APHC010416112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI I.A.Nos.1 & 2 of 2026 In/and WRIT APPEAL NO: 955 OF 2026 Writ Appeal under clause 15 of the Letters Patent by the Order dated 01.12.2025 passed in W.P. No. 33278 of 2025 by learned Single Judge, begs to present the memorandum of Writ Appeal Between: 1. PACHAVA VENKATESWARLU, S/o. Venkata Subbaiah, aged about 78 years R/o. 3-96-1, Main road, Challagirigala Village Kanigiri Mandal,Prakasam District, Andhra Pradesh-523245. (Presently Markapuram District). 2. Gude Sunitha,, W/o.Srinu,Aged about 42 years, R/o. 2-39,B.C Colony, Challagirigala Village Kanigiri Mandal,Prakasam District, Andhra Pradesh- 523245. (Presently Markapuram District). ...Petitioners AND 1. MAKKENA PEDDANNA, S/o. Ankaiah, aged about 49 years, R/o. Challagirigala, Kanigiri Mandal.Prakasam District, Andhra Pradesh-523245. (Presently Markapuram, Markapuram District). 2 2. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department Secretariat Buildings Velagapudi,Guntur District, Andhra Pradesh-522238. 3. The District Collector, Prakasam Bhavan, Prakasam District-523001. (Presently Markapuram, Markapuram District). 4. 4 The Revenue Divisional Officer, Kanigiri, Prakasam District-523230. (Presently Markapuram, Markapuram District). 5. The Tahsildar, HM Road, Kanigiri Mandal, Prakasam District-523230. (Presently Markapuram, Markapuram District). ...Respondents 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 Grant leave to the petitioner to file this Writ Appeal before this Hon’ble Court, the order passed dated: 01.12.2025 in W.P. No. 33278 of 2025 IA NO: 2 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 condone the delay of 217 days in filing the Writ Appeal IA NO: 3 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 dispense with Filing of the certified copy. It is submitted that the Petitioner herein has noted the online order copy in order dated; 01.12.2025 in W.P no. 33278 of 2025, on the file of the Hon’ble High Court of Andhra Pradesh, in interest of justice 3 Counsel for the Petitioners: POTHAMSETTY JAYA PRAKASH Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents:S DILIP JAYA RAM The Court made the following order: 4 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI I.A.Nos.1 & 2 of 2026 In/and WRIT APPEAL NO: 955 OF 2026 ORDER: (per Ravi Nath Tilhari, J) Heard Sri N.Vamsi Krishna, learned counsel representing Sri P.Jaya Prakash, learned counsel for the appellants and Sri S.Dilip Jaya Ram, learned counsel for respondent No.1 (writ petitioner) and Sri K.Dilip Naik, learned Assistant Government Pleader for respondent Nos.2 to 5. 2. The appeal has been filed challenging the order dated 01.12.2025 passed by the learned Single Judge in W.P.No.33278 of 2025. 3. The writ petition was filed by respondent No.1 herein. The writ petition was filed raising the grievance that, with respect to the land in Sy.Nos.31, 34/A and 45 measuring extents of Ac.2.36 cents, Ac.1.28 cents and Ac.2.73 cents respectively of Challagirigala Village, Kanigiri Mandal, Prakasam District, the order passed by the Tahsildar dated 04.10.2025 rejecting the application of the writ petitioner for mutation was not reasoned order and not a speaking order. 4. The writ petition was allowed setting aside the order dated 04.10.2025 and remanding the matter to Tahsildar, Kanigiri Mandal, 5 Prakasam District to consider the writ petitioner’s application dated 18.09.2025 and pass a speaking order based on records by issuing notice to the writ petitioner within a specified period. 5. The order records based on the written instructions that, the revenue record entries shown the name of P.Venkateswarlu (writ appellant No.1). However, we find that the writ appellant No.1 was not made a party in the writ petition. 6. The writ appeal has been filed along with I.A.No.1 of 2026 seeking leave of the Court to file the appeal as also I.A.No.2 of 2026 to condone the delay of 217 days in filing the writ appeal. 7. Since the writ appellants were not party in the writ petition and it has been submitted that the rights of the writ appellants are being affected by the impugned order, which also records that the revenue records entry was in the name of writ appellant No.1, we grant leave to file the appeal. 8. I.A.No.1 of 2026 is allowed. 9. For the same reasons as also on the ground shown in the affidavit for condonation of delay, we are satisfied that the delay deserves to be condoned. 10. I.A.No.2 of 2026 is allowed. The delay is condoned. 6 11. With the consent of the learned counsels for the writ appellants as also for the respondents, the writ appeal is being disposed of finally. 12. Learned counsel for the writ appellants, submits that after the order of the learned Single Judge, the Tahsildar issued notice vide R.C.Dt. /416/ 2025 dated 21.07.2026 to the writ appellants with respect to the survey numbers asking them to appear on 30.07.2026 at 10.00am along with the records for enquiry being made and pass appropriate orders. 13. Learned counsel submits that without waiting for the date fixed and prior thereto on 25.07.2026, the mutation has been made in the name of writ petitioner (respondent No.1 herein) with respect to the survey No.34/A1, making of a sub-division of Survey No.34/A. He submits that the proceedings are pending before the Tahsildar with respect to the rest of the survey numbers. His further submission is that fixing the date 30.07.2026, but prior to that date making the mutation in the name of respondent No.1, behind the back of the writ appellants is in violation of the principles of natural justice. 14. Learned counsel for the writ petitioners submits that the writ appellants were not party in the writ petition but they were entitled for opportunity of hearing and so notice has already been issued to the writ appellants by the Tahsildar, to dispose of the pending matter in terms of the order passed by the writ Court. 7 15. We have considered the aforesaid submissions and perused the material on record. 16. We are of the considered view that once, the revenue record entries was in the name of the writ appellant No.1, which fact is also recorded in the impugned order, the respondent No.1 herein ought to have impleaded the writ appellant as a party in the writ petition. But the same was not done. However, the Tahsildar has issued notice to the writ appellants also to provide opportunity of hearing to them, and rightly so as the proceedings relate to the survey numbers which prima facie exhibit the name of the writ appeal No.1. But the Tahsildar must have waited for the date fixed in the case and ought not to have passed the order before the date fixed for any of the survey numbers in question or part thereof. 17. Consequently, we dispose of this appeal with the direction to the Tahsildar to pass appropriate orders in accordance with law with respect to the survey numbers in question after affording opportunity of hearing to the writ petitioner as also the writ appellants expeditiously. 18. The order already passed for mutation with respect to survey No.34/A1, prior to the date fixed and in violation of principles of natural justice as also in violation of the notice issued shall not be given effect to and the mutation for the said survey number shall be reconsidered, if that 8 mutation with respect to Survey No.34/A1 forms part of the subject matter/ Survey numbers as involved in the writ petition/writ appeal. 19. With the aforesaid observations, the writ appeal stands disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI,J _____________________________________ PURUSHOTTAM KUMAR CHINTALAPUDI,J Dated: 11.08.2026 AG 9 79 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI I.A.Nos.1 & 2 of 2026 In/and WRIT APPEAL NO: 955 OF 2026 Dated: 11.08.2026 AG