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2026 DAILYLAW 1501 (AP)

MACHHA LAKSHMI DEVI v. THE STATE OF ANDHRA PRADESH

WP/12474/2026 · 2026-05-03

B Krishna Mohan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010235822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 12474/2026 Between: 1. MACHHA LAKSHMI DEVI, W/O MACHHA KONDA REDDY, AGED 52 YEARS, OCC AGRICULTURIST, R/O BOMMEPARTHY VILLAGE, RAPTHADU MANDAL, ANANTHAPURAM DISTRICT- 515722 2. MACHHA BAYAMMA,, W/O MACHHA AKKULA REDDY, AGED ABOUT 60 YEARS, OCC AGRICULTURIST R/O BOMMEPARTHY VILLAGE, RAPTHADU MANDAL, ANANTHAPURAM DISTRICT - 515722. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522002 2. THE DISTRICT COLLECTOR, ANANTAHPUR DISTRICT, ANANTHAPURAM 515722 3. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAM, ANANTHAPURAM DISTRICT 515722 4. THE TAHSILDAR, RAPTHADU MANDAL, ANANTHAPURAM DISTRICT. 515722 5. GUGGILA JAYARAM REDDY, S/O.G.NARAYANAPPA, AGE NOT KNOWN TO THE PETITIONER R/O. BOMMEPARTHY VILLAGE, RAPTHADU MANDAL, ANANTHAPURAM DISTRICT ...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 topleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.3 in entertaining, 2 proceeding with the Appeal No. 1557 /2025 (D2/B/1557/2025) filed by the 5th Respondent as illegal, arbitrary, lack of jurisdiction and without any authority conferred by law and also contrary to the Judgement of Ratnamma v. Revenue Divisional Officer, Ranga Reddy District (W.P. No. 21689 of 1999, decided on 24.07.2015) and consequently dismiss the appeal pending before the 3rd respondent and to pass 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 pleased to stay all further proceedings including the passing of any final orders, in Rc.No.D2/B/1557/2025 pending before the 3rd Respondent (Revenue Divisional Officer) pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. KIRAN TIRUMALASETTI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.1 to 4. The issuance of notice to the 5th respondent is dispensed with, as no prejudice would cause to him even if it is disposed of in his absence. 2. This writ petition is filed questioning the appeal filed by the 5th respondent before the 3rd respondent in Appeal No.1557 of 2025 seeking cancellation of mutation proceedings for the subject land held in the name of the petitioners. 3. The learned counsel for the petitioners submits that, pursuant to the above said appeal filed by the 5th respondent, the 3rd respondent issued notices dated 31.03.2026 and 23.03.2026 for conducting enquiry. The learned counsel for the petitioners submits that in the light of the Division Bench judgment of erstwhile High Court in Ratnamma v. Revenue Divisional Officer, Dharmavaram, Anantapur District and others1 the 3rd respondent cannot entertain the appeal itself as the 5th respondent has not challenged any proceedings of the 4th respondent. The heading of the grounds of appeal seeks for cancellation of mutation proceedings and at the bottom of the grounds in the prayer portion sought for cancellation of assignment which is contrary to the scope of the ROR Act, 1971. 1 2015 (6) ALD 609 (DB) 4 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that the petitioners can submit their written statement and if so, the appeal would be disposed of on merits by the said authority following the due procedure. 5. In view of the above said facts and circumstances, the petitioners are permitted to submit their written statement/ counter in the above said appeal pending before the 3rd respondent in Appeal No.1557 of 2025 within a period of four (4) weeks from the date of receipt of this order enclosing all the necessary documents in support of their claim. On receipt of such written statement/ counter from the petitioners, the 3rd respondent shall consider and dispose of the above said appeal strictly in accordance with law by hearing all the parties concerned including the petitioners and the 5th respondent giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (4) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the mutation of the names of the parties concerned over the subject land covered under the above said appeal. 6. Accordingly, the writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 5 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 04.05.2026 NNN