APHC010252532023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13515/2023 Between: 1. GOLLA NAGARAJU, S/O LATE THIPPANNA, AGED 53 YEARS, OCC. AGRICULTURE, R/O NAGULURU VILLAGE, PENUKONDA MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ASSIGNMENT) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI, SRI SATYA SAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATYA SAI DISTRICT. 4. THE TAHSILDAR, CHILAMATTHUR MANDAL, SRI SATYA SAI 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 to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the respondent No.4 in rejecting the request of the petitioner for issuance or 1B Adangal, Pattadar Pass Books and Title Deeds in the place of his wife G. Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 Cts., situated at Koduru Village, Chilamatthur Mandal, Sri Sathya Sai District is illegal and arbitrary and consequently direct the 2 respondents 2 to 4 to issue 1B Adangal, Pattadar Pass Books and Title Deeds in favour of the petitioner in the place of his wife G. Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 Cts., situated at Koduru Village, Chilamatthur Mandal, Sri Sathya Sai District forthwith and to pass IA NO: 1 OF 2023 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 pleasedtodirect the respondents 2 to 4 to issue 1B Adangal, Pattadar Pass Books and Title Deeds in favour of the petitioner in the place of his wife G. Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 Cts., situated at Koduru Village, Chilamatthur Mandal, Sri Sathya Sai District forthwith, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13515 of 2023 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “… to issue an order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in rejecting the request of the petitioner for issuance of 1B Adangal, Pattadar Pass Books and Title Deeds in the place of his wife G.Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 cents situated at Koduru village, Chilamatthur Mandal, Sri Sathya Sai District as illegal and arbitrary, subsequently direct the respondents 2 to 4 to issue 1B Adangal, Pattadar Pass Books and Title Deeds in favour of petitioner in the place of his wife..…” 2. The facts that narrated in the affidavit filed in support of the Writ Petition are that an extent of Ac.1.04 cents of land in Sy.No.777-5 situated at Koduru village, Chilamatthur Mandal, Sri Sathya Sai District, vide DKT patta, was granted in favour of petitioner’s wife. On the death of patta holder, the petitioner herein filed an application dated 02.08.2022 requesting the respondent authorities to mutate his name in the revenue records and to issue 1B Adangal, Pattadar Pass Books and Title Deeds in his favour in the place of his wife G.Vinodamma in respect of land in Sy.No.777-5. Hence, the present Writ Petition is filed to direct the 4th respondent to conduct an enquiry as the order impugned is not on merits and sought a direction to the 4th 4 respondent/Tahsildar to examine the application dated 02.08.2022 submitted by the petitioner and pass appropriate orders in accordance with law. 3. The learned counsel for the petitioner also filed Endorsement dated 07.12.2024 of the Information issued under the Right to Information Act. The said endorsement indicates that in Sy.No.777-5 an extent of Ac.1.04 cents, DKT patta was granted in favour of wife of the petitioner herein. 4. The learned Assistant Government Pleader across the Bench furnished the instructions addressed by the Tahsildar, Chilamathur Mandal, Sri Sathya Sai District, dated 17.02.2026. The said proceedings indicates that the petitioner’s wife Smt G.Vinodamma, W/o.Nagaraju has been issued DKT patta to the land in Sy.No.777-5 for an extent of Ac.1.04 cents vide DARDis No.52/1402 and as per the old adangal the said land is recorded in the name of Golla Vinodamma, W/o.Nagaraju, but as per grant register the Survey number was noted as 777-5 extent Ac.1.04 cents, but as per the available records the extent of the land in Sy.No.777-5 is only Ac.0.10 cents. Hence, the petitioner’s name has not been mutated in adangal in respect of the land in Sy.No.777-5 to an extent of Ac.1.04 cents of Kodur village of Chilamathur Mandal. 5 5. The 4th respondent filed counter affidavit admitting that the petitioner herein filed an application for Pattadar Pass Books vide application bearing No.MUT220802051576 through Meeseva for the subject land. As per the application, they conducted an enquiry and an endorsement has been issued vide endorsement No.06/2022/B, dated 18.08.2022 through registered post vide reference No.RN678893951IN and the same was refused by the petitioner herein. 6. The petitioner herein filed an application to issue 1B Adangal, Pattadar Pass Books and Title Deeds for the land in Sy.No.777-5 admeasuring to an extent of Ac.1.04 cents. Admittedly, the petitioner herein made an application to the respondent authorities through Meeseva, pursuant to the application, the Tahsildar issued notice under Form-VIII of Andhra Pradesh Rights in Land and Pattadar Pass Books Act to appear before the 4th respondent/ Tahsildar for an enquiry. The petitioner has not appeared before the Tahsildar for enquiry. Subsequently, the Tahsildar conducted an enquiry and passed an order rejecting the claim of the petitioner herein and the rejection order was posted to the petitioner through Indian Post vide reference No.RN678893951IN, but the petitioner refused to receive the said order and the said endorsement has been filed before this Court. 6 Learned Assistant Government Pleader for Revenue would submit that the petitioner himself failed to attend for an enquiry and argued that it is settled principle of law, that if a proper opportunity of hearing is given or provided and has not availed by the petitioner, in that event the petitioner is not entitled to take advantage of the plea related to non-observance of principle of natural justice, hence prayed to dismiss the Writ Petition. 7. It is established that from the material available on record that the 4th respondent/Tahsildar directed the petitioner to attend for an enquiry, petitioner having received the Form-VIII notice under the act has not attended for the enquiry, an enquiry was conducted and an order has been posted to the petitioner rejecting the claim. 8. The scope of the judicial review is very limited; this Court can sit as an appellate authority over the decision of the executive authority. 9. This Court can interfere under Article 226 of Constitution of India with respect to decision making process and not against the decision itself unless it is shown that decision is without any evidence, or suffer from malice, or malafide, or without jurisdiction. 10. The petitioner has not rebutted that the contentions raised by the learned Assistant Government Pleader for the 4th respondent that issuance of Form-VIII notice and posting of the impugned order, hence 7 the Writ Petitioner cannot plead any violation of principles of natural justice. Hence, the Writ Petition is dismissed. 11. However, the petitioner is at liberty to make an application to the 4th respondent for delivery of the rejection/impugned order, on filing of such application, the 4th respondent is directed to provide the order copy to the petitioner herein, so that the petitioner may avail the other remedies, if any, according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 24.02.2026 SJ 8 199 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13515 of 2023 Date : 24.02.2026 SJ