APHC010397712023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20444/2023 Between: 1. MYLARI RAJASEKHAR, S/O. SEENAIAH, AGED ABOUT 49 YEARS, AGED ABOUT 49 YEARS, OCC. AGRICULTURIST, R/O. D.NO. 6-11- 169, L.A. SAGARAM, NAIDUPET TOWN AND MANDAL, TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ( REVENUE DEPARTMENT ), SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 3. THE REVENUE DIVISIONAL OFFICER, , SULLURPET SUB DIVISION, SULLURPET, TIRUPATI DISTRICT. 4. THE TAHSILDAR, NAIDUPET MANDAL, NAIDUPET, TIRUPATI DISTRICT. 5. THE VILLAGE REVENUE OFFICER, L.A, SAGARAM, NAIDUPET MANDAL, TIRUPATI DISTRICT. 6. SMT TIRUMURU VASUNDARA, W/O. SRINIVASULU REDDY, AGED ABOUT 60 YEARS, R/O. NO.9, DEVARAJ AVENUE, LAL BAHUDUR SASTRI STREET, SOLING NALLURU, CHENNAI-600119, TAMILNADU. 7. TIRUMURU SRINIVASULU REDDY, S/O. CHANDRASEKHAR REDDY, p. 2 AGED ABOUT 64 YEARS, R/O. NO.9, DEVARAJ AVENUE, LAL BAHUDUR SASTRI STREET, SOLING NALLURU, CHENNAI-600119, TAMILNADU. 8. SMT MYLARI LAKSHMI PRASANNA, W/O. LATE SRINIVASULU, AGED ABOUT 45 YEARS, R/O. AGRAHARAPET, NAIDUPET TOWN AND MANDAL, TIRUPATI 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 the nature of Writ of Mandamus, declaring the Order, dated 05.07.2023 in D.Dis.(B) No. 287 / 2023 of the Respondent No. 4, in respect of changing the Sub-Division entries in web Adangal by deleting the name of the petitioner in respect of the land in Survey No. 61-3A2 to an extent of Ac 0-46 1/2 cents, situated at L.A. Sagaram Village, Naidupet Mandal, Tirupati District, without giving any oppurtunity of hearing to the petitioner as, illegal, arbitrary, violation of Principles of Natural Justice, violation of the settled principles of law, violation of Articles 14, 21 and 300-A of the Constitution of India, and consequently setaside the same by directing the Respondents No. 2, to restore the name of the petitioner along with Sub-Division entries in web Adangal in respect of the land in Survey No. 61-3A2 to an extent of Ac 0-46 1/2 cents, situated at L.A. Sagaram Village, Naidupet Mandal, Tirupati District and 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 suspend the Order, dated 05.07.2023 in D.Dis.(B) No. 287 / 2023 of the Respondent No. 4, in respect of the land in Survey No. 61-3A2 ( now changed the entries as Sy No. 61-3B1), to an extent of Ac 0-46 1/2 cents, situated at L.A. Sagaram Village, Naidupet Mandal, Tirupati District and restore the name of the petitioner in respect of the petitioner land and pass IA NO: 1 OF 2024 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 vacate the interim order dated 10.08.2023 in W.P.No.20444 of 2023 and also dismiss the writ petition and pass p. 3 Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V V LAKSHMI NARAYANA The Court made the following: p. 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20444 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the Order, dated 05.07.2023 in D.Dis.(B) No. 287 / 2023 of the Respondent No. 4, in respect of changing the Sub-Division entries in web Adangal by deleting the name of the petitioner in respect of the land in Survey No. 61-3A2 to an extent of Ac 0-46 1/2 cents, situated at L.A. Sagaram Village, Naidupet Mandal, Tirupati District, without giving any oppurtunity of hearing to the petitioner as, illegal, arbitrary, violation of Principles of Natural Justice, violation of the settled principles of law, violation of Articles 14, 21 and 300-A of the Constitution of India, and consequently setaside the same by directing the Respondents No. 2, to restore the name of the petitioner along with Sub-Division entries in web Adangal in respect of the land in Survey No. 61-3A2 to an extent of Ac 0-46 1/2 cents, situated at L.A. Sagaram Village, Naidupet Mandal, Tirupati District and pass…= 2. The present writ petition is filed to declare the order vide D.Dis.(B).No.287/2023 dated 05.07.2023, in changing the Sub-Division entries in web Adangal by deleting the name of the petitioner in respect of land to an extent of Ac.0.46 ½ cents situated at L.A. Sagaram Village, Naidupet Mandal, Tirupati District, without giving any opportunity of hearing to the petitioner, amounts to illegal, arbitrary and in violation of Principles of Natural Justice and consequently prayed to restore the name of the petitioner along with Sub- Division entries in web adangal in respect land in aforesaid survey number. 3. Respondent No.4 filed counter-affidavit and at para No.4, it was stated that the petitioner is claiming interest over the land on the strength of wrong p. 5 entries in the revenue records. Due to confusion and wrong conception, as the surname and names of the father and forefathers are similar, the name of the petitioner find place in the records. In fact, he does not inherited the property by way of means, and he is not in possession and enjoyment of the land at any time. 4. Sri Pasumarthi Kranthi Kumar, learned counsel appearing for unofficial respondents orally adopted the counter-affidavit filed by the official respondent No.4. 5. Counter-affidavit filed by the respondent No.4 indicates that the name of petitioner was incorporated in the revenue records; therefore, he is entitled for a notice under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (hereinafter referred to as 8the Act9). 6. In Chinnam Pandurangam v. Mandal Revenue Officer1, the learned Single Judge of erstwhile High Court of Andhra Pradesh has categorically held that before mutating the name of the death person, the affected persons are entitled for a notice under Section 9 of the Act. In the present case, no notice was issued. 7. In view of the judgment of the Erstwhile High Court of Andhra Pradesh, the present Writ Petition is disposed of, directing the respondents to restore the name of the petitioner by issuing notice to the affected parties, conduct an inquiry and take action in accordance with law. There shall be no order as to costs. 1 AIR 2008 AP 15 p. 6 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 06.01.2026 TVN p. 7 150 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.20444 OF 2023 Date: 06.01.2026 TVN