APHC010309202023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. BETWEEN: 1. P MANMADHA RAO, S/o. LATE NARAYANA SWAMY, AGED 71 YEARS, OCC. AGRICULTURE, RIO. D.NO.1 MAHANTI STREET, KANAPAKA, VIZIANAGARAM CITY, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 1. THE STATE OF ANDHRA SECRETARY TO GOVERNMENT, REVENUE DEPARIMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, APITC TOWERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT, PARVATHIPURAM. 4. THE DISTRICT REVENUE OFFICER, PARVATHIPURAM MANYAM DISTRICT, PARVATHIPURAM. 5. THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL MAGISTRATE, PALAKONDA DIVISION, PARVATHIPURAM MANYAM DISTRICT. 6. THE TAHSILDAR, JIYYAMMAVALASA MANDAL, PARVATHIPURAM MANYAM DISTRICT. 7. SRI P VENKATA NAVEEN, S/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 16037/2023 P MANMADHA RAO, S/o. LATE NARAYANA SWAMY, AGED 71 YEARS, OCC. AGRICULTURE, RIO. D.NO.1-21, 1ST LANE, MAHANTI STREET, KANAPAKA, VIZIANAGARAM CITY, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARIMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, APITC TOWERS, MANGALAGIRI, GUNTUR DISTRICT. TRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT, PARVATHIPURAM. THE DISTRICT REVENUE OFFICER, PARVATHIPURAM MANYAM DISTRICT, PARVATHIPURAM. THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL MAGISTRATE, PALAKONDA DIVISION, PARVATHIPURAM DISTRICT. THE TAHSILDAR, JIYYAMMAVALASA MANDAL, PARVATHIPURAM MANYAM DISTRICT. SRI P VENKATA NAVEEN, S/o. LATE GANAPATHI RAO, AGED IN THE HIGH COURT OF ANDHRA PRADESH [3330] THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO P MANMADHA RAO, S/o. LATE NARAYANA SWAMY, AGED 71 21, 1ST LANE, MAHANTI STREET, KANAPAKA, VIZIANAGARAM CITY, ...PETITIONER PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARIMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, APITC TOWERS, MANGALAGIRI, TRICT COLLECTOR, PARVATHIPURAM MANYAM THE DISTRICT REVENUE OFFICER, PARVATHIPURAM THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL MAGISTRATE, PALAKONDA DIVISION, PARVATHIPURAM THE TAHSILDAR, JIYYAMMAVALASA MANDAL, . LATE GANAPATHI RAO, AGED 2 MAJOR, OCC. AGRICULTURE, R/o. KONATALA TOWERS, GAJULA REGA, VIZIANAGARAM, VIZIANAGARAM DIST., A.P. 8. SRI P RAMESH, S/o. LATE AUTCHATA RAO, AGED MAJOR, OCC. AGRICULTURE, Rio. Plot No. 503, P.F COLONY, SUJATHA NAGAR, PENDURTHI, VISAKHAPATNAM, A.P. ...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, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring that the action of the 4th respondent, vide Endorsement Rc. No. 212/2023/D1, dated 22.05.2023, confirming the orders passed by the 5th Respondent in Appeal Petition, vide Rc. No. 1595/202021, dated 01.10.2022, as illegal, improper, arbitrary, unjust, violative of Articles 14, 21 and 300-A of the Constitution of India and unconstitutional and consequently to direct the respondents 3 to 6 to mutate the lands in Sy. No.89-7, measuring Ac.0.30 cts, Sy.No.89-5 measuring Ac.0.03 cts Sy.No.12-11 measuring Ac.0.08 cts, Sy.No.12-4P measuring Ac.0.03 cts. Sy.No.12- 5 Part measuring Ac.001 cts, Sy.No.109-5 measuring Ac. 0.09 cts, Sy.No.108-1 measuring Ac.0.12 cts, Sy.No.21 Part, measuring Ac.1.00, Sy.No.29 measuring Ac.0.75 cts, Sy.No.108-2 Part, measuring Ac.0.10 cts and measuring Ac.0.12 cts in Sy. Nos.109-2P, 3P, 4P and 5P, situated at Thalldumma village, Jiyyammavalasa Mandal, Parvathipuram Manyam District in favour of the petitioner, by meets and bounds, and pass such other order or orders. Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. RAMESH BABU TALLURI The Court made the following: 3 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India for the following relief: ……to issue a Writ, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring that the action of the 4th respondent, vide Endorsement Rc.No.212/2023/D1, dated 22.05.2023, confirming the orders passed by the 5th Respondent in Appeal Petition, vide Rc.No.1595/202021, dated 01.10.2022, as illegal, improper, arbitrary, unjust, violative of Articles 14, 21 and 300-A of the Constitution of India and unconstitutional and consequently to direct the respondents 3 to 6 to mutate the lands in Sy.No.89-7, measuring Ac.0.30 cts, Sy.No.89-5 measuring Ac.0.03 cts, Sy.No.12-11 measuring Ac.0.08 cts, Sy.No.12- 4P measuring Ac.0.03 cts, Sy.No.12-5 Part measuring Ac.001 cts, Sy.No.109-5 measuring Ac.0.09 cts, Sy.No.108-1 measuring Ac.0.12 cts, Sy.No.21 Part, measuring Ac.1.00 Sy.No.29 measuring Ac.0.75 cts, Sy.No.108-2 Part, measuring Ac.0.10 cts and measuring Ac.0.12 cts inSy.Nos.109-2P, 3P, 4P and 5P, situated at Thaldumma village, Jiyyammavalasa Mandal, parvathipuram Manyam District in favour of the petitioner, by meets and bounds, and pass such other order…. 2. The Writ Petition is filed to declare the action of the 4th respondent in confirming the orders in RC.No.212/2023/D1, dated 22/05/2023 passed by the 5th respondent in Appeal petition vide 4 Rc.No.1595/202021, dated 01.10.2022, as illegal, improper, arbitrary, unjust and violative of Articles 14, 21 and 300-A of the Constitution of India. 3. On perusal of the affidavit filed in support of the Writ Petition, it appears that there is a dispute in between the petitioner and the unofficial respondents who are own brothers and the petitioner herein filed application to the Tahsildar to mutate his name in the revenue records. The Tahsildar has referred the matter to the Appellate Authority. The 4th respondent-Appellate Authority after issuance of notice to both the petitioner and the unofficial respondents, directed them to approach Civil Court for settling civil dispute between the petitioner and the unofficial respondents, vide proceedings dated 22.05.2023. The said proceedings has been assailed by the Writ Petitioner invoking revision under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act,1971 (for short hereinafter called as Act). 4. While the revision is pending before the Revisional Authority, the petitioner assailed the proceedings dated 22.05.2023 of the 5th respondent-Revenue Divisional Officer in the present Writ Petition. The petitioner herein has invoked two parallel proceedings against the same order dated 22.05.2023 of the Appellate Authority. The Petitioner herein filed revision before the Appellate Authority and also assailed the 5 same proceedings before this Court under Article 226 of the Constitution of India. 5. The petitioner cannot avail two parallel proceedings simultaneously in respect of same cause of action, invoking revision under Section 9 of the Act and Writ Petition under Article 226 of the Constitution of India on same set of facts, against the same order, having availed statutory remedy. 6. Therefore, the present Writ Petition is disposed of directing the petitioner herein to raise all the facts raised in the Writ Petition, before the Revisional Authority. The Revisional Authority is hereby directed to dispose of the revision preferably within a period of four months from the date of receipt of the order. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.03.2026 Harin 6 201 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO W.P.No. 16037 OF 2023 Date: 05-03-2026 Harin