APHC010032802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2423/2024 Between: 1. VALIVARTHI NAGA VENKATA SATYA SIVARAMA PRASAD VARMA,, S/O VALIVARTHI RAMA KRISHNA RAJU, AGED 51 YEARS, HINDU, RESIDING AT 79-A, SANDYHURST LANE,ASHFORD, KENT TN25 4NU, UNITED KINGDOM,REP. BY HIS GPA HOLDER, KUNAPARAJU VENKATA SUBBA RAJU, S/O LATE RAMA RAJU, AGED 61 YEARS, HINDU, R/O D.NO.2-22- 1/186/301, SRI SIVA ENCLAVE, BHAGYANAGAR COLONY, KUKATPALLY, HYDERABAD, TELANGANA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. 3. THE REVENUE DIVISIONAL OFFICER, ELURU REVENUE DIVISION, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT) 4. THE TAHSILDAR, DENDULURU MANDAL, ELURU DISTRICT(FORMERLY WEST GODAVARI DISTRICT) 5. PARUCHURI PADMINI, W/O VENKATA BKR, AGED NOT KNOWN, R/O NAVANIRMAN NAGAR, ROAD N0.71, JUBILEE HILLS, HYDERABAD, TELANGANA - 500 033 ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the rd proceedings initiated in R.C.No.383/2021/A dt 27.5.2023 issued by the 3 respondent thereby directing the petitioner to appear before his authority with all documents relating to his landed property of Ac. 11.54 Cents covered by S.No.788 of Pothunuru Revenue Village of Denduluru Mandal in Eluru District (Formerly West Godavari District) as illegal, irregular, irrational, arbitrary. without jurisdiction, violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents not to meddle with record of rights stand in the petitioner name connected to his said lands and to pass IA NO: 1 OF 2024 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 the proceedings of Appeal in Rc.No. 383/2023/A vide E.File No. 43440 pending before the 3rd respondent, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2024 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 permit the petitioner to amend Survey Number by substituting <783= for mistakenly written Survey Number 788=occurred in 3rd Line of Paragraph No. 3 of Writ affidavit filed in support thereof in W.P.No. 2423 of 2024 in the interest of justice and pass IA NO: 3 OF 2024 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 vacate the interim orders dated 15.02.2024 in W.P.No.2423 of 2024 and dismiss the writ petition and pass IA NO: 4 OF 2024 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 receive the Reply copies on record by allowing the leave petition in the above writ petition and pass IA NO: 5 OF 2024 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 please to grant leave to the petitioner to file the vacate stay petition in WP No.2423 of 2024, before this Hon’ble Court, in the interest of justice. IA NO: 6 OF 2024 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 vacate the Order in I.A.No.1 of 2024 in W.P.No.2423 of 2024, dated 15.02.2024 and dismiss the Writ petition with costs and pass Counsel for the Petitioner: 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. K RAGHU VEER The Court made the following: ORDER: 1. This Writ Petition is filed seeking to declare the proceedings initiated in R.C.No.383/2021/A dated 27.05.2023 issued by the 3rd respondent, whereby the petitioner was directed to appear before the said authority with all documents relating to his landed property admeasuring Ac.11.54 cents in Sy.No.788 of Pothunuru Revenue Village, Denduluru Mandal, Eluru District (formerly West Godavari District), as illegal and arbitrary. 2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. 3. The grievance of the petitioner is that the 5th respondent submitted an application before the 4th respondent on 22.12.2021 seeking mutation of their names in the revenue records by deleting the name of the petitioner. The said application was considered by the 4th respondent and was rejected vide proceedings in R.O.C.No.295/2021/DT dated 21.12.2022. While rejecting the application, the 4th respondent took into consideration various aspects and held that there exist serious title disputes between the parties. It was further observed that, in view of Section 8 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder, the revenue authorities are not competent to decide complicated questions of title. Accordingly, the application filed by the 5th respondent was rejected. 4. It is not in dispute that if any order is passed by the Tahsildar under Section 5 of the Act, the aggrieved party has an effective alternative remedy of filing an appeal under Section 5(5) of the Act. The 5th respondent, being aggrieved by the rejection order dated 21.12.2022, has already preferred an appeal before the 3rd respondent. Therefore, it is for the 3rd respondent to adjudicate the said appeal on merits, after affording reasonable opportunity of hearing to all concerned parties, in accordance with law. 5. In view of the above circumstances, this Court is not inclined to interfere with the impugned notice issued by the 3rd respondent. Since the statutory appeal is already pending at the instance of the 5th respondent, the 3rd respondent shall consider and dispose of the said appeal strictly in accordance with the provisions of the Act and the Rules. 6. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to submit his explanation/objections before the 3rd respondent. The 3rd respondent is directed to consider the same and pass appropriate orders in the pending appeal, after affording opportunity of hearing to all parties concerned. There shall be no order as to costs. Consequently, miscellaneous petitions, if any pending in this writ petition, shall stand closed. _____________________ JUSTICE D.RAMESH Date :06.01.2026 RMD 302 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2423/2024 Date :06.01.2026 RMD