Khandehalli Aswartha Narayana Vs the State of Ap

Khandehalli Aswartha Narayana, S/0 Late Khandehalli Eeranna, Age about 54 years, Agriculturist, H.No 10-203, Kenkera Village, Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District, A.P. 515286. Aadhaar No 3265 0054 6201

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Smt. Ratnamma, W/0 Yanjarappa, Age about 59 years. Agriculturist, H. No 10-231-C Kenkera Village, Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District, A.P. 515286. Aadhaar No 3265 0054 6201

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...Petitioners

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AND

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The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Velagapudi,^{GunturDist.A.P.}

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The District Collector, Sri Satya Sai District,^A.P.

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The Revenue Divisional Officer, Penukonda, Sri Satya Sai District, A.P.

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The Tahasildar, Amarapuramu, Office of the Tahasildar Amarapuram Mandal, Sri Satya Sai District, A.P. 515286

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Tadeppagari Narasimhamurty, S/0 Late Tadeppa, Kenkera Village, Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District, A.P. 515286

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T Shivanna, S/0 Late Tadeppa, Kenkera Village, Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District, A.P. 515286 7. Tadeppagari Yashodhamma, D/0 Late Tadeppa, Kenkera Village, Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District,^A.P. 515286

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Tadeppagari Lakshmakka, D/0 Late Tadeppa, Kenkera Village, Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District, A.P.⁵¹⁵²⁸⁶

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Tadeppagari Nagamma, D/0 Late Tadeppa, Kenkera Village, Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District, A.P.⁵¹⁵²⁸⁶ 10. Tadeppagari Anasuyamma, D/0 Late Tadeppa, Kenkera Village Hemavathi Post, Amarapuram Mandal, Sri Satya Sai District,^A.P.51528

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...Respondents

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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 a. Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing Respondents No. 1 to 4 to forthwith rectify the revenue records pertaining to Survey No. 105-2 (Ac. 7.38 Cents), Survey No. 106-1 (Ac. 7.94 Cents) of Hemavathi Revenue Village, and Survey No. 211-2 (Ac. 6.08 Cents) of Nidragatta Revenue Village, Amarapuramu Mandal, Sri Satya Sai District, by cancelling all illegal, fraudulent,^and unauthorized entries made in the name of Respondents No. 5 to 8 or any other^unauthorized persons, and entering the names of the Petitioners, as the rightful legal heirs of late Khandehalli Narasappa, as the undisputed owners and possessors of the said lands. b. direct the Respondent No. 4, cease and desist the harassment and illegal land-grabbing activities perpetrated by Respondents No. 5 to 10 against the Petitioners and their family,^{andtoensureandsecure} their peaceful possession and enjoyment of their legitimate properties without any further interference. c. Direct the Respondents, particularly Respondents No. 1 to 3, to provide adequate and effective police protection to the Petitioners and their family members from the unlawful actions, threats.

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/

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intimidation, and physical attacks by Respondents No. 5 to 10, ensuring their safety and security.

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lA NO: 1 OF 2025

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Petition under Section 151 CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Official Respondents 1 to 4 to enter the Petitioners' names in the revenue records for Survey Nos. 105-2 (Ac. 7.38 Cents) and 106-1 (Ac. 7.94 Cents) of Hemavathi Revenue Village, and Survey No. 211-2 (Ac. 6.08 Cents) of Nidragatta Revenue Village, Amarapuramu Mandal, Sri Satya Sai District.

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Counsel for the Petitioners: SRI PULAGALA GANGAPPA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 10: NONE APPEARED

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The Court made the following order:

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APHC010340732025

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[3331]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 17911/2025

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Between:

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1.KHANDEHALLI ASWARTHA NARAYANA, S/0 LATE KHANDEHALLI EERANNA, AGE ABOUT 54 YEARS, AGRICULTURIST, H.NO 10-203, KENKERA VILLAGE, HEMAVATHI POST, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT, A.P. 515286. AADHAAR NO 3265 0054 6201

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2.SMT. RATNAMMA, W/0 YANJARAPPA, AGE ABOUT 59 YEARS. AGRICULTURIST, H. NO 10-231-C KENKERA VILLAGE, HEMAVATHI POST, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT, A.P. 515286. AADHAAR NO 3265 0054 6201

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...PETITIONER(S)

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DIST. A.P.

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THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT,^A.P.

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THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATYA SAI DISTRICT, A.P.

