IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATT- (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRIJUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4339 OF 2025 Between: Gavarasana Divaakara Venkata Pediyya, S/o. Gavarasana Rama Swamy, Aged about 50 years, Occ; Agriculturist, R/o. D.No.1-22, Pedda Veedhi, Marlava Village, Peddapuram Mandal, East Godavari District, Andhra Pradesh-533437 ...PETITIONER AND The State of Andhra Pradesh, rep. by its Principle Secretary, Department of Revenue, 4'^ Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. The District Collector, Kakinada, Kakinada District, Andhra Pradesh. The Revenue Divisional Officer, Peddapuram, KakinadaDistrict, Andhra Pradesh. The Tahsildar, Marlava Village, Peddapuram Mandal, Kakinada District Andhra Pradesh. Gollapalli Suryanarayana, S/o. G. Chandra Rao, Aged about 52 years, R/o. D.No. 6-111, Durga Estate, Deepthi Sri Nagar, Miyapur Madeenaguda, Hyderabad, Andhra Pradesh-500049. Gollapalli Ruthmercy, D/o. G. Suryanarayana, Aged about 32 years, R/o. D.No. 6-111, Durga Estate, Deepthi Sri Nagar, Miyapur, Madeenaguda, Hyderabad, Andhra Pradesh-500049. 1. 2. 3. 4. 5. 6. G- 7. Gollpalli Joseph Daniel, S/o. Gollapalli Suryanarayana, Aged about 26 years, R/o. D.No.6-111, Durga Estate, Deepthi Sri Nagar, Miyapur, Madeenaguda, Hyderabad, Andhra Pradesh-500049. ,,r< - ...RESPONDENTS- Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent no.4, in trying to mutate the web land entries in favour of the unofficial respondents herein in respect of land situated in Sy. No.93/1 to an extent of Ac 0.94 cents, Sy.No.94/5 to an extent of Ac.0.825 cents, Sy.no.71/C to an extent of Ac. 1.52 cents and Sy. No.70/3 to an extent of Ac.0.60 cents, to a total extent of 3.76 cents situated in Marlava Village, Peddapuram Mandal, Kakinada District without putting in any notice to the petitioner as there is a civil suit pending in respect of the same property vide O.S. No. 46 of 2024 on the file of the court of VII Additional District Judge, Kakinada as illegal, arbitrary unjust and the said action of the authority is in derogation of Section 5(3) of the Andhra Pradesh Rights In Land And Pattadar Pass Books Act, 1971 (ACT No. 26 of 1971) besides being contrary to the judgment of this Hon'ble Court in Chinnam Pandurangam V Mandal Revenue Officer Lawsuit(AP) 293 as illegal, arbitrary and violation of principles of natural justice amounts to infringement of Fundamental Rights guaranteed undef Article 21 of the Constitution of India and consequently direct therespondent no.4 not to mutate the revenue records pertaining to Sy. No. 93/1 to extent of Ac 0.94 cents, Sy.No.94/5 to an extent of Ac.0.825 cents, Sy 71/C to an extent of Ac. 1.52 cents and Sy. No. 70/3 to an extent of Ac.0.60 cents, to a total extent of 3.76 cents situated in Marlava Village, Peddapuram Mandal, Kakinada District till the disposal of O.S. No. 46 of 2024 on the file of the court of VII Additional District Judge, Kakinada and to follow the procedure established by law. ^ may 2007 an .no. lA 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 direct the respondent no.4 not to mutate the revenue records pertaining to Sy. No.93/1 to an extent of Ac 0.94 cents, Sy.No.94/5 to extent of Ac.0.825 cents, Sy.no. 71/C to an extent of Ac. 1.52 cents and Sy. No. 70/3 to an extent of Ac.0.60 cents, to a total extent of 3.76 cents situated in Marlava Village, Peddapuram Mandal, Kakinada District in favour of unofficial respondent nos. 5 to 7 and pass order or orders in accordance with law pending disposal of the above writ petition.^ an Counsel for the Petitioner: SRI KOTA KRISHNA DEEPTHI r— Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE Counsel for the Respondent Nos.5 to 7:-- The Court made the following: ORDER 1 APHC010082382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4339/2025 Between: 1.GAVARASANA DIVAAKARA VENKATA PEDIYYA, S/0. GAVARASANA RAMA SWAMY, AGED ABOUT 50 YEARS, OCC. AGRICULTURIST, R/0. D.NO.1-22, PEDDA VEEDHI, MARLAVA VILLAGE, PEDDAPURAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH-533437 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, 4THBLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM, KAKINADADISTRICT, ANDHRA PRADESH. 