APHC010044422026 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: 2610/2026 Between: 1. ADDANKI NARENDRA BABU, S/O ADDANKI VENKATARATNAM CHOWDARY, AGED ABOUT 56YRS, R/O. FLAT NO.105, A-BLOCK, SRI SAI RESIDENCY, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATI DISTRICT. 4. THE TAHSILDAR, CHANDRAGIRI, TIRUPATI. ...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 an order or direction more particularly in the nature of writ of Writ of Mandamus declaring the action of the respondents for not mutating petitioners name in revenue records and issuing pattadar passbooks title deeds in favour of petitioner by implementing the order dated 26-02-1965 issued by Assistant Settlement Officer, Chittoor in SR. 2 GTK, J W.P.No.2610 of 2026 No.164/11(a)/CGR/64 for the land an extent AC 18.80cents in Sy.No.559 of Kotala village, Chandragiri Mandal, Tirupati is arbitrary, illegal, violation of principals of natural justice and violation of Articles 14, 20, 21 And 300A of the Constitution of India, consequently direct the respondents to change the nature of the land an extent AC 18.80cents in Sy.No.559 of Kotala village from Anadheenam to Ryotwari patta by implementing the order dated 26-02- 1965 issued by Assistant Settlement Officer, Chittoor in SR.No.164/11(a)/CGR/64 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 direct the respondents to consider the petitioner's representation dated 01-11-2025 during the pendency of the writ petition and pass Counsel for the Petitioner: 1. G V V S VARA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 GTK, J W.P.No.2610 of 2026 ORDER: Heard, Ms.Prasamsha, learned counsel representing Mr.G.V.V.S.Vara Prasad, learned counsel for the petitioner and Mr.G.Divya Teja, learned Assistant Government Pleader for Revenue for the respondents. 2. As seen from the affidavit, the contention of the petitioner is that he is in possession of the land in an extent of Ac.18.80 cents in Survey No.559 of Kotala Village, Chandragiri Mandal, Tirupati District. She further states that the same is fortified by the order passed by the Assistant Settlement Officer, Chittoor, dated 26.02.1965, filed under Section 11(a) of the Andhra Pradesh Estates Act, 1948. In the said petition, the petitioner‟s father was examined as PW1 and the Truinee Officer was examined as PW2. Finally, the petition was allowed in favour of the petitioner therein i.e., the father of the petitioner herein, by holding that the land is ryotwari in nature and granted Patta to the petitioner in the schedule mentioned land under Section 11(a) of the Act. 3. The petitioner submitted representation on 10.11.2025, detailing the nature of the property, which he was cultivating and also stated regarding the granting of Patta by the Assistant Settlement Officer, Chittoor vide order dated 26.02.1965 in S.R.No.164/11(a)/64-CGR. The said order has become final. 4. Learned counsel for the petitioner states that the Collector has acted upon the representation made by the petitioner and on 12.12.2025, the Collector directed the Revenue Divisional Officer to take necessary action as per the Rules in force. The grievance of the petitioner is that despite the same, no action has been taken by the competent authority i.e., the Revenue Divisional Officer, till date. 4 GTK, J W.P.No.2610 of 2026 5. On the other hand, learned Assistant Government Pleader placed on record the instructions issued by the Tahsildar dated 31.01.2026 vide Roc.A/23/2026, dated 31.01.2026 and drawn the attention of the Court to paragraph No.5, wherein it is held as follows: “R3: On Verification of the connected village accounts, the subject land was not granted any Ryotwari/DKT Patta to any individual at any point of time and recorded as „AWD‟. Therefore, the subject land was kept in the list of prohibited properties under Section 22A(1)(B) of the A.P. Registration Act, 1908 and housing layout was formed for allotment of House Sites under „NAVARATHNALU-PEDALANDARIKI ILLU‟ Programme in the year 2020.” 6. The reasons assigned by the Tahsildar at paragraph No.5(R4) are not convincing the Court. The Tahsildar accepts that the Assistant Settlement Officer, Chittoor, has issued a Ryotwari Patta in S.R.No.164/11(a)/64-CGR, dated 26.08.1965 to the petitioner‟s father. On the other hand, it is stated that the said Settlement Officer has no jurisdiction to issue such patta under Section 11(a) of the Act and that the document has no legal effect. 7. It is a settled law that even an order which is non est or without jurisdiction has to be challenged by the State/aggrieved party, failing which, the same attains finality. 8. Having perused the record and having heard both the counsels, it is evident that the proceedings, which were now placed before the Court, are not furnished to the petitioner and the competent authority i.e., the Revenue Divisional Officer is directed to pass orders on the proceedings dated 12.12.2025 issued by the Collector, directing him to take necessary action as per the Rules. As law deems that before taking any action, issuance of notice is necessary and due process of law should be followed. 9. In view of the fact that the petitioner is fortified by the order passed by the Assistant Settlement Officer, Chittoor, in the year 1965 itself, 5 GTK, J W.P.No.2610 of 2026 the respondents ought to have passed orders immediately on the proceedings issued by the District Collector and communicate the same to the petitioner. 10. Accordingly, the Writ Petition is disposed of, directing the respondent No.3 to forthwith take action on the proceedings issued by the District Collector, dated 12.12.2025, within a period of two (02) months from the date of receipt of a copy of this order. There shall be no order as to costs. 11. As a sequel, Interlocutory Applications, pending, if any shall stand closed. _______________________ TUHIN KUMAR GEDELA, J Date: 31.01.2026 BMS/Tsy