HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard Mr. P. Bhanu Prakash, learned counsel for the petitioner, Mr. L. Ravinder, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4 and Mr. Dara Sreesailam, learned counsel for respondent No.5.

2. Initially, vide 22.07.2024, this Court disposed of the aforesaid writ petition by dispensing with the notice to unofficial respondent No.5 herein, directing respondent No.2 to consider the representation dated 04.07.2024 submitted by the petitioner seeking 3 restoration of his name in the revenue records in respect of the subject property by deleting the name of respondent No.5 and issue e-Pattedar passbook and pass appropriate orders, in accordance with law, by putting the General Power of Attorney, i.e., the father of the petitioner, respondent No.5 and all affected parties on notice and affording them an opportunity. If, respondent No.2 is not inclined to accept the request made by the petitioner, he shall pass an order assigning specific reasons and communicate copy of the said order to the petitioner. He shall complete the said exercise within a period of eight (08) weeks from the date of receipt of a copy of the said order.

3. Challenging the said order, respondent No.5 preferred a writ appeal vide W.A. No.17 of 2025. Vide judgment dated 06.01.2025, a Division Bench of this Court disposed of the said appeal setting aside the said order dated 22.07.2024 with an observation to hear the parties and to decide the writ petition afresh. Therefore, this matter is being decided on merits after hearing both sides.

4. CASE OF THE PETITIONER i) He is the absolute owner and possessor of the agricultural land admeasuring Acs.2.39 guntas in Survey Nos.1058/C and 1058/D, situated at Madikonda Revenue Village, Hanamkonda Mandal and District (erstwhile Warangal District), on the strength of registered sale deed bearing document No.3912 of 2004, dated 17.05.2004 executed by Mr. Palla Narsimha Reddy S/o Pulla Reddy. His name was mutated in revenue records and pattadar passbook and title deed bearing No.1107 were also issued in his favour. From the date of his purchase, he has been in possession and enjoyment of the said property.

ii) Mr. Kota Satish & 2 others filed a writ petition vide W.P.

No.15752 of 2024 to declare the action of respondent Nos.2 to 4 in not considering the petitioners representation dated 30.05.2024 in not restoring mutating and not issuing e-pattadar passbook in favour of the petitioners in respect of Plot No.18, admeasuring 322 square yards or 269.22 square meters (Ac.0.266 guntas) of petitioner No.1, Plot No.19, admeasuring 370 square yards or 309.35 square meters (Ac.0.305 guntas) of petitioner No.2 and Plot No.16, admeasuring 322 square yards or 269.22 square meters (Ac.0.266 guntas) of petitioner No.3 in Survey Nos.1058/C and 1058/D of Madikonda Revenue Village and Grampanchayat, Hanumakonda Mandal and District, as illegal and for a consequential direction to respondent Nos.2 to 4 to restore, mutate and issue e-pattadar passbook in respect of the aforesaid plots. However, the same was dismissed as withdrawn on 24.06.2024 with a liberty to file fresh writ petition.

iii) While the petitioner leaving to USA, he executed registered General Power of Attorney (GPA) vide document No.1 of 2006, dated 02.01.2006 and another one vide File No.576 of 2011, dated 19.01.2011 in favoour of in respect of the aforesaid land.

iv) While the matter stood thus, respondent No.5 herein in connivance of the then respondent No.4 had obtained fake patta passbook and title deed bearing No.T21080022351 (Khata No.1869) in respect of the aforesaid land.

v) On the complaint, an enquiry was conducted by respondent No.3 under Section - 5B of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and, vide order dated 03.02.2018 in File No.RC.No.A/1059/2013 cancelled the patta passbook and title deed issued in favour of respondent No.5 in respect of the land to an exten