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2026 DAILYLAW 12022 (AP)

Andukuri Raju v. The State of Andhra Pradesh

WP/27809/2026 · 2026-09-28

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010510622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27809/2026 Between: 1. ANDUKURI RAJU, S/O.ANDUKURI ABRAHAM, AGED ABOUT 57 YEARS, OCC. FARMER, DOOR NO.18-229, NAKKARAJU GUNTA, NEAR LORD CHURCH, UNDI VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534199 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P.SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DIST. 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYATH RAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DIST. 522237 3. THE DISTRICT COLLECTOR AND MAGISTRATE, BHIMAVARAM TOWN AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH .534201 4. THE DISTRICT REVENUE OFFICER, BHIMAVARAM TOWN AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH534201 5. THE DISTRICT PANCHAYATH OFFICER, BHIMAVARAM TOWN AND MANDAL, WEST GODAVARI DISTRICT, BHIMAVARAM.534201. 6. THE JOINT COLLECTOR, BHIMAVARAM TOWN AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH.534201 7. THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM TOWN AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH534201 8. THE TAHSILDAR, UNDI VILLAGE AND MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH 534199 9. THE VILLAGE REVENUE OFFICER, UNDI VILLAGE AND MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH534199 10. THE UNDI VILLAGE GRAM PANCHAYATH, REP. BY ITS SECRETARY, UNDI VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 534199 11. THE KALISIPUDI VILLAGE GRAM PANCHAYATH, REP. BY ITS SECRETARY, KALISIPUDI VILLAGE AND UNDI MANDAL, WEST GODAVARI DISTRICT, 534199. 12. KOKKIRI RAJ KUMAR, S/O PETHURU, OCC. FARMER, AGED ABOUT 47 YEARS, DOOR NO.18-22, NAKKARAJU GUNTA, NEAR LORD CHURCH, UNDI VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534199 ...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 declaring the action of the Respondents more particularly the 7th Respondent in passing the impugned proceedings vide e-No.1974591/2026/DT, dated 14.05.2026 whereby the appeal preferred against the mutation order passed by the 8th Respondent and Notwithstanding the failure of the 7th Respondent to furnish a copy of the impugned proceedings vide e-No.1974591/2026/DT, dated 14.05.2026 upon me as being illegal, arbitrary, without jurisdiction, contrary to the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 19 and 300-A of the Constitution of India, and contrary to the settled principles governing mutation proceedings and consequently to set aside the impugned proceedings vide eNo.1974591/2026/DT, dated 14.05.2026 passed by the 7th Respondent and direct the Respondents to restore and give effect to the mutation order IA NO: 1 OF 2026 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 suspend the operation of the impugned proceedings vide e- No.1974591/2026/DT, dated 14.05.2026, passed by the 7th Respondent and consequently restrain the Respondents from altering, disturbing or giving effect to the impugned proceedings vide e-No.1974591/2026/DT, dated 14.05.2026in the revenue records in respect of the subject lands, pending disposal of the above writ petition Counsel for the Petitioner: 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: Heard Sri Yaswanth Gade, learned counsel for the petitioner, Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1, 4, 6 to 9, learned Assistant Government Pleader for Panchayat Raj and Rural Development for respondents 2 and 5 and Sri Y.Koteswara Rao, learned Standing Counsel for respondents 10 and 11. 2. Assailing the proceedings issued by the 7th respondent vide e- No.1974591/2026/DT, Roc.No.1665/ROR/2025/DT dated 14.05.2026 (Ex.P1), the above writ petition is filed. 3. An appeal filed by the petitioner under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as “Act”), was dismissed by the proceedings vide Ex.P1. 4. Learned counsel for the petitioner would submit that the proceedings Ex.P1 were served on the petitioner on 18.09.2026 and, hence, the petitioner could not file a revision. Page 4 of 5 5. Learned Assistant Government Pleader for Revenue would submit that no time limit is prescribed either under Section 9 of the Act or under Rule 23 of the Rules to file a revision. 6. In reply, learned counsel for the petitioner would submit that the petitioner will avail the remedy under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. 7. A perusal of Section 9 of the Act and Rule 23 of the Rules does not prescribe any time limit for filing a revision against the order passed by the 7th respondent under Section 5(4) of the Act. However, such revision should be filed within a reasonable time. Learned Assistant Government Pleader also did not bring to the notice of the Court any other provision prescribing the limitation to file a revision. 8. In the case at hand, learned counsel for the petitioner would assert that he received a copy of the order on 18.09.2026. 9. Considering the request made by learned counsel for the petitioner and given the facts and circumstances of the case, without going into the merits of the matter, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, giving liberty to the petitioner to file a revision before the 6th respondent within a period of two (02) weeks from today. Upon filing such revision, the learned 6th respondent shall entertain the same and pass appropriate orders strictly in accordance with the procedure prescribed under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and the Rules made thereunder. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 29.09.2026 SNI 237 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27809 OF 2026 Date: 29.09.2026 SNI