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2026 Supreme(Online)(AP) 9853
Reserved on : 12.03.2026 Pronounced on : 17.03.2026 Uploaded on : 24.03.2026 APHC010233392023 [3330](Special Original Jurisdiction)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
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
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO
Date: 17.03.2026
The Court made the following: ORDER:
The writ petition is filed to declare the order of the 2nd 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.
“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 (1st 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 (5th unofficial respondent herein). The name of Srivirita was mutated in the revenue records and pattadar passbook was issued in her favour.
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 (2nd granddaughter by name Chikkala Devika Manasa 1st writ petitioner herein), the 2nd writ petitioner is the father of the 1st writ petitioner. The original owner of the property Smt. Chikkala Venkayamma died on 03.05.2012.
The 1st writ petitioner made an appeal to the Revenue Divisional Officer to mutate or incorporate her name in the place of her sister Srivirita in the revenue records. The appeal was disposed by the Revenue Divisional Officer vide proceedings in Rc.No.425/2017/C dated 10.10.2017, the same is extracted which reads as follows:
“The pattadar passbooks and Title Deed earlier in the name of Smt. Srivirita W/o Sri Ramadora vide 1B Khata No. 521 for the lands in Survey Number 54/3 for an extent of Ac.1-50 cents situated Pentakota Village of Payakaraopeta Mandal, are hereby canceled as she is no more and also the possession of the lands was not delivered to khatadar Srivirita. The Tahsildar Payakaraopeta is hereby directed to take necessary action for the land situated in Survey Number 54/3 to an extent of Ac.1-50 cents, vide 1B Khata No 521 of Pentakota Village of Payakaraopeta Mandal and also directed to delete corresponding entities in all concerned Record of Rights.”
The order in Rc.No.425/2017/C, dated 10.10.2017 of the 3rd respondent-Revenue Divisional Officer, was challenged before the 2nd respondent-Revisional Authority-cum-Joint Collector, Anakapalli, under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (hereinafter called the Act) by the 5th unofficial respondent who is non-other than the husband of the deceased Srivirita. The 2nd respondent vide impugned proceedings in R.P.No.12/2023, dated 01.04.2023 has allowed the revision in the following gist:
“Once the gift deed is executed by the executant in normal condition, cancellation is not valid; the gift deed cancellation deed executed in favour of Srivirita, vide document No. 5355/2007 dated 15.11.2007, does not have any legal validity, and it is declared as infructuous, and the orders of the 3rd respondent-Revenue Divisional Officer, in Rc.No. 425/027/C dated 10.10.2017, were set aside as they were erroneous and had legal sanctity, and the Tahsildar Payakaraopeta was directed to mutate the name of the 5th unofficial respondent.”
The said order
