APHC010570112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30093/2023 Between: 1. N. ANANDAIAH, S/O. LATE G NAGAIAH, HINDU, AGED 61 YEARS, WORKING AS SI OF POLICE, APSPF, R/O. 5- 320/B, FLAT NO. 202, SRIPADA GAYATRI NAGAR MANSION APARTMENTS, TIRUPATI NOW R/O. KOTHA AMBEDKAR STATUE STREET, VELAGAPUDI, THULLUR, AMARAVATI 522 239 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BLDGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, , CHITTOOR DISTRICT CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT 4. THE THASILDAR, THAVANAMPALLI MANDAL, CHITTOOR DISTRICT 2 5. SMT VASANTHAMMA, W/O. LATE THANGARAJ, HINDU, R/O. PATNAM VILLAGE H/W OF THAVANAMPALLI MANDAL 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 topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the order passed in D Dis N/254/2023 dated 16/6/2023 passed by the 3rd respondent is illegal, arbitrary and violative of principles of natural justice and consequently set aside the same in the interest of justice 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 suspend the order passed in D Dis N/254/2023 dated 16/6/2023 passed by the 3rd respondent pending disposal of the above writ petition in the interest of justice and to 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 pleased to grant leave to the petitioner herein to file Counter Affidavit in WP.No.30093 of 2023, 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 vacate the Interim order dated 24/11/2023 passed in W.P.No. 30093 of 2023 and dismiss the Writ Petition and pass 3 Counsel for the Petitioner: 1. SUMANTH AMIRAPU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. K V L NARASIMHA RAO The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30093/2023 ORDER: This 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 order passed in D.Dis.N/254/2023 dated 16/6/2023 passed by the 3rd respondent is illegal, arbitrary and violative of principles of natural justice and consequently set aside the same in the interest of justice and to pass….” 2. The facts stated in the affidavit are that the unofficial 5th respondent filed appeal before the 3rd respondent-Revenue Divisional Officer to cancel the pattadar pass book issued in favour of the petitioner. The 3rd respondent (RDO), vide order dated 16.06.2023, in proceedings D.Dis.N/254/2023, has directed the 4th respondent-Tahsildar to delete the entries made in webland for the land to an extent of Ac.0.9150 cents in Sy.No.772/16a of Patnam Revenue Village, Thavanampalli Mandal, and to take suitable action as per the enjoyment and possession of the subject land as per Assignment Rules. 3. The said order has been challenged in the present writ petition by the petitioner on the ground that the 3rd respondent 5 (RDO) has disposed of the appeal without issuing any notice and no opportunity of hearing is provided, which is in clear violation of principles of natural justice, hence, prayed to set aside the impugned order dated 16.06.2023 and to direct the appellate authority to dispose the appeal after giving an opportunity of hearing. 4. Learned counsel appearing for the unofficial 5th respondent would submit that despite several opportunities being provided to the writ petitioner, the petitioner neither appeared before the authority nor raised any objection, and drawn the attention of the Court to the notice dated 21.02.2023, which was issued to the petitioner, and stated that the petitioner has not filed any appearance. Hence, prayed to dismiss the writ petition. 5. On perusal of the notice dated 21.02.2023, it does not indicate that the said notice was served on the writ petitioner, as there is no such acknowledgement endorsed by the writ petitioner. Therefore, it indicates that the impugned order has passed without issuing any notice. 6. Principles of natural justice are those which have been laid by the Courts are being minimum protection of the rights of the 6 individual against the arbitrary procedure that may be adopted by the authority, which making an order affecting those rights. These rules are intended to prevent such authority from doing injustice. Natural justice is deeply rooted in tradition and conscience to be ranked as fundamental. The purpose of following the principle of natural justice is the prevention of miscarriage of justice. It also violates the principle of fair play and natural justice as well, the opportunity of hearing is not shunned under any of the laws. 7. In view of the same, without going into the merits and demerits of the case, the Writ Petition is disposed of, setting aside the impugned order dated 16.06.2023 in proceedings D.Dis.N/254/2023, issued by the 3rd respondent (RDO), and the matter is remanded back to the 3rd respondent (RDO) to conduct a denova enquiry, after giving an opportunity of hearing to both the petitioner as well as the unofficial 5th respondent and pass an appropriate order in accordance with law. (b) This order itself indicates that a notice to the writ petitioner and both the parties shall appear before the 3rd respondent (RDO) and make their submissions. 7 (c) The RDO is directed to make an endeavour for disposal of the matter, preferably within a period of two (02) months from the date of receipt of a copy of this order. (d) There shall be no order as to costs. As a sequel thereto, miscellaneous applications pending consideration, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 11.03.2026 ANS 8 121 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30093/2023 Date: 11.03.2026 ANS