APHC010282522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 14646/2026 Between: 1. SHAIK HUSSAIN BI, W/O MAHAMAAD GOUSE, AGED ABOUT 36 YEARS, RESIDING AT RAYAMALPURAM, NANDYAL MANDAL, NANDYAL DISTRICT-518511 2. SHAIK VAHIDA, W/O KHADAR BASHA, AGED ABOUT 48 YEARS, RESIDING AT RAYAMALPURAM, NANDYAL MANDAL, NANDYAL DISTRICT-518511 3. SHAIK KHAJA BI, W/O ABDUL AZEEM AGED ABOUT 61 YEARS, RESIDING AT RAYAMALPURAM, NANDYAL MANDAL, NANDYAL DISTRICT-518511 4. SHAIK SHAHINA, W/O MAHABOOB BASHA AGED ABOUT 36 YEARS, RESIDING AT RAYAMALPURAM, NANDYAL MANDAL. NANDYAL DISTRICT-518511 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, DEPARTMENT OF REVENUE REVENUE SECHETARIAT BUILDINGS, VELAGAPUDI.-522238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE REVENUE SECRETARIAT BUILDINGS, VELAGAPUDI.-522238 3. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, D.NO. 189, 2ND FLOOR 2 HIMAGNA TOWERS, N.T.R, MAARG, LIG COLONY, B-BLOCK, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH.522238 4. THE DISTRICT COLLECTOR, COLLECTORATE BUILDING, NANDYAL DISTRICT - 518501 5. THE JOINT COLLECTOR, COLLECTORATE BUILDING, NANDYAL DISTRICT - 518501 6. THE REVENUE DIVISIONAL OFFICER AND SUBDIVISIONAL MAGISTRATE, NANDYAL MANDAL, NANDYAL DISTRICT - 518501. 7. THE TAHSILDAR NANDYAL MANDAL, NANDYAL DISTRICT - 518501 8. THE VILLAGE REVENUE OFFICER, RAIMALPURAM VILLAGE, NANDYAL MANDAL NANDYAL DISTRICT - 518501 ...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 tomay be pleased to issue an order or a writ, specifically one in the nature of writ of mandamus, declaring the orders passed by the Respondent No.6 vide Rc.B.2435/2025 dated. 30.04.2026 cancelling the House Site Pattas granted to the petitioners in Sy.No. 164/2 to an extent of Ac.0,12 cents (each petitioner is having an Extent of Ac.0,03 Cents) of Raimalpuram Village, Nandyal Mandal, Nandyal District without providing the petitioners the reasonable opportunity to file written objections and the action of the Respondent No. 5 in not disposing of the appeal filed by the petitioners as illegal arbitrary without basis and against the principles of natural justice and contrary to Article 14, 21 and 300-A of Constitution of India consequently set aside the same, and direct the respondentsnot to interfere with the peaceful possession of the petitioners to an extent of Ac.0.12 cents in Survey No. 164/2, Raimalpuram Village, Nandyal Mandal, Nandyal District and pass such 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 direct the Respondents not to interfere with the peaceful possession of the petitioners to an extent of Ac.0.12 cents in Survey No. 164/2, Raimalpuram Village, Nandyal Mandal, Nandyal District pending disposal of the appeal filed before the Respondent No.5 and pass such 3 Counsel for the Petitioner(S): 1. DIVYA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR GENERAL ADMINISTRATION The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the orders passed by the Respondent No.6 vide Rc.B.2435/2025 dated 30.04.2026 cancelling the House Site Pattas granted to the petitioners in Sy.No.164/2 to an extent of Ac.0.12 cents (each petitioner is having an Extent of Ac.0.03 Cents) of Raimalpuram Village, Nandyal Mandal, Nandyal District without providing the petitioners the reasonable opportunity to file written objections and the action of the Respondent No.5 in not disposing of the appeal filed by the petitioners as illegal, arbitrary, without basis and against the principles of natural justice and contrary to Article 14, 21 and 300-A of Constitution of India and consequently set aside the same, and direct the respondentsnot to interfere with the peaceful possession of the petitioners to an extent of Ac.0.12 cents in Survey No.164/2, Raimalpuram Village, Nandyal Mandal, Nandyal District, and pass such other order or orders....” 2. Heard learned counsel for the Petitioners and learned Assistant Government Pleader for Revenue Department. 3. Ms. Divya Prasad, learned counsel for the Petitioners submits that Respondent No.6 has no power or authority to pass any order as per Board Standing Orders 15(18) and cancel the House Site Pattas. 4. Sri T.Sanjeev Rao, learned Assistant Government Pleader submits that the Petitioners are not the original assignees and they have been in the illegal occupation of the assignment land. Therefore, the Revenue Divisional 4 Officer/Respondent No.6 has rightly passed the order of cancellation of House Site Pattas. 5. The Tahsildar/Respondent No.7 gave an endorsement way back in the year 2015 vide R.c.C.984/2025 mentioning that the Petitioners have been in possession of the property for more than one decade. As seen from the Board Standing Order 15(18), the competent authority to pass orders to cancel the house site pattas is the District Collector. The Respondent No.6 has no jurisdiction to pass such an order. Therefore, the impugned order dated 30.04.2026 passed in Rc.B.2435/2025 by Respondent No.6 is set aside. However, the District Collector/Respondent No.4 is at liberty to pass appropriate orders in accordance with law by invoking the powers under BSO 15(18). Until passing of such orders, the possession of the Petitioners shall not be disturbed in respect of an extent of Ac.0.12 cents in Sy.No.164/2 of Raimalpuram Village, Nandyal Mandal. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J Date: 21.05.2026 TPS/BSP 5 16 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 14646/2026 Date: 21.05.2026 TPS/BSP