APHC010505222023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26014/2023 Between: 1. V ARUNA, , W/O.SUBRAHMANYAM, AGED ABOUT 48 YEARS, OCC CULTIVATION, R/O.EDIGAPALLI VILLAGE, NANDANOOR POST, GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY REVENUE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, RDO), GANGADHARA NELLORE, CHITTOOR DISTRICT. 4. THE TAHSILDAR, GANGADHARA NELLORE MANDAL, GANGADHARA NELLORE, CHITTOOR DISTRICT. 5. A SUMATHI, , W/O. PARAMDHAMAIAH, AGED ABOUT 45 YEARS, OCC HOUSE WIFE, R/O. JAYA CHANDRA COLONY, OPP SUGAR FACTORY KALYANAMANDAPAM, CHITTOOR TOWN, CHITTOOR 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 2 direction, declaring the action of the 3rd respondent in passing the order in D.Dis.N/2140/2023, dated 29.09.2023 by treating the representation of the 5th respondent as Assignment Appeal directing the 4th respondent to delete the name of the petitioner in the entries in an extent of Ac.0.46 cents in Sy.No.586/9 of Nandanoor Revenue Village, G.D.Nellore Mandal, Chittoor District and send a proposal for cancellation of DKT Patta bearing No.2/4/1419, dated 12.04.2010 issued in favour of the petitioner as illegal, arbitrary and violation of Sec.5 (5) of the AP Rights in Land and Pattadar Pass Books Act, 1971 and Rule 21(1 and 2) of the AP Rights in Land and Pattadar Pass Books Rules, 1989 and also violation of Articles 14, 21 and 300-A of the Constitution of India and set aside the same 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 grant interim suspension of the order in D.Dis.N/2140/2023, dated 29.09.2023 by treating the representation of the 5th respondent as Assignment Appeal directing the 4th respondent to delete the name of the petitioner in the entries in an extent of Ac.0.46 cents in Sy.No.586/9 of Nandanoor Revenue Village, G.D.Nellore Mandal, Chittoor District and send a proposal for cancellation of DKT Patta bearing No.2/4/1419, dated 12.04.2010 of the petitioner, pending disposal of the above writ petition 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 grant leave to the petitioner 5th respondent in WP No. 26014 of 2023 to file counter affidavit including Vacate Stay Petition in the above writ petition and pass IA NO: 2 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 05-10-2023 in IA No. 1 of 2023 in WP No. 26014 of 2023 on the file of this Hon'ble court and pass 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 3 May be pleased to vacate the Interim order dated 05/10/2023 in IA No. 1 of 2023 in W.P.No. 26014 of 2023 and dismiss the Writ Petition and pass WRIT PETITION NO: 24664/2023 Between: 1. V ARUNA, W/O.SUBRAHMANYAM, AGED ABOUT 48 YEARS, OCC. CULTIVATION, R/O.EDIGAPALLI VILLAGE, NANDANOOR POST, GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER RDO, GANGADHARA NELLORE, CHITTOOR DISTRICT. 4. THE TAHSILDAR, GANGADHARA NELLORE MANDAL, GANGADHARA NELLORE, CHITTOOR DISTRICT. 5. A PARAMDHAMAIAH, S/O.LATE KRISHNAIAH, AGED ABOUT 50 YEARS, OCC. POLICE CONSTABLE, R/O. JAYA CHANDRA COLONY, OPP. SUGAR FACTORY KALYANAMANDAPAM, CHITTOOR TOWN, CHITTOOR 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 respondents in threatening to disposes me from the land in an extent of Ac.0.46 cents in Sy.No.586/9 of Nandanoor Village, Gangadara Nellore, Chittoor District without issuing notice or by following due procedure as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and further direct the respondents 3and4 are not to disposes the petitioner from the land in an extent of Ac.0.46 cents in Sy.No.586/9 of Nandanoor Village, Gangadara Nellore, Chittoor District and pass IA NO: 1 OF 2023 4 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 grant interim direction directing the respondents 3and4 are not to interfere with the peaceful possession and enjoyment of the petitioner in an extent of Ac.0.46 cents in Sy.No.586/9 of Nandanoor Village, Gangadara Nellore, Chittoor District, pending disposal of the above writ petition and pass such other order or orders as this 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 grant leave to the petitioner 5th respondent in WP No. 24664 of 2023 to file counter affidavit including Vacate stay petition in the above Writ petition and pass IA NO: 2 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 to vacate the interim order dated 21-09-2023 in IA No. 1 of 2023 in WP no. 24664 of 2023 on the file of this Hon'ble Court and pass 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 vacate the interim order dated 21.09.2023 in WP.No.24664 of 2023 and dismiss the Writ Petition and pass Counsel for the Petitioner: 1. B V ANJANEYULU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. S VARADARAJULU CHETTY The Court made the following: 5 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.26014 and 24664 OF 2023 COMMON ORDER: Since the issue involved in these writ petitions is identical, this Court dispose of these cases by way of this common order. 