APHC010686462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36049/2025 Between: 1. SADI SUREDNDRA, , S/O. VENKATA RAMANA, AGE 33 YEARS, OCC GOVERNMENT EMPLOYEE, R/O. D.NO.158, VELLANKI VILLAGE, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 2. SADI DURGA,, W/O. VEKATA RAMANA, AGE 53 YEARS, OCC HOUSEWIFE, R/O. D.NO.158, VELLANKI VILLAGE, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT,522002 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REGISTRATIONS AND STAMPS DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 531163 4. THE REVENUE DIVISIONAL OFFICER, BHEEMUNIPATNAM REVENUE DIVISION, VISAKHAPATNAM DISTRICT.531163 5. THE SUBREGISTRAR, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 531163 6. THE TAHSILDAR, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 531163 7. SADI VENKATARAMANA, S/O. LATE S. APPALATHTHA, AGED 53 YEARS, OCC PRIVATE BUS DRIVER, R/O. D.NO.1-12, BODDAPALEM, NEAR MAIN ROAD ANANDAPURAM MANDAL, VELLANKI, VISAKHAPATNAM DISTRICT-531163 ...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 order, writ or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of respondents 4 to 6 in not considering our representation dt.12.11.2025 and in permitting illegal mutation and proposed alienation of land admeasuring Ac.0.1757 cents in Sy.No.280-6 situated at Vellanki Village, Anandapuram Mandal, Visakhapatnam District, in favour of the 7th respondent or third parties, as illegal, arbitrary, without jurisdiction and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and principles of natural justice and consequently direct respondents 4 to 6 to consider our representation dt.12.11.2025, conduct a detailed re-enquiry after due notice to all concerned, and withhold registration and alienation of the subject land in favour of third parties in respect of land for an extent of Ac 0.1757 cents, Sy.No.280-6 situated at Vellanki Village, Anandapuram Mandal, Visakhapatnam District and pass such 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 may be pleased to direct the respondents 4 to 6 forthwith to consider our representation dt.12.11.2025, conduct a detailed re-enquiry after due notice to all concerned, withhold any registration, mutation or alienation in respect of subject land for an extent of Ac‘ 0.1757 cents, Sy.No.280-6 situated at Vellanki Village Anandapuram Mandal, Visakhapatnam District and pass such Counsel for the Petitioner(S): 1. P SRILATHA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS The Court made the following: :: ORDER :: The above writ petition was filed complaining of the inaction of respondents 4 to 6 in considering the representation dated 12.11.2025 made by the petitioners vis-à-vis mutation of Ac.0.1757 cents in Sy.No.280-6 of Vellanki Village, Anandapuram Mandal, Visakhapatnam District, in favour of respondent No.7, as illegal and arbitrary. 2. Heard Smt. P. Srilatha Reddy, learned counsel for the petitioners and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for the respondents 1 to 6. Notice of respondent No.7 is dispensed with since no adverse order is passed against the right and interest of respondent No.7. 3. Learned counsel for the petitioners would submit that the 1st petitioner is the son and the 2nd petitioner is the wife of the respondent No.7. The aforementioned property belonged to the grandfather of the 1st petitioner and father of the respondent No.7, namely Sadi Appalathatha. After the death of Sadi Appalathatha, the property was mutated in the name of respondent No.7, without conducting any inquiry, as mandated under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, and the Rules made thereunder (hereinafter referred to as ‘the Act’). Taking advantage of the same, respondent No.7 is taking hectic steps to alienate the aforementioned property. 4. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, on instructions would submit that if respondent No.6 mutated the property in the name of respondent No.7, the aggrieved party had a right of appeal under Section 5(4) of the Act. The petitioners have to file an appeal before respondent No.4, the appellate authority under the Act. 5. Thus, as seen from the material available on record, the dispute is between the petitioners and respondent No.7. Respondent No.6-Tahsildar mutated the name of respondent No.7 in respect of the aforementioned property. If the petitioners are aggrieved regarding the mutation, i.e. non- adherence of procedure under the Act and the Rules made thereunder, the petitioners are at liberty to file a statutory appeal before the appellate authority as provided under the Act. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioners to file a statutory appeal as provided under the Act, before the appellate authority. If such an appeal is filed, the appellate authority shall consider the same and pass appropriate orders, strictly as per the provisions of the Act. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 26.12.2025 TVN 69 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.36049 OF 2025 Date: 26.12.2025 TVN