1 APHC010590752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 35742/2022 Between: 1. THE GOD NEELAKANTESWARA SWAMY,, REP., BY ITS DONORS, GANGAVARAPU BRAHMANANDAM, GANGAVARAPU PERAIAH, R/O. NEMALIPURI VILLAGE, RAJUPALEM MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 2. GANGAVARAPU BRAHMANANDAM,, S/O.LATE VEERAIAH, AGED ABOUT 77 YEARS, OCC- EX. SURPANCH, R/O.D.NO.4-59, NEMALIPURI VILLAGE, RAJUPALEM MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 3. GANGAVARAPU PERAIAH,, S/O. LATE VEERAIAH, AGED ABOUT 60 YEARS, OCC- AGRICULTURIST, R/O.D.NO.3-37, NEMALIPURI VILLAGE, RAJUPALEM MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. AND ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, NARASARAOPET, ERSTWHILE GUNTUR DISTRICT. 2 3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 4. THE TAHSILDAR, RAJUPALEM MANDAL, RAJUPALEM, PALANADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 5. THE MANDAL REVENUE INSPECTOR, O/O. TAHSILDAR OFFICE, RAJUPALEM MANDAL, RAJUPALEM, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 6. THE VILLAGE REVENUE OFFICER, NEMALIPURI VILLAGE, RAJUPALEM MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 7. SMT GUTTA ANNAPURNA, W/O. LATE MALLAIAH, AGED ABOUT 53 YEARS, OCC- HOUSE-WIFE, RIO.D.NO.2-92, NEMALIPURI VILLAGE, RAJUPALEM MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 8. GUTTA SHANMUKHA RAO, S/O. LATE MALLAIAH, AGED ABOUT 34 YEARS, OCC- AGRICULTURIST, R/O.D.NO.2-91, NEMALIPURI VILLAGE, RAJUPALEM MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 9. SMT MUNDLAMURI ANJALI DEVI, D/O. LATE MALLAIAH, W/O.VENKATESWARLU, AGED ABOUT 32 YEARS, OCC- HOUSE- WIFE, R/O.D.NO.2-26, KAMMA BAZAAR, LOYAPALLI VILLAGE, VELDURTHI MANDAL, GUNTUR DISTRICT. 10. GUTTA ROJA RAO, S/O.LATE MALLAIAH, AGED ABOUT 27 YEARS, OCC- AGRICULTURIST, R/O.D.NO.2-93, NEMALIPURI VILLAGE, RAJUPALEM MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR 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 a writ of mandamus declaring the action of the 4th to 6th respondents in altering the revenue records such as Adangal Pahani, 1-B 3 record in respect of the land to an extent Ac.0-51 cents in survey No.240 of Nemalipuri village, Rajupalem Mandal, Palnadu district, erstwhile Guntur District, by deleting names of the 2nd and 3rd petitioners, without any notice, basis and without following the due process of law as contemplated under Sub. Sec.(3) of Sec.5 of the A.P. Rights in Land and Pattadar Pass Books Act 1971 and the Rules made there under is highly illegal, colourable exercise of power, violative of Principles of natural justice and violative of Art.19 and 300- A of the Constitution of India and consequently direct the 2nd and 3rd respondents to restore the Petitioners name as owners in respect of the said land in Revenue Records and initiate appropriate disciplinary action against the 4th to 6th respondents for their indulgence in unlawful and illegal acts, and pass IA NO: 1 OF 2022 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 2nd and 3rd respondents to restore the petitioners name as owners / possessors in revenue records forthwith in respect of the land to an extent Ac.0-51 cents in survey No. 240 of Nemalipuri village, Rajupalem Mandal, Palnadu District, erstwhile Guntur District, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. G KONDALA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 35742/2022 ORDER:- Heard Sri K. Leela Ganesh Raghavendra, representing Sri G. Kondala Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 2. Challenging the action of respondents in altering the revenue records in respect of the agricultural land to an extent of Ac.0-51 cents in Survey No.240 of Nemalipuri village, Rajupalem Mandal, Palnadu District, erstwhile Guntur District, by deleting names of the petitioners, without notice, the instant Writ Petition has been filed. 3. It is contended that the subject property, to an extent of Ac.0-51 cents, is a family property, the same was divided into six equal shares in partition amongst six families. Pursuant to such partition, the names of the 2nd and 3rd petitioners were mutated in the revenue records and pattadar passbooks were issued in their favour. Subsequently, the said entries were altered without issuing any notice or conducting any enquiry. It is further stated that the names of the unofficial respondents were mutated on the basis of a gift deed dated 06.06.2012 executed by one Gutta Adi Narayana in favour of Gutta Mallaiah, without conducting due enquiry or providing an opportunity of hearing to the petitioners. Hence, the present Writ Petition. 5 5. The respondents filed counter affidavit stating that in respect of the subject land in an extent of Ac.0-50 cents in Sy. No.240 of Nemalipuri Village a registered gift deed was executed by Gutta Adi Narayana, in favour of his son, Gutta Mallaiah on 07.06.2012. It is contended that the petitioners have no right over the subject land to seek mutation. It is further stated that, in the Webland Adangal of Nemalipuri Village, Survey No.240, to an extent of Ac.1.45 cents, the column relating to the “Name of the Pattadar” reflects the entry as “Migulubhumi” in the revenue records. 7. Having regard to the contentions advanced, since the grievance of the petitioners is that their names, which were in existence in revenue records, were removed without issuing notice or without affording an opportunity of hearing to the petitioners, this Court is of the view that the petitioners are entitled to an opportunity of hearing before any order is passed effecting their rights. 8. In the light of the same, this Court deems it appropriate to dispose of the Writ Petition, by directing the Tahsildar to conduct an enquiry into the matter, after affording sufficient opportunity to the petitioners, and the unofficial respondents, and other affected parties, if any, and thereafter pass appropriate orders for mutation of the names of the persons entitled to be recorded in the revenue records. Pending such enquiry, the Tahsildar shall not 6 issue pattadar passbooks or effect any further mutation in favour of any person. 9. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:25.02.2026 MVK 7 123 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.35742 of 2022 Date25.02.2026 MVK .