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2026 DAILYLAW 17628 (AP)

R ELUMALAI REDDY v. THE STATE OF ANDHRA PRADESH

WP/6086/2026 · 2026-03-04

B Krishna Mohan

body2026

Judgment text

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APHC010089142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6086/2026 Between: 1. R ELUMALAI REDDY, S/O LATE R SUBRAMANYAM REDDY, AGED 57 YEARS, RESIDENT OF DOOR NO. 2/126, NAGARAJU KUPPAM VILLAGE, KAVETIPURAM POST, NAGARI MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517590. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRUCT, ANDHRA PRADESH-522237. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, ANDHRA PRADESH-517002. 3. THE REVENUE DIVISIONAL OFFICER, NAGARI DIVISION, CHITTOOR DISTRICT- 517590, ANDHRA PRADESH. 4. THE TAHSILDAR, NAGARI MANDAL, CHITTOOR DISTRICT-517590, ANDHRA PRADESH. 5. P L MANOHARAN, S/O P.G LOKANATHAM, AGED MAJOR, R/O D.NO. 9-5-28, SYNDICATE STREET, PUDUPET, NAGARI MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH-517590. ...RESPONDENT(S): 2 BKM,J W.P.No.6086 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent/Revenue Divisional Officer, Nagari Division, Chittoor District, in directing the espondent/Tahsildar, Nagari Mandal, to cancel the petitioner's pattadar pass book and to delete his name from the revenue records in respect of land admeasuring an extent of Ac.4.65 cents situated in Sy.No.87/2A of Nagaraju Kuppam Revenue Village, Nagari Mandal, Chittoor District, as illegal, arbitrary, without jurisdiction, contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, violative of the principles of natural justice and Article 300-A of the Constitution of India, and consequently set aside the same and direct the respondents 1 to 4 to continue the petitioner's name in the revenue records and Pattadar Pass Book and not to interfere with the petitioner's lawful possession and enjoyment of the subject land 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 respondents 1 to 4 to continue the petitioner's name in the revenue records and Pattadar Pass Book and not to interfere with the petitioner's lawful possession and enjoyment of the subject land in respect of land admeasuring an extent of Ac.4.65 cents situated in Sy.No.87/2A of Nagaraju Kuppam Revenue Village, Nagari Mandal, Chittoor District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V NITESH 3 BKM,J W.P.No.6086 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 and the learned counsel appearing for the 5th respondent. 2. This writ petition is filed questioning the order of the 3rd respondent dated 19.12.2025 directing the 4th respondent to delete the name of the 1st respondent therein/petitioner herein in the web land adangal, 1-B Register and all other connected revenue records pertaining to the schedule land as mentioned therein by restoring the name of the appellant therein/5th respondent herein as pattadaar and enjoyer of the said extent, ensuring the records align with Khata No.399 and Registered Document No.312/2001 in accordance with the provisions of the ROR Act, 1977 and the rules framed there under. 3. The learned counsel for the petitioner submits that the 3rd respondent did not appreciate the facts and circumstances of the case and inspite of having judgment and decree in favour of the petitioner herein in O.S.No.179 of 2017 on the file of Senior Civil Judge, Puttur dated 03.10.2017 and the consequential execution proceedings in E.P.No.26 of 2019, the same were not taken into consideration by the said authority while passing the above said impugned order. 4 BKM,J W.P.No.6086 of 2026 4. On the other hand, the learned counsel appearing for the 5th respondent submits that it is an ex-parte decree between the petitioner herein and the judgment debtor by name Mr. Arkadu Krishna Reddy, who is not a party respondent in this writ petition and the 5th respondent is not a party to the said suit proceedings. When the E.A.No.51 of 2024 was filed in the above said execution proceedings of the said judgment and decree dated 03.10.2017, the same was returned with an observation that “the judgment debtor is not in possession of the schedule land and it is an un-executable decree”. 5. In reply, the learned counsel for the petitioner submits that the 3rd respondent cannot go into the title and possession of the schedule land contrary to the observations made by the competent Civil Court. 6. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that the petitioner can avail the remedy of revision before the Joint Collector, Chittoor under Section 9 of the ROR Act, 1977 within 60 days from the date of receipt of the said order. If so availed, the same would be considered by following the due procedure by the said authority. 7. In view of the above said facts and circumstances, the petitioner is permitted to file revision before the Joint Collector, Chittoor against the above said order of the 3rd respondent dated 19.12.2025 within a period of four (04) weeks from the date of receipt of this order, enclosing all the necessary documents in support of his claim. On receipt of such revision from the 5 BKM,J W.P.No.6086 of 2026 petitioner, the Joint Collector, Chittoor is directed to consider and dispose of the same strictly in accordance with law, by hearing all the parties concerned, including the petitioner and the 5th respondent herein, 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 (04) months thereafter. Pending the above said enquiry in the above said revision, there shall be an order of status quo as on today to be maintained with respect to the mutation of names of the parties concerned with respect to the schedule land covered under the impugned order of the 3rd respondent dated 19.12.2025. 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 05.03.2026 PGT