APHC010192272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3208]

(Special Original Jurisdiction)

MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10115/2025 Between:

1. B CHANDRA REDDY, S/O CHENGA REDDY, AGED ABOUT 51 YEARS, OCC FARMER, R/O. PACHIKAPALLAM, VILLAGE, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI,AMARAVATHI,GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT.

3. T HE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT..

4. T HE TAHSILDAR, VEDURUKUPPAM, VEDURUKUPPAM MANDAL. 5. K MOGILESWARI, D/O. LATE K.RAMAIAH, AGED ABOUT 55 YEARS. HOUSEWIFE, R/O. PEDDAPODUCHENU, H/O. PACHIKAPALAM VILLAGE VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT ...RESPONDENT(S):

The Court made the following ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents especially the action of the Respondent No.3 herein in issuing proceedings vide D.Dis.N/1171/2024 dated 04.09.2024 whereby name of the petitioner herein was deleted from the land in Sy. No. 94/22 to an extent of Ac.1.93 cents situated in Kommaragunta Revenue Village, Vedurukuppam Mandal in all revenue recordswithout issuing any notice to the petitioner as being illegal, arbitrary, unfair, violative of Principles of Natural Justice apart from being violative of Articles 14, 19 and 21 of the Constitution of India and also contrary to the Andhra Pradesh Rights in land and Pattadar pass book Act, 1971 and Rules made thereunder and consequently set aside the proceedings vide D.Dis.N/1171/2024 dated 04.09.2024 issued by the respondent no.3 herein and further direct the respondents no. 3 and 4 to mutate the name of the Petitioner in Sy. No. 94/22 to an extent of Ac. 1.93 cents situated in Kommaragunta Revenue Village, Vedurukuppam Mandal forthwith and pass…:”

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos. 1 to 4 and the learned counsel for the unofficial respondent No.5.

3. The writ petition is filed aggrieved by the action of the respondent No.3 herein in issuing impugned proceedings dated 04.09.2024 whereby name of the petitioner herein was deleted from the land in Sy.no.94/22 to an extent of Ac.1.93 cents situated at Kommaragunta revenue village, Vedurukuppam mandal in all revenue records without issuing any notice to the petitioner, which is contrary to the Andhra Pradesh rights in land and pattadar pass book act, 1971 and rules made thereunder.

4. The learned counsel for the petitioner submits that the 3^rd and 4^th respondents, by entertaining a mere representation submitted by the 5^th respondent, have proceeded to delete the petitioner’s name from the revenue records without following due process of law. It is submitted that the name of the petitioner was duly mutated in the revenue records by the 4^th respondent in the year 2012, and after a lapse of more than a decade, the 5^th respondent made a representation dated 21.03.2024 before the 3^rd respondent. It is further contended that the 3^rd respondent erroneously entertained the said representation and passed the impugned proceedings dated 04.09.2024, directing the Tahsildar to delete the entries standing in the name of the petitioner and to take further action under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Though the petitioner has a statutory remedy under Section 9 of the Act, the learned counsel mainly contends that the impugned proceedings are void ab initio, as they were passed without issuing notice to the petitioner and without affording an opportunity of hearing. It is also s