4.THE TAHSILDAR, MARLAVA VILLAGE, PEDDAPURAM MANDAL, KAKINADADISTRICT ANDHRA PRADESH. 5.GOLLAPALLI SURYANARAYANA, S/0. G. CHANDRA RAO, AGED ABOUT 52 YEARS, R/0. D.NO. 6-111, DURGA ESTATE, DEEPTHI SRI NAGAR, MIYAPUR MADEENAGUDA, HYDERABAD, ANDHRA PRADESH-500049. 2 6.G0LLAPALLI RUTHMERCY, , D/0. G. SURYANARAYANA, AGED ABOUT 32 YEARS, R/0. D.NO. 6-111, DURGA ESTATE, DEEPTHI SRI NAGAR, MIYAPUR, MADEENAGUDA, HYDERABAD, ANDHRA PRADESH-500049. 7.GOLLPALLI JOSEPH DANIEL, S/0. GOLLAPALLI SURYANARAYANA, AGED ABOUT 26 YEARS, R/0. D.NO.6-111, DURGA ESTATE, DEEPTHI SRI NAGAR, MIYAPUR, MADEENAGUDA, HYDERABAD, ANDHRA PRADESH-500049. ...RESPONDENT(S): Counsel for the Petitioner: 1.KOTA KRISHNA DEEPTHI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Ms. Kota Krishna Deepthi, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Stamps & Registration. 2. The present Writ Petition is filed seeking a direction to the Respondent Authorities not to mutate the name of the Unofficial Respondent Nos.5 to 7. The facts would indicate that the Writ Petitioner herein has filed O.S.No.46 of 2024 on the file of VII Additional District Judge, Peddapuram and the same is pending for adjudication. The Suit is filed for grant of specific performance on the strength of Agreement of Sale dated 12.01.2020. The Writ Petitioner has also filed l.A.No.497 of 2024 under Order 39 Rule 1 & 2 seeking an Interim Order restraining the Defendants/Respondents from alienating the property to any third parties during the pendency of the Suit. Since the original Vendor of the Plaintiff (Writ Petitioner herein) died even by the date of filing of the Suit, the Writ Petitioner has arrayed the Legal Representatives of the original vendor as Defendants in the Suit. It is submitted by the learned Counsel for the Writ Petitioner that the Suit as well 3 as the LA filed on 22.07.2024 are still pending for consideration. The Writ Petitioner has learned from reliable sources that the Defendants are taking steps to mutate their names and create third party rights before consideration of I.A.No.497 of 2024 in O.S.No.46 of 2024 by the VII Additional District Judge, Peddapuram. 3. Having regard to the above facts, this Court is of the opinion that the relief sought by the Writ Petitioner in the present Writ Petition, cannot be entertained, because it is the right of the legal heirs of the deceased person to have their names mutated in the Revenue Record and it is needless to state that such mutation, if done, shall always be subjected to the outcome in the judicial proceedings. However, this Court notices that the Interlocutory Application bearing I.A.No.497 of 2024 has also been pending on the file of Trial Court since July, 2024. I.As are filed in order secure the interest of the parties and to ensure that the Suit Schedule Land are not alienated in favour of third parties that may unnecessarily create third party rights. 4. The VII Additional District Judge, Peddapuram, ought to have considered the I.A.No.497 of 2024 at the earliest. In any case, about six or seven months have already elapsed. 5. In this view of the matter, in order to balance the interest of all the parties, there shall a direction to the VII Additional District Judge, Peddapuram to dispose of the I.A.No.497 of 2024 within a period of six weeks from today. e.With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7.Interlocutory Applications, if any, stand closed in term§./<5^f this order. SD/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTiON OFFICER V, 1. The Principle Secretary, Department of Revenue, State of Andhra Pradesh, 4**^ Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. To, 2. The District Collector, Kakinada, Kakinada District, Andhra Pradesh. 3. The Revenue Divisional Officer, Peddapuram, KakinadaDistrict, Andfira ^ Pradesh. 4. The Tahsildar, Marlava Village, Peddapuram Mandal, Kakinada Dis^ct Andhra Pradesh. 5. One CC to Sri Kota Krishna Deepthi, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb I HIGH COURT w DATED:19/02/2025 ORDER WP.No.4339 of 2025 * 0 6 MAR 20?5 % , Current iieciion . %5£gSpATC«*5^ DISPOSING OF THE W.P. WITHOUT COSTS