Wi > IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD WRIT PETITION NO: 10675 OF 2025 Between: 1. Chittapuri Naga Satya Venkata Durga Ramamani, W/o. Ramakrishna Rao Age 68 Years, R/o 3-136/2, Bose Circle Jangareddygudem, Eluru District. 2. Gudimetia Someswara Rao, S/o. Muttaiah ( H/o Gudimetia Satya Seetha Mahalakshmi) Age 75 Years, R/o. 13-15-6/1 Mallela Sreeram Murthy street, Durga Agraharam, Vijayawada. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by PrI. Secretary Revenue Department, Secretariate Velagapudi, Amaravati, Guntur District. 2. The District Collector Eluru, Eluru District. 3. The Reveneue Divisional Officer, Jangareddygudem Mandal, Eluru District. 4. The Tahsildar Jangareddygudem, Eluru District. ...RESPONDENTS 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 order direction Writ more particularly one in the nature of Writ of MANDAMUS declare the action of the respondents in not implementing the orders of the Land Reforms Appellate Tribunal West Godavari at Eluru in L.R.A.C.No. 5/82 dated 17.06.1982 as illegal arbitrary contrary to the provisions of Land Reforms Ceiling on Agricultural Holding Act 1973 and consequently direct the respondents to comply the orders passed in L.R.A.C.No. 5/82 dated 17.06.1982 in respect of the property tu >V .4.^ covered in R.S.No. 263 Ac 7.60 Cts, R.S.No.242 Ac 8.08 Cts R.S.No. 344 Ac"11.06 Cts, R.S.No. 243 Ac 17.00 Cts situated at Jangareddygudem and R.S.fsfo. 69/1 Ac 10.93 Cts,R.S.No.69/2 Ad.53 Cts situated at 4K'?- 1§urayaigudem of Jangareddygudem Mandal Eluru District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to allow the petitioners to cultivate the schedule land covered in R.S.No. 263 Ac 7.60 Cts, R.S.No.242 Ac 8.08 Cts R.S.No. 344 Ac 11.06 Cts, R.S.No. 243 Ac 17.00 Cts situated at Jangareddygudem and R.S.No. 69/1 Ac 10.93 Cts,R.S.No.69/2 Ad.53 Cts situated at Guravaigudem of Jangareddygudem Mandal Eluru District pending disposal of the above writ petition. Counsel for the Petitioners : SRI P. R. K. AMERANDRA KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010214552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10675/2025 Between: Chittapuri Naga Satya Venkata Durga Ramamani and Others ...PETITIONER(S) AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petltioner(S): 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10675/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- ‘‘to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not implementing the orders of the Land Reforms Appellate Tribunal West Godavari at Eluru in LR.A.C.No.5/82 dated 17.06.1982 as illegal, arbitrary, contrary to the provisions of Land Reforms Ceiling on Agricultural Holding Act, 1973 and consequently direct the respondents to comply the orders passed in L.R.A.C.No.5/82 dated 17.06.1982 in respect of the property admeasuring to an extent of Ac.7.60 cents covered in R.S.No.263, Ac.8.08 cents in R.S.No.242, Ac. 11.06 cents in R.S.No.344, Ac. 17.00 cents in R.S.No.243 situated at Jangareddygudem and Ac. 10.93 cents in R.S.No.69/1, Ac. 1.53 cents in R.S.No.69/2 situated at Guravaigudem of Jangareddygudem Mandal, Eluru District and pass such other order. ” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the Kartha of the joint family was declared as a surplus landholder under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The order of declaration by the Tribunal was assailed before the Land Reforms Appellate Tribunal Eluru vide L.R.A.C.No.5/82, wherein the Appellate Tribunal declared the Kartha of the joint family is non-surplus land holder vide order dated 17.06.1982. Even though the Appellate Tribunal rendered the 3 judgment declaring the kartha of the joint family of the petitioner as non-surplus land holder, but the respondents are not implementing the order of the tribunal. Hence, the Writ Petition. 4. On the other hand, learned Government Pleader furnished written instructions issued by the 4*'^ respondent dated 24.04.2025, wherein it is stated as follows: 7 submit that the provisions of the Andhra Pradesh Rights in Lands and Pattadar Passbook Act, 1971, which govern mutation procedures in agricultural lands, do riot authorize the Recording Authority, i.e., the Tahsildar, to inquire into or cancel settled mutation entries. The Act explicitly confers such authority upon the Appellate and Revision Authorities as specified within the provisions. Considering that the mutation entries were recorded approximately two decades ago, this office through an endorsement NO. Roc. No. 61/2025/A dated 09.04.2025 advised both of them to file a revision petition before the Revision Authority, namely the Joint Collector, Eluru District, under Section 9 of the above mentioned act, for the cancellation of the existing mutation entries and the mutation of the land in their favour. The said endorsements were acknowledged by the writ petitioners. However, aggrieved with the above endorsement, the petitioners filed the present Writ Petition.” 4 5. He further submits that the respondent herein is not a competent authority to implement the Appellate Tribunal orders which arose under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and the Joint Collector is the competent authority to implement the orders of the Appellate Tribunal. In view of the same, the petitioners shall approach the Joint Collector under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 for implementation of the orders of the Appellate Tribunal dated 17.06.1982. 6. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that the appellate tribunal categorically declared the kartha of petitioners’ joint family as non-surplus land holder under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 vide order dated 17.06.1982. It is settled law once the competent court declared/rendered decision through a final order, the concerned respondent authorities shall implement the orders within a reasonable time. In the present case- even though the Appellate Tribunal passed the orders as old as four decades ago, still the respondents herein neither implemented the order nor issued any proceedings for one reason or the other, best known to respondent concerned. The petitioners being aggrieved. they would have been initiated steps much before to this day. 5 However, now the petitioners are complaining the non- % . implementation of the order of the appellate tribunal, having no other option except to direct the authorities to consider the same by authorities concerned or competent authority as stated supra. Therefore, the petitioners are hereby directed to make an appropriate application afresh before the Joint Collector, Eluru, West Godavari, within a period of three (3) weeks from the date of receipt of copy of this Order. After such submission, the Joint Collector shall consider the same and pass detailed speaking order by considering the order of Appellate Tribunal with reference to the revenue record and after providing opportunity of hearing to the petitioner as well as other stakeholders of the family, if any and pass orders within a period of six(6) months thereafter. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall • also stand closed. //TRUE COPY// Sd/- K J RAJA BABU ASSISTANT REGISTRAR OFFICER To, ^''ificipal Secretary Revenue Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 2. The District Collector Eluru, Eluru District. ^ Dislricr^*^^^^ Divisional Officer, Jangareddygudem Mandal, Eluru 4. The Tahsildar Jangareddygudem, Eluru District. 5. One CC to Sri P. R. K. Amerandra Kumar, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr HIGH COURT DATED:01/05/2025 ORDER WP.No.10675of 2025 DISPOSING OF THE W.P. WITHOUT COSTS