2025 SNI 5 228 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 34035 OF 2025 Dt.09.12.2025 SNI