APHC010122032022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8430 OF 2022 Between: 1. CHENNUPALLI SUBBALAKSHUMMA, W/O TIRUPAL REDDY, HINDU, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O NAGISETTYPALLI VILLAGE, PADHARAJUPALLI POST, BRAHMAMGARI MATAM MANDAL, Y.S.R. KADAPA DISTRICT. 2. POKALA TULASAMMA, W/O RAMA SUBBA REDDY, HINDU, AGED ABOUT 42 YEARS, OCC. AGRICULTURE,. R/O NAGISETTYPALLI VILLAGE, PADHARAJUPALLI POST, BRAHMAMGARI MATAM MANDAL, Y.S.R. KADAPA DISTRICT. 3. CHENNUPALLI SUMANTHI,, W/O SUBBA REDDY, HINDU, AGED ABOUT 38 YEARS, OCC. AGRICULTURE, R/O NAGISETTYPALLI VILLAGE, PADHARAJUPALLI POST, BRAHMAMGARI MATAM MANDAL, Y.S.R. KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, KADAPA, Y.S.R. KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BADVEL REVENUE DIVISION, BADVEL, Y.S.R. KADAPA DISTRICT. 4. THE TAHSILDAR, BRAHMAMGARI MATAM MANDAL, Y.S.R. KADAPA DISTRICT ...RESPONDENT(S): 2 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 tobe pleased to issue, a writ of Mandamus, declaring the action of the 4th respondent directing the petitioners to evict from the lands by deleting the names of the petitioners in revenue records of Pattadar Adangal / Pahani for the land to an extent Ac.3.68 Cents in S.No.389/3A of Nagisettypalli Revenue Village, Brahmamgari Matam Mandal, Badvel Division, Y.S.R. Kadapa District without following the procedure though the petitioners are the absolute owners of the said lands as illegal, improper, unjust, arbitrary and violative of principles of natural justice and Article 300-A of the Constitution of India'and consequently direct the respondents mutate the names of the petitioners in the revenue above lands and consequently direct the respondents not to interfere with the petitioners land and pass IA NO: 1 OF 2022 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 please to direct the respondents not to evict the petitioner from the lands to an extent of Ac.3.68 Cents in S.No.389/3A of Nagisettypalli Revenue Village, Brahmamgari Matam Mandal, Badvel Division, Y.S.R. Kadapa District pending disposal of the writ petition and pass IA NO: 2 OF 2022 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 please to direct the respondents to mutate the names of the petitioners in the revenue records of Pattadar Adangal / Pahani for the lands to an extent of Ac.3.68 Cents in S.No.389/3A of Nagisettypalli Revenue Village, Brahmamgari Matam Mandal, Badvel Division, Y.S.R. Kadapa District pending disposal of the writ petition 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 grant leave to the Respondent No.4 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following order: Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondents. 2. The grievance of the petitioners in the instant writ petition is against the action of the respondents in removing the names of the petitioners from the revenue records in respect of the agricultural land of an extent of Ac.3.68 cents in Sy.No.389/3A of Nagisettypalli Revenue Village, Brahmamgari Matam Mandal, Badvel Division, YSR Kadapa District, though the same has already been mutated in their favour vide proceedings dated 11.01.2022. 3. It is contended that the petitioners’ father was the absolute owner of the subject land. Recognising the petitioners father’s title and possession of the subject property, the revenue authorities had mutated the name of their father in the revenue records and issued Pattadar Pass Books and Title Deed under Khata No.34. During his lifetime, he executed a Will Deed dated 07.10.2011 in favour of the petitioners. After the death of the petitioners’ father in 2017, the petitioners approached the respondents, requesting them to mutate their names in the revenue records based on the Will Deed executed by their father. Based on the said application, the names of the petitioners were mutated in the revenue records in place of their father. 4. It is stated that for the last 100 years, the petitioners’ family members have been in occupation and possession of the subject land. However, the names of the petitioners were subsequently removed from the revenue records 4 without issuing any notice to them. Thus, the instant writ petition is filed challenging the said action. Consequently, the petitioners seek a direction to the respondents to mutate their names in the revenue records. 5. In the counter affidavit, the respondents have not disputed the title of the petitioners in respect of the subject property and they have not assigned any reasons for removing the names of the petitioners from the revenue records. 6. Considered the submissions. Perused the record. The revenue authorities, having satisfied themselves with the documents submitted by the petitioners at the time of mutation and having followed due procedure, mutated the names of the petitioners in the revenue records. If the respondents entertained any doubt regarding the ownership of the petitioners, they ought to have issued a notice to the petitioners if the mutation proceedings required any modification or rectification. On the other hand, the respondents carried out the mutation without following the due procedure, without issuing any notice to the petitioners, and removed the petitioners' names from the revenue records. The said action of the revenue authorities is grossly violative of the principles of natural justice and is contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. 7. Having regard to the above, the respondents are directed to issue proceedings mutating the names of the petitioners in the revenue records as reflected and entered vide proceedings dated 11.01.2022, within a period of eight (8) weeks from the date of receipt of a copy of this order. 5 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.03.2026 BSK 6 114 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8430 OF 2022 Date: 17.03.2026 BSK