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2026 DAILYLAW 17769 (AP)

KOTHAPALLI KRISHNAVENI v. THE TAHSILDHAR

WP/5633/2026 · 2026-03-01

B Krishna Mohan

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010092382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5633/2026 Between: 1. KOTHAPALLI KRISHNAVENI, AGED 80 YEARS, W/O SRI K. VENKATA NARASIMHA RAJU, R/O. DOOR NO.10-89, FIRST FLOOR, JSR BUILDING, TADIKALAPUDI VILLAGE, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT, ANDHRA PRADESH - 534452. ...PETITIONER AND 1. THE TAHSILDHAR, KAMAVARAPUKOTA MANDAL, KAMAVARAPUKOTA, ELURU DISTRICT, ANDHRA PRADESH - 534449. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU - 534006. 4. THE PANCHAYAT DEVELOPMENT OFFICER, ADAMILLI GRAMA PANCHAYAT, ADAMILLI, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT - 534449. 5. SRI MADDIPATI KRISHNA KISHORE, S/O SRI SUBBA RAO, R/O. D.NO.3-63, NEAR RAMALAYAM, AADMALLI VILLAGE, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT, ANDHRA PRADESH - 534449. ...RESPONDENT(S): 2 BKM,J W.P.No.5633 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the first respondent in issuing the notification/notice dated 03.02.2026 proposing to remove my name from the revenue records pertaining to my land an extent of Ac.2.08 Cents in Survey No.267/1A/1 of Aadmalli Village, Hamlet of Tadikalpudi village Kamavarapukota Mandal, Eluru District, in spite of decree in O.S. No.43 of 2017 dated 30-06-2023 in which the 5TH respondent, his brother and mother were also parties, as illegal, arbitrary, without jurisdiction, capricious and under the colorable exercise of the jurisdiction and against the provisions of the Record of Rights and Pattadar Pass Books Act particularly Section 8 and against the constitutional guarantees and to consequently direct the first respondent to drop all further proceedings pursuant to the said notice/notification dated 03-02-2026 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 to stay all further proceedings pursuant to the notice/notification of the first respondent dated 03-02-2026 pertaining to my land an extent of two acres eight cents covered by Survey N0.267/1A/1 during the pendency of this and pass Counsel for the Petitioner: 1. K SARVA BHOUMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. 3 BKM,J W.P.No.5633 of 2026 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. The issuance of notice to the 5th respondent is dispensed with as no prejudice would cause even if it is disposed of in his absence. 2. This Writ Petition is filed questioning the notice issued by the 1st respondent in rule 19(1) under ROR Act/Form-8 dated 03.02.2026 calling for objections, if any, in the matter of change of mutations in respect of the subject land as detailed in the said notice dated 03.02.2026, at the instance of the mutation application filed by the 5th respondent dated 02.02.2026. 3. The counsel for the petitioner submits that, in pursuance of the said notice dated 03.02.2026, the petitioner submitted explanation/written objections dated 16.02.2026 and without considering the same, the 1st respondent proceeded with the matter finally to favour the unofficial respondent by mutating his name in the revenue records for the subject land, which is contrary to law and facts. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 submits that it is only the notice dated 03.02.2026 and the written objections dated 16.02.2026 will be considered by the 1st respondent following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to submit additional explanation/written objections, if any, enclosing all the necessary documents in support of her claim within a period of four (04) weeks from the date of receipt of this order to the above said impugned notice of the 1st respondent dated 03.02.2026. On receipt of such additional explanation/written objections, if any, from the petitioner, in continuation of the earlier explanation/written objections dated 16.02.2026, the 1st respondent shall proceed with the necessary enquiry pursuant to the above said notice 4 BKM,J W.P.No.5633 of 2026 dated 03.02.2026, strictly in accordance with law by hearing all the parties concerned, including the petitioner and the unofficial respondent/5th respondent 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 three (03) months thereafter. Pending the above said enquiry there shall be an order of status- quo as on today to be maintained with respect to the subject land as detailed in the above said notice dated 03.02.2026. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. ___________________________ JUSTICE B KRISHNA MOHAN 02.03.2026 CMK 5 BKM,J W.P.No.5633 of 2026 222 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5633/2026 02.03.2026 CMK