APHC010481822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 25323/2025 Between: 1. VENNAPUSA KANTHAMMA, W/O CHENNAREDDY, AGED ABOUT 80 YEARS, R/O OBULAPURAM KOTTALA, GARLADINEE MANDAL, ANANTHAPURAMU DISTRIET. 2. RAGIPINDI KANTHAMMA, W/O NARAYANA REDDY @ NAGIREDDY, AGED ABOUT 65 YEARS, R/B NAGALAGUDDAM, SINGANAMALA MANDAL ANANTHAPURAMU DISTRICT 3. RAGIPINDI NAGALAKSHMI, W/O ADINARAYANA REDDY, AGED ABOUT 58 YEARS, R/O NAGALAGUDDAM, SINGANAMALA MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE JOINT COLLECTOR, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 4. THE TAHSILDAR, GARLADINNE MANDAL, ANANTHAPURAMU DISTRICT. 5. N C SAMPATH KUMAR, S/O N.C. RAJAGOPALACHARI, AGED ABOUT 75 YEARS, R/O D.NO.10/357, SAROJINI ROAD, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. ...RESPONDENT(S): 2 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 all Order or Direction, more particularly one in the nature of Writ of Mandamus questioning the action of the Respondent No.3 in issuing the notice in proceedings RC. No. 2120/2015/D2(B) for cancellation of pattadar passbooks which are in favour of writ petitioners to an extent of Ac.11.81 Cents in survey Nos. 58, 58/1, 58/lA and 58/2 situated in Obulapuramu village of Garladinne Mandal, Ananthapuramu District as illegal, arbitrary and violative of Articles 14,16, and 300-A of Constitution of India and consequently set aside the same 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 all further proceedings of the respondent No.3 in RC. No. 2120/2015/D2(B). ROR pending disposal of the writ petition 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 may be pleased to extend the stay orders granted on 18-09-2025 for a further period, in the interest of justice and to pass Counsel for the Petitioner(S): 1. D.SHYAM SUNDER Counsel for the Respondent(S): 1. GP FOR REVENUE 2. K SRINIVAS The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus questioning the action of the Respondent No.3 in issuing the notice in proceedings RC. No. 2120/2015/D2(B) for cancellation of pattadar passbooks which are in favour of writ petitioners to an extent of Ac.11.81 Cents in survey Nos. 58, 58/1, 58/lA and 58/2 situated in Obulapuramu village of Garladinne Mandal, Ananthapuramu District as illegal, arbitrary and violative of Articles 14,16, and 300-A of Constitution of India and consequently set aside the same….” 2. Heard M/s. D.Shyam Sunder, learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioners submitted that without having any order, respondent no.3 has entertained the appeal filed by respondent no.5 and issued notice which is contrary to the provisions of the Act. Respondent no.3 is only entitled to entertain the appeal if any order is passed by the competent authority under Section 5(2)(3) of the Act. In the instant case, no such orders have been passed. 4. Learned counsel for the respondent no.5 has not contradicted the said averments. 5. Learned Assistant Government Pleader appearing for respondents submitted that the Court may pass appropriate orders. 4 6. In the said circumstances, the Writ Petition is disposed of by setting aside the impugned notice in proceedings RC.No.2120/2015/D2(B) declaring that respondent no.3 has no jurisdiction to entertain any appeal and remanding the matter to respondent no.4 to pass fresh orders basing on the application filed by respondent no.5. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 01.12.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.25323 of 2025 01.12.2025 RD