2. The unofficial respondent as well as the villagers of Cherlopalli H/o.Nandanur Village, Gangadhara Nellore Mandal, Chittoor District, submitted a representation dated 09.09.2023 before the Revenue Divisional Officer, Chittoor, stating that they have been worshipping Lord Muneshwaru Swamy under a banyan tree situated in Sy.No.586-9 of Idigapalli village, since the time of their ancestors. Now, Smt.V.Aruna W/o.V.Subhramanyam, who is the petitioner herein, and her family members are trying to encroach upon the said land. 3. Basing on the said representation, the 3rd respondent, vide proceedings dated 29.09.2023, directed the 4th respondent to delete the entries in the revenue record pertaining to land in Sy.No.586/9 to an extent of Ac.0.46 cents and also directed to cancel the DKT patta bearing No.2/4/1419, dated 12.04.2010, issued in favour of petitioner under mistake of fact. 4. The said proceedings of the 3rd respondent have been assailed in these writ petitions on the ground that right of appeal must find its source in legislative authority. The right of appeal accrues to the litigant when it is expressly provided for in the statute and axiomatic that the right of appeal is a 6 substantive right and must be conferred by statute. Hence, prayed to set aside the impugned proceedings and the matter be remanded to the Revenue Divisional Officer to decide, whether the Revenue Divisional Officer is having the jurisdiction to entertain the representation submitted by the unofficial respondent and the villagers. 5. Heard Sri B.V.Anjaneyulu, learned counsel for petitioner, learned Government Pleader for Revenue for respondent Nos.1 to 4 and Sri S.Varadarajulu Chetty, learned counsel for respondent No.5. 6. Learned counsel for unofficial respondent would submit that the after examining the arguments of both parties and on verification of records, the Revenue Divisional Officer, Chittoor, has issued orders to delete the entries made in favour of the petitioner in Webland and also directed to submit necessary proposals to the Joint Collector, Chittoor, for cancellation of assignment under mistake of facts under the provisions of the Board Standing Orders 15(18). 7. On analyzing the facts and the circumstances, after giving my thoughtful consideration, this Court gives the exposition in the following: In Ratnamma W/o B.K. Jayaramireddy Vs. The Revenue Divisional Officer Dharmavaram1, a Division Bench of the Common High Court inter alia held that no representation can be treated as an appeal and it is axiomatic that the right of appeal is a substantive right and must be conferred by a statute and the appeal is provided under Section 5(5) of the A.P.Rights in Land and Pasttadar Pass Books 1 (2015) 6 ALD 609 (DB) 7 Act, 1971 (for short hereafter called as 'the Act') for against the original proceedings or substantive determination under Sections 4, 5 and 5-A of the Act. 8. Admittedly, in the present case, pattadar passbooks and title deeds were issued in favour of respondent Nos.6 to 9, who are the rightful owners, to prefer an appeal, there should be a source in pursuance of the above judgment. In the present case, there are no impugned proceedings to prefer an appeal under Section 5(5) of the Act. Therefore, the said judgment is aptly applicable to the present case. 9. In the present case, a representation was filed to conduct discreet enquiry and without any order from the primary authority or without any source. Hence, the writ petitioners cannot maintain any appeal before the appellate authority under Section 5(5) of the Act. As the order of the Appellate Authority is nullity due to lack of jurisdiction to entertain the appeal, the consequential order of revision under Section 9 of the Act is deemed to be nullity, as no revision is maintainable against an order of nullity. 10. Therefore, these Writ Petitions are disposed of by setting aside the impugned proceedings, and the matter is remanded back to the 3rd respondent to pass appropriate orders in accordance with law, keeping in view of the observations made by this Court in the judgment referred to supra. Both parties are directed to maintain status quo as on today till passing of orders by the Revenue Divisional Officer. There shall be no order as to costs. 8 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.03.2026 KBN 9 64 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.26014 and 24664 of 2023 Date: 24.03.2026 KBN