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THE TAHASILDAR, AMARAPURAMU, OFFICE OF THE TAHASILDAR, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT, A.P. 515286

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I

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TADEPPAGARI NARASIMHAMURTY, S/0 LATE TADEPPA, KENKERA VILLAGE, HEMAVATHI POST, AMARAPURAM MANDAL,

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2

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SRISATYASAI DISTRICT A.P. 515286

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1. T SHIVANNA. * tadeppa, kenkera village

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HEMAVATHI POST, AMARAPURAM MANDAL, SRI SATYA SAI

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district, A.P. 515286

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SATYA SAI DISTRICT, A P. 5°5286 MANDAL, SRI

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tadeppagari lakshmakka VILLAGE, prs™™.

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tadeppagari NAGAMMA, D/0 VILLAGE, HEMAVATHI POST late tadeppa, kenkera SATYA SAI DISTRICT, A.P. 515286 AMARAPURAM MANDAL, SRI anasuyamma, d/0 late tadeppa kenkera

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MANDAL, SRI

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...RESPONDENT(S)-

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circu::,^;:c:rst;drL''affi^ pleased to a. Issue a Writ of JanH ^'9^' Court ruay^be or Direction, directing Respondente NTlTo^r 1 °f "'PP''°P'''ete^Writ,Order, records pertaining to Survey No. 105-2 (Ac 7 38 c T‘1' (Ao. 7.94 Cents) of Hemavathi Revenue vLo ! c '' 6.08 Cents) of Nidragatta Revenue ^0^1™;" Sai District, by cancelling ail illeoal fra, ' Mandal,^SriSatya entries P'ade in the name of Respondlms 'n! 5 f s unauthorized persons, and entering the names of the PetiP ^"^uthorized of late Khandehalli Narasappras tie i.nH T?' '®9"' the said lands, b. direct the Re possessors of harassment and illegal land-grabbinaTrt^r No. 5 to 10 against the Petitioners and theirT^ Perpetrated^{byRespondents} secure their peaceful possession anT and properties without any further interference the ‘r ' particularly to the Petitioners ani their?'°r police protection tioners and their family members from the unlawful actions, threats.

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3

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intimidation, and physical attacks by Respondents No. 5 to 10, ensuring their safety and security, d. Pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the Official Respondents 1 to 4 to enter the Petitioners' names in the revenue records for Survey Nos. 105-2 (Ac. 7.38 Cents) and 106-1 (Ac. 7.94 Cents) of Hemavathi Revenue Village, and Survey No. 211-2 (Ac. 6.08 Cents) of Nidragatta Revenue Village, Amarapuramu Mandal, Sri Satya Sai District and-Pass

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Counsel for the Petitioner(S);

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PULAGALA GANGAPPA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following

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"ORDER::

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Heard Sri P.Gangappa, learned counsel for the petitioners^and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. The above writ petition has been filed to direct the respondents 1 to 4 to rectify the revenue records concerning Sy.No. 105-2 (Ac.7.38 cents), Sy.No.106-1 (Ac.7.94 cents) of Hemavathi Revenue Village and Sy.No.211-2 (Ac.6.08 cents) of Nidragatta Revenue Village, Amarapuramu Mandal, Sri Satya Sai District by cancelling the entries made in favour of the respondents 5 to 8 and further entering the names of the petitioners as original legal heirs of late Khandehalli Narasappa.

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i

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Learned counsel for the petitioners would submit that the petitioners are lineal descendants of late Khandehalli Narasappa. The then Thasildar assigned the aforementioned lands in favour of late Khandehalli Narasappa. The respondents 5 to 10 got their names mutated without knowledge of the

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4

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petitioners. The petitioners made a complaint under grievance cell on 10.07.2023 before the 2^^ respondent. Petitioners also made representation to respondents 2 to 4. However, the respondents did not take any action. 4. Learned Assistant Government Pleader for Revenue on instructions would submit that if petitioners are aggrieved by the^entries in the names of respondents 5 to 10, the petitioners have to file an appeal before the Revenue Divisional Officer-3'’'^ respondent as per Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. 5. In reply, learned counsel for the petitioners would submit that petitioners will file a statutory appeal before the Revenue Divisional Officer-3 rd respondent. 6. Given the facts and circumstances, without going into merits, the writ petition is disposed of, at the admission stage, with^{theconsentofboththe} learned counsel, giving liberty to the petitioners to file a statutory appeal under Section 5(4) of the Andhra Pradesh Rights in Land and^{PattadarPassBooks} Act, 1971 and the Rules made thereunder before the appropriate authority. Upon filing of the same, the learned authority shall consider the same strictly as per the provisions of the Act and the Rules made^{thereunder.Noorderas} to costs.

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As a sequel, pending miscellaneous petitions, if any,^{shallstandclosed.}

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//TRUE COPY//

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To,

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