APHC010137042023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.6948 of 2023 Between:

1. VEMPALLE RAJA GOPALA REDDY, S/O.SRIRAM REDDY @

SREERAMULU, HINDU, AGED ABOUT 75 YEARS, R/O.D.NO.12/259, VEMPALLE RAJA GOPALA REDDY, S/O.SRIRAM REDDY @ SREERAMULU, HINDU, AGED ABOUT 75 YEARS, R/O.D.NO.12/259, POTTI SREERAMULU STREET, YSR KADAPA DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY (REVENUE), SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT.

2. THE JOINT COLLECTOR, YSR KADAPA DISTRICT.

3. THE REVENUE DIVISIONAL OFFICER, YSR KADAPA DISTRICT.

4. THE TAHSILDHAR, KADAPA MANDAL, YSR KADAPA DISTRICT.

5. RAMIREDDIGARI MOHAN REDDY, S/O. LATE RAMIREDDIGARI VENKATESWARLU, HINDU, AGED ABOUT 56 YEARS, HOUSE NO.1-2-31/14/1, SAI SRI NAGAR COLONY, NEAR N.R.I COLONY, NANDAMURI NAGAR, HYDERNAGAR, NIZAMPET ROAD, KUKATPALLY, HYDERABAD, STATE OF TELANGANA.

6. NEELAM OBAIAH, S/O.NEELAM PEDA SUBBAIAH, HINDU, AGED ABOUT 74 YEARS, D.NO.1/52, DEVARAJUPALLI VILLAGE, KAMALAPURAM MANDAL, YSR KADAPA DISTRICT.

7. KANTA BHARATH KUMAR, S/O.SRINIVASULU, HINDU, AGED ABOUT 31 YEARS, D.NO.C-18-417-001, SATHU CHENGANNA STREET, NEAR SBGM SCHOOL, KADAPA, YSR KADAPA DISTRICT.

8. GOSULA HANUMANTHU REDDY, S/O.NARASIMHA REDDY, HINDU, AGED ABOUT 47 YEARS, R/O.D.NO.10/158, GOLLA PULLAIAH STREET, CHENNURU MANDAL, YSR KADAPA 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 WRIT OF MANDAMUS or any other appropriate writ, order or direction declaring the action of the 4th respondent in mutating the names of Respondent Nos.6 to 8 in respect of the land admeasuring Ac.0.98 cents (Sy.No.256). Ac.0.42 cents (Sy.No.257/1). Ac.0.10 cents (Sy.No.258) and Ac.1.00 cents (Sy.No.424-5), total admeasuring Ac.2.50 cents situated in Chemmu Miah Peta Village, Kadapa Mandal, YSR Kadapa District, contrary to the order of remand dated 10.05.2017 in Ref.No.H/422/2016 passed by the 3rd respondent cancelling the mutation of their vendor/5th respondent, without giving any notice/opportunity to the petitioner, as illegal, arbitrary, unconstitutional and contrary to the procedure contemplated under the provisions of A.P. R.O.R. Act, 1971 read with the Rules made there under and also violative of Articles 14 and 300A of Constitution of India, and pass such other order or orders in the interests of justice and consequently, command the 4th respondent to set aside the mutation made in favour of the unofficial respondents in respect of the subject land forthwith, in the interest of justice.

Counsel for the Petitioner:

1. P RAJASEKHAR Counsel for the Respondent(S):

1. NAIDU SIVA RAMA KRISHNA

2. GP FOR REVENUE The Court made the following:

ORDER:

The present Writ Petition has been filed challenging the action of the respondent No.4 – Tahsildar in mutating the names of the unofficial respondent Nos.6 to 8 in respect of land admeasuring Ac.0.98 cents in Sy.No.256, Ac.0.42 cents in Sy.No.257/1, Ac.0.10 cents in Sy.No.258 and Ac.1.00 cents in Sy.No.424-5, total admeasuring Ac.2.50 cents, situated in Chemmu Miah Peta Village, Kadapa Mandal, YSR Kadapa District, as it is contrary to the order dated 10.05.2017 in Ref.No.H/422/2016 of respondent No.3, and as it is also contrary to the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, ‘the Act’) read with the Rules made thereunder and also violative of Articles 14 and 300A of the Constitution of India.

2. The case of the petitioner is that the land admeasuring Acs.1.95 cents in Sy.No.256, Ac.0.85 cents in Sy.No.257/1, Ac.0.19 cents in Sy.No.258 and Acs.2.00 cents in Sy.No.424-5, total admeasuring Acs.5.00 cents, situated in Chemmu Miah Peta Village, Kadapa Mandal, is the