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2026 Supreme(AP) 158

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B. Krishna Mohan, J.
Kommalapati Bhaskar Rao, S/o. Narasaiah - Petitioner
Versus
The State Of Andhra Pradesh, Rep. By Its Principal Secretary, Revenue Department - Respondent
Writ Petition No: 1899 of 2026
Decided On : 27-01-2026

Advocates Appeared:
For the Petitioner: Sita Ram Chaparla
For the Respondent: GP For Revenue, Ancha Panduranga Rao

Pursuant to the A.P. Rights in Land & Pattadar Passbooks Act, cancellation of title deeds without proper notice is illegal, necessitating remand for reconsideration under due process.

Headnote:(A) A.P. Rights in Land & Pattadar Passbooks Act, 1971 - Cancellation of pattadar passbooks and title deeds - The cancellation was deemed illegal, confirmed by appellate authority, due to lack of Form-VIII notice service as required by law. - "The revenue authorities ought not to have entertained the appeal at the instance of the 6th respondent..." (Paras 6, 9)

(B) Remand - The court remanded the matter to the original authority for reconsideration under due procedure observing that both revenue authorities found no proper service of notice (para 10).

Facts of the case:
The petitioners challenged the cancellation of pattadar passbooks for lands amounting to Ac.37.92 cents, asserting that the decisions were made without due consideration of the ongoing civil suit.

Findings of Court:
The matter is remanded back to the original authority for fresh consideration of the issues after proper notice and opportunity for all parties involved (para 10).

Issues: The main issues involved were the propriety of canceling the pattadar passbooks during the pending civil suit and whether the required Form-VIII notices were issued.

Ratio Decidendi: The court ruled that the original authority had failed to follow correct procedures concerning notice and therefore necessitated a refresh approach to adjudicate the land claims properly (para 10).

Result: The writ petition is disposed of with directions for a fresh enquiry.

Table of Content
1. cancellation of land titles based on procedural defects. (Para 2 , 3)
2. arguments regarding pending civil suit and authority's actions. (Para 4 , 6)
3. court's observation on due process requirements. (Para 9)
4. remand for fresh consideration following proper procedure. (Para 10)
5. final disposal of writ petition with costs ruling. (Para 11)

ORDER :

B. Krishna Mohan, J.

Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 5 and the learned counsel appearing for the 6th respondent.

2. This writ petition was filed questioning the order in R.P.No. D.Dis.D2/2197/2013, dated 18.12.2025 passed by the 3rd respondent and also the order in D.Dis.No.3379/11/C, dated 01.06.2013 passed by the 4th respondent, whereby the pattadar passbooks and title deeds issued in favour of the petitioners to an extent of Ac.12.64 cents each (totaling Ac.37.92 cents) covered by Sy.Nos.150, 151, 152, 153, 155, 321, 329 of K.Bitragunta village, Zarugumilli Mandal, Prakasam District were arbitrarily cancelled, pending declaratory civil suit in O.S. No.144/2010 on the file of Additional District Judge Court, Ongole examine such orders and set aside after declaring the same as illegal, irregular.

3. The petitioners herein are the revision petitioners before the 3rd respondent dated 18.12.2025. The 6th respondent is the 1st respondent therein. It is the grievance of the petitioners that without considering the facts and the legal position, the revisional authority confirmed the orders of the 4th respondent dated 01.06.2013. The 6th respondent herein after abnormal delay and during the pendency of the civil suit, approached the 4th respondent by way of ROR appeal against the proceedings of the 3rd respondent dated 15.02.2013 and 03.05.2013 in which the petitioners herein filed counter before the said authority. Basing upon the averments of the parties concerned, the following issues are framed by the said appellate authority in his order dated 01.06.2013 which are as under:

Issue No.1: Whether the schedule lands belongs to the Company property or to the individual in capacity?

Issue No.2: Whether the then Tahsildar has violated procedure for grant of PPB/ TDs rules framed under R.O.R. Act or not?

4. The learned counsel for the petitioners submits that, the said issues are also some of the subject issues before the civil suit initiated by the 6th respondent itself which is pending in O.S. No.144 of 2010 on the file of Additional District Judge, Ongole. But the said appellate authority upon perusal of the registered documents filed by the appellants therein came to a conclusion that the same were purchased by one Mr. N.Venkaiah on behalf of the 6th respondent herein which is the appellant therein. But noticed that after the death of N.Venkaiah, the pattadar passbook/ title deed was transferred in favour of N.Jessi Lalitha W/o N.Venkaiah by the proceedings of the Mandal Revenue Officer dated 10.03.2003. Accordingly, he further noted the subsequent mutations also in respect of the subject lands. By reproducing the provisions of law, the said appellate authority came to a conclusion that the Form-VIII notice has not been published in the village and also not served on the interested parties by the then Tahsildar. Hence, he opined that the pattadar passbooks/ title deeds were issued in favour of Smt. N.J.Lalitha, Kanuru Subba Rao, Swarna China Subba Rao and Kommapati Bhaskara Rao without following the rules and violating the procedure laid down under Section 5 of A.P. Rights in Land & Pattadar Passbooks Act, 1971. Hence, he has cancelled the said pattadar passbook/ title deeds held in favour of the said persons as under:

Sl. No.Name of the individualSy. No.ExtentIB Khata No.T.D.No.
1N.J. Lalitha329-1, 2 etc.,37-92 ½759328309
2Kanuru Subba Rao329-1, 2 etc.,12-64 ½134384745
3Swarna China Subba Rao329-1, 2 etc.,12-64 ½134484743
4Kommapati Bhaskara Rao329-1, 2 etc.,12-64 ½134584744

5. Further, the 5th re

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