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2026 DAILYLAW 17692 (AP)

YERUKULA GURU SWAMY v. THE STATE OF AP

WP/5122/2026 · 2026-02-22

B Krishna Mohan

body2026

Judgment text

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APHC010092452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5122/2026 Between: 1. YERUKULA GURU SWAMY, S/O LATE YERUKULA SRI RAMULU, AGED 33 YEARS, R/O D.NO. 5-17, ST COLONY, MUDDULAPURAM VILLAGE, KANNEPALLI, BRAHMASAMUDRAM MANDAL, ANANTAPURAM DISTRICT. 2. YERUKULA ANJANEYULU,, S/O LATE YERUKULA SRI RAMULU, AGED 40 YEARS, R/O ST COLONY, MUDDULAPURAM VILLAGE KANNEPALLI, BRAHMASAMUDRAM MANDAL, ANANTAPURAM DISTRICT. 3. 3. YERUKULA SURESH,, S/O LATE YERUKULA GANGAPPA, AGED 40 YEARS, R/O ST COLONY, MUDDULAPURAM VILLAGE KANNEPALLI, BRAHMASAMUDRAM MANDAL, ANANTAPURAM DISTRICT. 4. 4. YERUKULA JAYANNA,, S/O LATE Y. GIDDI NAGAPPA, AGED 65 YEARS, R/O D.NO. 5-49, ST COLONY, MUDDULAPURAM VILLAGE, KANNEPALLI, BRAHMASAMUDRAM MANDAL, ANANTAPURAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, DEPT OF REVENUE, SECRETARIAT COMPLEX, VELAGAPUDI, AMARAVATI, REP BY ITS PRINCIPAL SECRETARY. 2. 2. THE DISTRICT COLLECTOR, ANANTAPURAM DISTRICT, 2 BKM,J W.P.No.5122 of 2026 ANANTAPURAM. 3. 3. THE REVENUE DIVISIONAL OFFICER, KALYANDURG DIVISION, ANANTAPURAM DISTRICT. 4. 4. THE TAHSILDAR, BRAHMASAMUDRAM MANDAL, ANANTAPURAM DISTRICT. 5. 5. YERUKULA MACHANNA, S/O LATE BUDDA RAMAPPA, AGED 70 YEARS, R/O KALAGALLU VILLAGE, KUDERU MANDAL, ANANTAPURAM DISTRICT. 6. MUNGA PRADEEP, S/O LATE GANGADHARA, AGED 35 YEARS, R/O KALAGALLU VILLAGE, KUDERU MANDAL, ANANTAPURAM DISTRICT. ...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 pass an order or direction or any other proceedings one in the nature of Writ of Mandamus declaring the action of the 3RD respondent in entertaining the Appeal u/s 5 of A.P. Rights in Land and Pattadar Passbooks Act, 1971 without there being any original order and issuing proceedings vide dated 27.01.2026 directing to remove the names of the petitioners and their other family members from the revenue records in an extent of Ac.4.00 situated in Sy.No. 337-2B of Kannepalli Village, Brahmasamudram Mandal, Anantapuramu District as arbitrary, illegal, unreasonable, unjust, withour authority and without D.Dis.No. BI/633/2025 jurisdiction besides violating the petitioners rights guaranteed under Article 14, 19 and 300A of the Constitution of India and consequently set aside the same and pass s 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 leased to suspend the proceedings of the 3RD respondent, Revenue Divisional Officer vide D.Dis.No. B1/633/2025dated 27.01.2026 directing to remove the names of the petitioners and their other family members from the revenue records in an extent of Ac.4.00 situated in Sy.No. 337- 2B of Kannepalli Village, Brahmasamudram Mandal, Anantapuramu District pending disposal of the writ petition and pass 3 BKM,J W.P.No.5122 of 2026 Counsel for the Petitioner(S): 1. HARISH KUMAR RASINENI Counsel for the Respondent(S): 1. GP FOR REVENUE 4 BKM,J W.P.No.5122 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos. 1 to 4. 2. The Issuance of notice to the respondent Nos.5 and 6 is dispensed with, as no prejudice would cause to them even if it is disposed of in their absence. 3. This writ petition is filed questioning the order in appeal before the 3rd respondent, dated 27.01.2026 directing the 4th respondent as under: The schedule land in Sy.No.337-2B to an extent: of Ac.4.00 cents of Kannepalli Village, Brahmasamudram Mandal was assigned to one ‘Koriche Budda Ramappa’ vide D.A.R.Dis.No.772/65, dated 25.03.1956 and the Appellants are the successors of the Assignee. But, the Assignee and Appellants have migrated to Kalagalla Village of Kudair Mandal long back and not residing in Kambadur Mandal. Further, the names of the respondents were entered in the webland without any assignment made to them and such entries deserves for cancellation. Further, the schedule land is kept fallow and not cultivated by either appellants or respondents and violated Assignment Rules. Therefore, the Tahsildar, Brahmasamudram is directed to delete the names of the respondents entered in the webland against the schedule land vide IB Nos.131, 1278, 698, 545 and 79 and he shall take further necessary 5 BKM,J W.P.No.5122 of 2026 action in the matter as per A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. 4. The petitioners herein are some of the respondents before the appellate authority where the appeal was preferred by the respondent Nos.5 & 6 herein. The learned counsel for the petitioners submits that the 3rd respondent ought not to have entertained the appeal filed by the unofficial respondent Nos.5 and 6 herein. When the petitioners are not in possession of the subject land, they ought not to have been directed to be deleted from the revenue records as detailed in the above said impugned order, dated 27.01.2026. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that the petitioners are having an effective alternative remedy before the Joint Collector of Anantapuram District and, without availing the same, this writ petition is filed. 6. In view of the above said facts and circumstances, as there is an effective alternative remedy under law, the petitioners are permitted to file a revision before the Joint Collector, Anantapuram against the above said order of the 3rd respondent, dated 27.01.2026, within a period of four (04) weeks from the date of receipt of this order, enclosing all the necessary documents in support of their claim. On receipt of such revision, the said revisional authority shall consider and dispose of the same strictly in accordance with law, by hearing all the parties concerned including the petitioners and the un-official respondent Nos. 5 and 6 herein, giving due opportunity, upon verification of 6 BKM,J W.P.No.5122 of 2026 the records and subject land, appropriate decision shall be taken on its own merits as expeditiously as possible preferably within a period of four (04) months thereafter. Till filing of the revision by the parties herein within the stipulated time as directed above, there shall be an order of status quo as on today to be maintained with respect to the mutation of the revenue records for the subject land covered under the above said order of the 3rd respondent, dated 27.01.2026. In default of filing the above said revision within the above said stipulated time, the interim protection granted by this Court stands automatically vacated. On filing of the revision, if any interim order is warranted, the petitioners are at liberty to move the revisional authority for the said purpose and if so made, it shall be considered on its own merits. 7. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 23.02.2026 RMD 7 BKM,J W.P.No.5122 of 2026 222 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5122/2025 23.02.2026 RMD