Reserved on : 12.03.2026 Pronounced on : 17.03.2026 Uploaded on : 24.03.2026 APHC010233392023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 12421/2023 BETWEEN:

1. CHIKKALA DEVIKA MANASA, D/o. DATTATHREYA, AGED ABOUT 33 YEARS, R/o. D.No. 1-1, PENTAKOTA VILLAGE, PAYAKARAOPETA MANDAL, ANAKAPALLI DISTRICT.

2. CHIKKALA DATTATHREYA, S/o. DORAYYA GARU, AGED ABOUT 65 YEARS, OCC: AGRICULTURE, R/o.D.No.1-1, PENTAKOTA VILLAGE, PAYAKARAOPETA MANDAL, ANAKAPALLI DISTRICT. ….PETITINER(S)

AND

1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

2. THE JOINT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH.

3. THE REVENUE DIVISIONAL OFFICERRDO, NARSIPATNAM DIVISION, NARSIPATNAM ANAKAPALLI DISTRICT, ANDHRA PRADESH.

4. THE TAHSILDAR AND RECORDING AUTHORITY, DEVELOPMENT OFFICER (D.P.R.D.0) PAYAKARAO PETA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH.

5. BADIREDDY NAGA VEERA VENKATA SRIRAMA DORA, S/o.

VENKANNA DORA, AGED ABOUT 46 YEARS, OCC.CULTIVATION, R./o. D.No. 25-8-7, JAYA KRISHANAPURAM, OPP ANDHRA BANK, RAJAHMUNDRY, EAST GODAVARI 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 a Writ Order or Direction more particularly one in the nature of Writ of Mandamus Declaring order passed in R.P.No. 12/2023 dated 01-04-2023 passed by the revisional authority cum /joint collector Anakapalli as null and void and set aside the same and declared that it is violation of provisions /rules contemplated in the ROR Act and restore the order passed by the appellant authority in R.C.No. 425/2017/C/ dated 10-10-2017 in the interest of justice and grant such other relief or reliefs.

Counsel for the Petitioner(S):

1. G VENKATA SUBBA RAJU Counsel for the Respondent(S):

1. GP FOR REVENUE The Court made the following:

ORDER:

The writ petition is filed to declare the order of the 2^nd respondent-Revisional Authority-cum-Joint Collector, Anakapalli, delivered in R.P. No.12/2023, dated 01.04.2023, as null and void and set aside the same as the said order is in violation of provisions /rules contemplated in the ROR Act and it is contrary to Section 15(2)(a) of Hindu Succession Act 1956 and consequently prayed to restore the order passed by the Appellant Authority in R.C. No.425/2017/C/ dated

10.10.2017, in the interest of justice.

1. “BRIEF FACTS OF THE CASE”

Undisputed facts are, one Chikkala Venkayamma W/o (late)

Dorayaa is the owner of the property admeasuring Ac.1-50 cents in Survey Number 54/3 (hereafter called as ‘property’ for convenience) situated at Pentakota Village of Payakaraopeta Mandal. Her son is Chikkala Dattatreya and he is having two daughters viz., Srivirita and Chikkala Devika Manasa. She executed a gift settlement deed of the said property to her (1^st granddaughter) vide document No.2332/2002 dated 02.09.2002 i.e., Smt. Badireddy Srivirita wife of Sri Badireddy Naga Veera Venkata Sri Rama Dora (5^th unofficial respondent herein). The name of Srivirita was mutated in the revenue records and pattadar passbook was issued in her favour.

2. While the situation was in this state, the said Srivirita died on 27.11.2005 (her death is un-natural death) then the donor of property i.e., Chikkala Venkayamma got cancelled the gift deed executed in favour of Srivirita vide document no.5355/2007 dated 15.11.2007. The owner of property Chikkala Venkayamma latter executed a registered Will vide document no. 58/2011 dated 22.12.2011 in favour of (2^nd granddaughter by name Chikkala Devika Manasa 1^st writ petitioner herein), the 2^nd writ petitioner is the father of the 1^st writ petitioner. The original owner of the property Smt. Chikkala Venkayamma died on

03.05.2012.

3. The 1^st writ petitioner made