APHC010396812023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20522/2023 Between: 1. BANDI MADAN KUMAR REDDY, S/O. SUBBA REDDY, AGED 45 YEARS, R/O. PARLAPALLLI VILLAGE, VIDAVAALURU MANDAL, SPSR NELLORE DISTRICT. 2. BANDI SAILAJA,, W/O. SUBBA REDDY, AGED 63 YEARS, R/ O. PARLAPALLLI VILLAGE, VIDAVAALURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. JOINT COLLECTOR, SRI POTTI SRIRAMULU NELLORE DISTRICT, NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. 4. THE TAHSILDAR, VIDAVALUR, SRI POTTI SRIRAMULU NELLORE 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 topleased to issue a writ, order or direction more particularly one in 2 the nature of writ of Mandamus declaring the inaction on the part of the 4th respondent in conducting de-novo enquiry pursuant to the orders passed by the 3rd respondent vide Rc.D.No.2328/2017, dated 16-03-2017 even after lapse of more than considerable period of time as illegal, arbitrary and unconstitutional., and consequently direct the 4th respondent to act upon the orders passed by the 3rd respondent on 16-03-2017 and complete the de- novo enquiry 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 pleased to direct the 4th respondent to act upon the orders passed by the 3rd respondent in Rc.D.No.2328/2017, dated 16-03-2017 and complete the de- novo enquiry within time frame that may be fixed by this Hon'ble Court 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 May be 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. G VENKATA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction on the part of the 4th respondent in conducting de-novo enquiry pursuant to the orders passed by the 3rd respondent vide Rc.D.No.2328/2017, dated 16-03-2017 even after lapse of more than considerable period of time as illegal, arbitrary and unconstitutional and consequently direct the 4th respondent to act upon the orders passed by the 3rd respondent on 16-03- 2017 and complete the de-novo enquiry and to pass…” 2. The writ petitioners herein filed an Appeal before the Revenue Divisional Officer under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The said Appeal was allowed by the 3rd respondent, by an order, dated 16.03.2017 and the said order of the 3rd respondent is hereby extracted: “Perused the record and heard arguments. As seen from the records, the simple sale deed was validated but as seen from the agreement of sale, it is observed that the schedule of the land is in S.No.518-A Ac.12.09 Cents and S.No.518-B Ac 1.00 Cents. As seen from the Xerox copies issued in favour of the respondent, it was tampered as Ac 1.00 cents against S.No.518-A, Ac 12.09 Cents against S.No. 518-B. It is clearly shows that validation was not done as per the document. As seen from the status of the W.P.No.9863/2011 the Hon’ble High Court of Andhra Pradesh while disposal of W.P.No.9863/2011, dt: 22.02.2016 directed the respondent No.3 to issue notice to the alleged parties before any further action till then the interim orders dated: 13.04.2011 granted in favour of the petitioner shall continued to operate and hence the case is remanded back to the Tahsildar, Vidavalur for de nova enquiry accordingly the case is disposed. The Tahsildar, Vidavalur is here by directed to take immediate appropriate action in accordance with law.” 4 3. The grievance of the petitioners is that the 3rd respondent - Revenue Divisional Officer, has remanded the matter to the 4th respondent - Tahsildar to conduct a de nova enquiry vide proceedings, dated 16.03.2017. Despite the directions issued by the 3rd respondent, the 4th respondent has not conducted any enquiry. Hence, the present Writ Petition is filed to direct the Tahsildar for conducting a de nova enquiry as directed by the 3rd respondent – Revenue Divisional Officer to the 4th respondent – Tahsildar. 4. The 4th respondent – Tahsildar has filed a counter-affidavit and stated that the 4th respondent herein, issued a notice to the concerned vide Rc.B. 320/2023, dated 16.06.2023, informing him to attend for the enquiry. Further, he stated that he was not able to dispose of the Appeal, as directed by the R.D.O., as there is a serious civil dispute involved in the subject land of the petitioners and the suits are pending before the Hon’ble Courts and further action is being initiated only after conducting a detailed enquiry by issuing notices to the concerned and after verification of the documents filed by them. 5. The learned counsel appearing for the petitioners would submit that there are no suits pending as on today. 6. The counter-affidavit also states that the Tahsildar has not conducted any enquiry after issuing a notice to the concerned. 7. Therefore, this Writ Petition is disposed of, directing the 4th respondent – Tahsildar to conduct an enquiry as directed by the 3rd respondent – R.D.O., by order, dated 16.03.2017, as early as possible 5 preferably within a period of three (03) months from the date of receipt of this order. 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: 23.03.2026 KPV 6 112 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20522 of 2023 Date: 23.03.2026 KPV