APHC010625672023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION BETWEEN: 1. RACHAMALLA DIVAKAR REDDY, S/o. LATE KONA REDDY, AGED 66 YEARS, HINDU, RESIDING AT D.No.6 LAKSHMI NAGAR EXTENSION, ANANTAPURAM, ANANTAPURAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTHAPUR, ANANTHAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTHAPUR, ANANTHAPUR DISTRICT. 4. THE TAHSILDAR, ANANTHAPU 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 an appropriate writ or any other order or direction particularly one in the nature of writ of Mandamus declare in the action of the 4th IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 32182/2023 RACHAMALLA DIVAKAR REDDY, S/o. LATE KONA REDDY, AGED 66 YEARS, HINDU, RESIDING AT D.No.6 LAKSHMI NAGAR EXTENSION, ANANTAPURAM, ANANTAPURAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ANANTHAPUR, ANANTHAPUR THE REVENUE DIVISIONAL OFFICER, ANANTHAPUR, ANANTHAPUR DISTRICT. THE TAHSILDAR, ANANTHAPUR, ANANTHAPUR 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 an appropriate writ or any other order or direction particularly one in the nature of writ of Mandamus declare in respondent resumption of the land orders vide IN THE HIGH COURT OF ANDHRA PRADESH [3330] THURSDAY, THE TWENTY SECOND DAY OF JANUARY THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO RACHAMALLA DIVAKAR REDDY, S/o. LATE KONA REDDY, AGED 66 YEARS, HINDU, RESIDING AT D.No.6-1-127-10, LAKSHMI NAGAR EXTENSION, ANANTAPURAM, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, ANANTHAPUR, ANANTHAPUR THE REVENUE DIVISIONAL OFFICER, ANANTHAPUR, R, ANANTHAPUR 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 an appropriate writ or any other order or direction particularly one in the nature of writ of Mandamus declare in respondent resumption of the land orders vide 2 proceedings R.Dis. No. B/636/2023 dated 30.05.2023 without issuing any notice, personal hearing, opportunity and enquiry as illegal, arbitrary against the board standing orders, against the provisions of the G.O.M.S. No. 1117/1993 and violation of the article 14 and 300-A of constitution of India and consequently set aside the orders in R.Dis. No. B/636/2023 dated 30.05.2023 passed by the 4th respondent and pass such other order or orders. Counsel for the Petitioner: 1. SRIDHAR TUMMALAPUDI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: “to issue an appropriate writ or any other order or direction particularly one in the nature of writ of Mandamus declare in the action of the 4th respondent resumption of the land orders vide proceedings R.Dis.No.B/636/2023 dated 30.05.2023 without issuing any notice, personal hearing, opportunity and enquiry as illegal, arbitrary against the board standing orders, against the provisions of the G.O.Ms.No.1117/1993 and violation of the article 14 & 300- A of constitution of India and consequently set aside the orders in R.Dis.No.B/636/2023 dated 30.05.2023 passed by the 4th respondent and pass such other order or orders….. 2. The 4th respondent-Tahsildar has served impugned proceedings dated 30.05.2023 on the petitioner stating that the land in survey No.183 extent of 10.90 acres of Itukalapalli village of Anantapuramu Mandal, is classified as G.D. (Dotted) land, later it has been subdivided and Sy.No.183-1 to an extent of Ac.5.00 cents said to have been assigned to the petitioner vide D.A.R.Dis.No.82/1442, dated 09.06.2013. On verification from the records, it came to light or emerged that an entry pertaining to assignment of the said land was made unofficially in the leftover space at the end of the page No.42 of the Assignment Grant Register and with forged signature of the 4 Tahsildar. The original Sl.No.15 was entered at page No.44. It seems that, this entry fraudulently inserted at the bottom of leftover space in Page no.42 and thereby treated it as fake one and an order of resumption was passed. 3. Assailing the impugned notice the present writ petition is filed on the grounds that the said impugned notice came to be passed under the influence of the local MLA and District Collector with the ulterior malafide intention, and there is no possibility to forge the signature of the Tahsildar in the record maintained by the Tahsildar’s office, and no prior notice or opportunity was given before the issuance of final impugned order, calling for an explanation from the petitioner before issuing the final order that the petitioner has forged the signatures in the record maintained by the office of the Tahsildar, which clearly indicates that the present impugned order came to be passed in the interest of the political leaders. Hence, prayed to set aside the impugned proceedings dated 30.05.2023. 4. Counsel for the petitioner argues that even if the petitioner was said to have forged the signatures of the Tahsildar, the respondents are required to adhere to the legal procedures and issue a show cause notice before proceeding with the resumption orders. Additionally, it is stated that there is no possibility of the signatures of the Tahsildar being forged in the official records maintained by the Tahsildar's office. The 5 counsel relies on an order of this Court in W.P. No.26086 of 2012 dated 16.11.2022, where a learned Single Judge has observed that regarding the pattas that possessed by the petitioners therein being fake and fabricated was not sufficiently explained and how the alleged fakeness was identified, nor was it explained how the respondents determined that the pattas were fabricated. Furthermore, it is held that it must be distinctly established whether the petitioners alone or in connivance with the revenue authorities obtained those purported fake and fabricated pattas and without such pleadings the contention of the fake patta cannot be accepted and it is the responsibility of the State to clarify the Court. 5. The respondents are unable to justify the aforementioned claim. Even if it is assumed that the petitioner has altered the records in the Tahsildar's office, they cannot explain the issuance of pattadar passbooks in the petitioner's name. The learned Government Pleader mentioned that a notice was issued on 16.05.2023 and referred to the notice sent to the petitioner. It is acknowledged that there is no acknowledgment for the notice dated 16.05.2025. In the absence of such acknowledgment, it should be considered that no notice was served on the petitioner. 6. As correctly pointed out by the petitioner's counsel, the petitioner did not receive any notice prior to the issuance of the contested order. 6 On this ground alone, the impugned order is liable to be set aside and accordingly it is hereby set aside. It is made clear that the respondents are at liberty to initiate proceedings afresh adhering the procedure as established by law. 7. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. 8. As a sequel, interlocutory applications, if any, pending in this writ petition shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 22.01.2026 Harin 7 171 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 32182 OF 2023 Date: 22-01-2026 Harin