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2026 DAILYLAW 15518 (AP)

ERRI MAHESWAR v. The State of Andhra Pradesh

WP/2568/2026 · 2026-01-30

Tuhin Kumar Gedela

Public Interest Litigationbody2026

Judgment text

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APHC010038452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3548] SATURDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 2568/2026 Between: 1. ERRI MAHESWAR, S/O BHASKARA, AGED ABOUT 43 YEARS, R/O ERRIVANDALPALLI, HAMLET OF THEETHAVAGUNTAPALLI, K.V. PALLI MANDAL, ANNAMAYYA DISTRICT, A.P. PIN. 517213. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DIST., A.P. PIN. 522238. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, A.P. PIN. 516269. 3. THE REVENUE DIVISIONAL OFFICER, K.V. PALLI MANDAL, PILER, ANNAMAYYA DISTRICT, A.P. PIN. 516269. 4. THE TAHSILDAR, K.V. PALLI MANDAL, ANNAMAYYA DISTRICT, A.P. PIN. 517213. 5. B REDDEPPA, S/O B. YARRA MALLAIAH, AGED 65 YEARS, R/O BURRA VANDLA PALLI VILLAGE, VAGALLA POST K.V. PALLI MANDAL, ANNAMAYYA DISTRICT, A.P. PIN. 517213. 6. B NAGARJUNA, S/O B. REDDEPPA, AGED 40 YEARS, R/O R/O BURRA VANDLA PALLI VILLAGE, VAGALLA POST K.V. PALLI MANDAL, ANNAMAYYA DISTRICT, A.P. PIN. 517213. ...RESPONDENT(S): 2 GTK, J W.P.No.2568 of 2026 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 an Order, direction, proceedings or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no. 4 in attempting to mutate the revenue entries in respect of the petitioner property in Sy.no. 33/2 with an extent of Ac. 0.85 14 Cents situated at K.V. Palli Mandal, Annamayya District, A.P in favour of respondents no. 5 and 6 without issuing any notice, without affording an opportunity of hearing and without following the mandatory procedure prescribed under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and also violative of Article 14, 21 and 300-A of the Constitution of India and Consequently direct the respondent no. 4 not to mutate the revenue entries in respect of the petitioner property in Sy.no. 33/2 with an extent of Ac. 0.85 1/2 Cents situated at K.V. Palli Mandal, Annamayya District, A.P in favour of respondents no. 5 and 6 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 direct the respondent no. 4 not to mutate the revenue entries in respect of the petitioner property in Sy.no. 33/2 with an extent of Ac. 0.85 A Cents situated at K.V. Palli Mandal, Annamayya District, A.P in favour of respondents no. 5 and 6, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. SHAIK AFZAL MOHAMMED Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 GTK, J W.P.No.2568 of 2026 ORDER: Heard, Mr.Shaik Afzal Mohammed, learned counsel for the petitioner and Mr.G.Divya Teja, learned Assistant Government Pleader for Revenue for the respondent Nos.1 to 4. 2. The grievance of the petitioner for invoking the jurisdiction of this Court under Article 226 of the Constitution of India is that the respondent No.4-Tahsildar, is attempting to mutate the revenue entries of the petitioner’s property in favour of respondent Nos.5 to 6, without issuing notice to the petitioner or affording any opportunity. 3. Learned counsel for the petitioner states that the property is the absolute property of the petitioner, and to substantiate the same, the petitioner has filed the Pattadar Passbook and 1-B record. He further states that earlier when there was interference by one B.Nagaiah in respect of the same property, the petitioner filed O.S.No.34 of 2024 on the file of the Principal Junior Civil Judge, Piler and an ad-interim injunction was granted against B.Nagaiah on 15.02.2024. 4. On the other hand, learned Assistant Government pleader has placed on record the instructions issued by the Tahsildar, dated 30.01.2026, wherein paragraph No.3 states as follows: “3. That, there is no claim petition U/Sec.4 of the ROR Act, 1971 from the Respondents No.5 to 6 pending before the 4th Respondent for mutation of subject land in Sy.No.33/2, Extent Ac.0.85½ Cents of KV Palle Village and Mandal and in such case the 4th Respondent will adhere to put in notice to the petitioner to explain his stand and after conduct of enquiry orders will be passed on merits strictly following due procedure U/Sec.5 of the ROR Act, 1971 and Rules, 1989.” 5. The grievance of the petitioner is redressed by the instructions issued by the Tahsildar that he will follow the due procedure under Section 5 of the ROR Act, 1971 and the Rules, 1989. 4 GTK, J W.P.No.2568 of 2026 6. In view of the above, the Writ Petition is disposed of, directing the respondent Nos.1 to 4 not to interfere as stated in the instructions issued by the Tahsildar, dated 30.01.2026. There shall be no order as to costs. 7. As a sequel, Interlocutory Applications, pending, if any shall stand closed. _______________________ TUHIN KUMAR GEDELA, J Date: 31.01.2026 BMS/Tsy