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2025 Supreme(Online)(AP) 22486

HIGH COURT OF ANDHRA PRADESH
D RAMESH
MAJJARI PRAKASH – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WP 29577/2025



APHC010574182025 IN THE HIGH COURT OF ANDHRA PRADESH [3208]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29577/2025 Between:

1. M AJJARI PRAKASH, S/O M. BALAVEER NAGAPPA, AGED ABOUT 45 YEARS, R/O D.NO. 28-6-498, FLAT NO. 402, SUGUNA APARTMENTS, HOUSING BOARD COLONY, NEAR SAI BABA TEMPLE, ANANTAPURAM TOWN, ANANTHAPUR DISTRICT.

...PETITIONER AND

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

2. THE JOINT COLLECTOR, DISTRICT COLLECTOR OFFICE, ANANTAPURAM.

3. THE REVENUE DIVISION OFFICER, ANANTAPURAM DISTRICT.

4. THE TAHSILDAR, ANANTAPURAM MANDAL, ANANTAPURAM DISTRICT.

5. NALLABALLA SIVAIAH, S/O LATE N. LINGANNA , AGED ABOUT 50 YEARS, R/O CHAMALURU VILLAGE, NARPALA MANDAL, ANANTAPUR DISTRICT.

6. NALLABALLA SANKARAIAH, S/O LATE.N.LINGANNA, AGED ABOUT 44 YEARS, R/O D.NO.F-526, RTPP KALAMALLA, YERRGUNTALA VILLAGE, YERRAGUNTIA MANDAL, KADAPA DISTRICT.

7. PONNA EASWARAMMA, W/O LATE VENKATARAMDU AGED ABOUT 55 YEARS, R/O SEELEPALLI VILLAGE, SINGANAMALA MANDAL, ANANTAPUR DISTRICT.

8. D PARAVATHAMMA, W/O D.OBULESU , AGED ABOUT

52 YEARS, R/O D.NO. 77/677-A KURNOOL TOWN, KURNOOL DISTRICT.

9. UPPARA MALLESWARAI, W/O RAMA KRISHNA, R/O CHENNAMPALLI VILLAGE, BUKKARAYA SAMUDRAM MANDAL, ANANTAPUR DISTRICT.

10. P LAXMIDEVI, W/O LATE. P.JAYARAM , AGED ABOUT

68 YEARS, R/O UPPARAPALLI VILLAGE AND POST, ANANTAPUR MANDAL, ANANTAPUR DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. M VENKATA RAMANA REDDY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. ALLU HARI NARAYANA The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29577 of 2025

ORDER:

This writ petition is filed assailing the orders passed by the

2nd respondent dated 11.09.2025 on the ground that the said orders are contrary to proviso to Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short, ‘the ROR Act’).

2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents Nos.1 to 4.

3. Learned counsel for the petitioner has mainly contended that proviso to Section 9 of the ROR Act specifically contemplated that no orders adversely affecting any person shall be passed under this section unless he had an opportunity of making a representation. He has further submitted that on perusal of the impugned orders and also the references, it clearly demonstrates that the 2nd respondent has not chosen to provide any opportunity to the petitioner before passing an adverse order against him.

4. Considering the said submissions and on perusal of the impugned orders and also the references, it clearly discloses that no such opportunity was provided to the petitioner before passing such order.

5. Learned counsel appearing on behalf of unofficial respondent Nos.5 and 7 to 10 has also conceded with regard to the opportunity to the petitioner.

6. Considering the submissions and on perusal of the record, the impugned orders dated 11.09.2025 are set aside as the said orders are contrary to proviso to Section 9 of the ROR Act and remanding the matter to the 2nd respondent to consider and pass appropriate orders by providing an opportunity to the petitioner and unofficial respondents. Such exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order.

7. Accordingly, the Writ Petition is allowed. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending, if any, shall stand closed.

_______________________ JUSTICE D.RAMESH Date: 27.11.2025 Ivd THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29577 of 2025 Dated: 27.11.2025 Ivd

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