APHC010027122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1827/2026 Between: 1. T LAKSHMAMMA, W/O. MUNUSWAMY, AGED ABOUT ABOVE 49 YEARS, R/O. G/737, ESHWAR NAGAR, V. KOTA MANDAL, CHITTOOR DISTRICT. 517370 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT.-522237 2. THE JOINT COLLECTOR, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. 517401 3. THE REVENUE DIVISIONAL OFFICER, , RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. - 517401 4. THE TAHSILDAR, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. 517401 5. T GAYATRI, W/O. ASHOK, AGED ABOUT NOT KNOWN, R/O. BONDALAGUNTA VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. 517401 ...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 a Writ or Order or Direction, particularly one in 2 HBKM,J W.P.No.1827 of 2026 the nature of Writ of Mandamus, declaring the action of the respondent no.4, in issuing the impugned proceedings dated 24.12.2025 in ROC No. B/162/2025 is illegal, arbitrary and violations of Article 14, 21 and 300A and consequentlyset a side the same and 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 suspend the operation of the impugned proceedings dated 24.12.2025 in ROC No. B/162/2025 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.1827 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4. Issuance of notice to the 5th respondent is dispensed with as no prejudice would cause to her even if the Writ Petition is disposed of in her absence. 2. This writ petition is filed questioning the action of the respondent No.4 in issuing the impugned proceedings dated 24.12.2025. 3. The learned counsel for the petitioner submits that the 4th respondent erroneously passed the impugned order dated 24.12.2025 without considering the claim of the petitioner for subject land in an extent of Ac.1.72 cents for issuance of pattadar pass book and title deed in a right perspective. The learned counsel for the petitioner submits that the land in an extent of Ac.2.72 cents in Sy.No.51/6B is classified as ‘settlement patta land’ and originally it belongs to one Mr.Papanna, who is the grandfather of the petitioner. He had no children and died about 35 years back. His wife Muni Venkatamma also died about 30 years back. Papanna had two brothers. Out of three brothers, two had no children. The elder brother Muniswamy had only one son Tippanna, who is the father of the petitioner and who died on 26.01.2024. The petitioner’s father had two wives. The petitioner’s mother Chinnamma, who subsequently re-married one Venkatesh Goudu about 25 years ago. The other wife Giddamma had no children and died about 15 years ago. Hence, the petitioner and her sister 4 HBKM,J W.P.No.1827 of 2026 Venkata Ratnama remained as the children of Chinnamma and Thippanna. In fact, Papanna sold only Ac.1.00 cents out of the total extent of Ac.2.72 cents in Sy.No.51/6 in favour of Muni Venkatappa, who is the father-in-law of the 5th respondent. Thus, the remaining extent of Ac.1.72 cents is continued as belonging to Papanna. However, Muni Venkatappa encroached upon the entire extent of Ac.2.72 cents and subsequently his legal heirs also continued such encroachment by preventing the petitioner from entering upon the land. 4. The learned counsel for the petitioner further submits that even according to the statement of the 5th respondent, the father-in-law of the 5th respondent late Sri Muni Venkatappa purchased Ac.1.00 cents out of total extent of Ac.2.72 cents in Sy.No.51/6 from Papanna through registered sale deed No.2440 of 1965, dated 15.10.1965, as per fair adangal patta. The remaining extent of Ac.1.72 cents was obtained from the same vendor through an unregistered document dated 04.11.1977. Thereafter, the father- in-law of the 5th respondent was issued a toka pattadar pass book and subsequently an old manual pattadar pass book bearing 1B khata No.127. The father-in-law of the 5th respondent died on 24.11.2009 and his wife Kamalamma predeceased him. They have five children namely sons Jayappa, Ashok and Chalapathi and daughters Sujatha and Sugunamma vide family member certificate No.FMC012503684682. On 09.06.2011, 5 HBKM,J W.P.No.1827 of 2026 under an unregistered partition deed, the total extent of Ac.2.72 cents was partitioned as follows: a) Ac.0.91 cents to Jayappa b) Ac.0.91 cents to Ashok c) Ac.0.90 cents to Chalapathi Accordingly, necessary entries were made in the web land records and pattadar pass books were issued. Thereafter registered sale deed and gift transactions were duly executed, pursuant to which pattadar pass books were issued in favour of the respective transferees. 5. The learned counsel for the petitioner further submits that the 4th respondent cannot take into consideration the unregistered document dated 04.11.1977 to be held in favour of the 5th respondent. He further submits that the report of the Village Revenue Officer and the Village Surveyor of Bondalagunta Revenue Village, Ramakuppam Mandal in respect of the total extent of Ac.2.72 cents in Sy.No.51/6 discloses that the land in Sy.No.51/6 admeasuring Ac.2.72 cents was originally recorded and was subsequently notionally sub-divided into survey Nos.51/6A and 51/6B admeasuring Ac.1.00 cents and Ac.1.72 cents respectively in favour of Muni Venkatappa and Chakala Thippanna. He also refers to the Form 1B dated 31.12.2022 to show the name of the petitioner’s father for an extent of Ac.0.76 cents and the Form 1B dated 30.01.2023 to show the name of the petitioner’s father for an extent of Ac.0.76 cents as pattadar. 6 HBKM,J W.P.No.1827 of 2026 6. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that the 4th respondent passed a reasoned order dated 24.12.2025 by holding that the petitioner is neither in possession nor in enjoyment of the subject land. Further the petitioner failed to produce any valid document or submit any evidence to establish her title or to prove her status as legal heir of Mr.late Papanna in the fair adangal pattadar. There is no registered or unregistered documents such as sale deed, gift deed or any other document to claim and substantiate ownership or possession over the subject land. 7. In view of the aforesaid facts and circumstances and upon considering the rival submissions, it is the case of the petitioner that she was not given any opportunity by the 4th respondent before passing the said impugned order dated 24.12.2025 which amounts to violation of principles of natural justice and as such the same is assailed in this Writ Petition on merits. Since there is a statutory appeal provided against the order under Section 5A(4) of the A.P.Rights in Land and Pattadar Pass Books Act, 1971, the petitioner is given liberty to prefer an appeal before the 3rd respondent within a period of three weeks from the date of receipt of this order. On receipt of the same, the same shall be considered and disposed of, strictly in accordance with law, by hearing all the parties concerned including the petitioner and the 5th respondent, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its 7 HBKM,J W.P.No.1827 of 2026 own merits, as expeditiously as possible, preferably within a period of three (03) months thereafter. 8. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B.KRISHNA MOHAN Dt: 22.01.2026 sj 8 HBKM,J W.P.No.1827 of 2026 221 THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION NO. 1827 of 2026 Dt: 22.01.2026 sj