APHC010096452023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4875 of 2023 Between: 1. DEVARAPALLI MALLIKAMBA, W/O.VASANTHA KUMAR, AGED ABOUT 40 YEARS, R/O.D.NO.2-146, 8TH WARD, BAHUBALENDRUNIGUDEM, GANNAVARAM MANDAL, KRISHNA DISTRICT -521101 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE TAHSILDAR, GANNAVARAM, GANNAVARAM MANDAL, KRISHNA DISTRICT. 4. DEVARAPALLI MOHANARAO, S/O.BIKSHALU SUNDARAM, AGED ABOUT 69 YEARS, R/O. D.NO.380, BAHUBALENDRUNIGUDEM, GANNAVARAM MANDAL, KRISHNA DISTRICT -521101 ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents under endorsement dt 16-02-2023 bearing Rc.A 775/2021 of the 3rd Respondent informing the petitioner that her objections with regarding to mutation of names in respect of land on an extent of Ac.O-27 cents in R.S.No.6/3, and the land of an extent of 2 Ac.O-74 cents in R.S.No.6/12 of Bahubalendrunigudem, Gannavaram Mandal, Krishna District cannot be consider is arbitrary, illegal and violative of provisions of Act.26 of 1971 and Rules made there under and consequently set aside the same. Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. B V ANJANEYULU The Court made the following: 3 ORDER: The present Writ Petition is filed to declare the endorsement dated 16.02.2023 bearing Rc.A:775/2021 of the 3rd respondent in informing the petitioner that the objections with regard to the mutation of names in respect of the land in an extent of Ac.0.27 cents in R.S.No.6/3 and the land of an extent of Ac.0.74 cents in R.S.No.6/12 of Bahubalendrunigudem, Gannavaram Mandal, Krishna District, cannot be considered, as illegal and violative of provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, Act 26 of 1971 (for brevity hereinafter called ‘the Act’). 2. A counter affidavit has been filed by the unofficial respondent No.4, wherein it is stated that that the unofficial respondent herein has filed a Writ Petition No.29420 of 2022, which was disposed of, on 13.09.2022 in the following manner: "Recording the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, it would suffice to issue direction to the respondents to dispose of the Application submitted by the petitioner through Meeseva dated 17.12.2021, within four (04) weeks from the date of receipt of a copy of this order, if the said application is in compliance of the mandatory requirement under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act No.26 of 1971) and rules framed therein. With the above direction, this Writ Petition is disposed of. No costs." 4 3. Learned counsel appearing for the 4th respondent would submit that the unofficial respondent’s name was mutated by the official respondents as per the orders of this Court in W.P.No.29420 of 2022 dated 13.09.2022 and if at all, the petitioner is aggrieved, he is at liberty to file a fresh Writ Petition or to avail any other alternative remedy. 4. Learned counsel appearing for the petitioner would request this Court to grant leave to the petitioner to file an appeal before the authority under the Act, 1971. 5. Accordingly, the Writ Petition is disposed of, directing the petitioner herein to avail the remedy of appeal before appropriate authority under the Act in accordance with law. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.01.2026 Siva/CMK 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4875 of 2023 Date: 02.01.2026 Siva/CMK