APHC010230322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 11384/2025 Between: 1. VASIREDDY SIVA KUMAR, S/O VENKATA RAO VASIREDDY, AGED ABOUT 53 YEARS, OCCUPATION EMPLOYEE, RESIDING AT HIG- 200, PHASE-1 AND II, NEAR MRO OFFICE, KPHB COLONY, KUKATPALLY, HYDERABAD - 500 072 ITS REP BY GPA HOLDER MANDAPATI SRINIVAS RAJU S/O LATE. KRISHNAM RAJU, AGED ABOUT 53 YEARS, OCCUPATION BUSINESS, RESIDING AT HOUSE NO. 58-21-20, SEETHA RAMA RAJU COLONY, BUTCHIRAJU PALEM, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 2. KANKIPATI VENKATA SRIHARI, S/O LATE K.V.S. RAMACHANDRA RAJU, D.NO. 39-6-38/1, SECTOR-6, MURALI NAGAR, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 3. KANKIPATI RAMAKRISHNAM RAJU, S/O LATE K.V.S. RAMACHANDRA RAJU 39-6-80/1/8 VIJAYA LAKSHMI R/O FLAT NO- 104 MURALI NAGAR, INDUSTRIAL ESTATE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 4. SMT. MANDAPATI SATYA ATCHUTA RAMA CHANDRA LAKSHMI, W/O SRI M. SRINIVASA RAJU, AGED ABOUT 50 YEARS, OCC HOUSEWIFE, R/O HOUSE NO. 58-21-20, SEETHA RAMA RAJU COLONY, BUTCHIRAJU PALEM, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH ...PETITIONER(S) 2 HBKM,J W.P.No.11384 of 2025 AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATI 2. THE APPELLATE AUTHORITY, UNDER RECORD OF RIGHTS ACT, AND DISTRICT REVENUE OFFICER, VIZIANAGARAM DISTRICT AT VIZIANAGARAM, ANDHRA PRADESH. 3. THE TAHSILDAR, S.KOTA MANDAL, VIZIANAGARAM DISTRICT. 4. PAPPALA CHALAPATHI SURYA RAO, S/O LATE JAYA RAJU, AGED 73 YEARS, R/O D.NO. 44-36-13/2-1, SRINIVASANAGAR, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH ...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 Certiorari to call for records and quash the proceedings in R.C. No.61/2023-A dated 19-10-2024 passed by the 3rd respondent by declaring the petitioners as absolute owners and possessors of the subject lands in an extent of Ac 20.00 cents situated in Sy.Nos.72/3, 72/3A, 72/6, 72/8, 72/17A, and 72/18 of Marupalli Village, Srungavarapukota Mandal, Vizianagaram District and to pass such orders. IA NO: 1 OF 2025 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 may be pleased to dispense with copy of impugned in de novo enquiry order passed by 3rd Respondent in Rc.No.1333/2024/D2, dated 19-10-2024, pending disposal of the Writ Petition, and to pass such orders. IA NO: 2 OF 2025 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 may be pleased to suspend the operation of the impugned in de novo enquiry 3 HBKM,J W.P.No.11384 of 2025 order passed by 3rd Respondent in Rc.No.1333/2024/D2, dated 19-10-2024, pending disposal of the Writ Petition, and to pass such orders. IA NO: 3 OF 2025 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 may be pleased to direct the Respondent Nos. 2 and 3 not to interfere with the possession of the petitioners the subject lands in an extent of Ac 20.00 cents situated in Sy.Nos.72/3, 72/3A, 72/6, 72/8, 72/17A, and 72/18 of Marupalli Village, Srungavarapukota Mandal, Vizianagaram District, pending disposal of the Writ Petition, and to pass such orders. IA NO: 4 OF 2025 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 vacate the interim order dated 30.04.2025 passed in W.P.No.11384 of 2025 in the interest of justice and to pass orders. Counsel for the Petitioner(S): 1. N RAVI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 4 HBKM,J W.P.No.11384 of 2025 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 3 and the learned counsel appearing for the 4th respondent. 2. This writ petition is filed questioning the order of the 2nd respondent dated 19.10.2024 filed by the 4th respondent herein. The learned counsel for the petitioners submit that the 2nd respondent ought not to have remanded the matter to the 3rd respondent to conduct denova enquiry in respect of the subject land in an extent of Ac.4.60 cents in Sy.No.72/8. The said order of the 2nd respondent dated 19.10.2024 is erroneous on facts and law. Without determining the rights of the parties concerned under the provisions of ROR Act, 1971, the 2nd respondent passed the above said impugned order directing both parties concerned to file afresh the mutation applications which creates confusion and controversy further as the prima facie title and possession of the subject land was not discussed in the said order. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 and the learned counsel appearing for the 4th respondent submit that the said impugned order of the 2nd respondent dated 19.10.2024 can be assailed by way of revision, if the petitioners are aggrieved of the same and they further submit that it is only a matter of remand to the original Authority to consider afresh the cases of the 5 HBKM,J W.P.No.11384 of 2025 parties concerned and as such the petitioners cannot attribute any prejudice to their interest over the subject land. 4. In view of the above said facts and circumstances, since there is an effective alternative remedy of revision before the Joint Collector, Vizianagaram, the petitioners are permitted to avail the same 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 from the petitioners if any within the above said stipulated time, the 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 4th respondent giving due opportunity, upon verification of the records and the subject land appropriate decision shall be taken on it’s own merits as expeditiously as possible preferably within a period of four (04) months thereafter. 5. Accordingly, the writ petition is disposed of. There is no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 09.03.2026 RMR 6 HBKM,J W.P.No.11384 of 2025 234 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 11384 of 2025 09.03.2026 W RMR