Nallamothu Chalapathi Rao Vs the State of Ap

NALLAMOTHU CHALAPATHI RAO, S/O.LATE NALLAMOTHU VENKAIAH, AGED ABOUT 74 YEARS R/O.2-84/1, MAIN STREET, ADUSUMALLI, PARCHUR, PRAKASAM DISTRICT, A.P-523169 .

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...PETITIONER

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AND

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THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, S.P.S.R NELLORE DISTRICT-524001, A.P

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THE REVENUE DIVISIONAL OFFICER, S.P.S.R NELLORE DISTRICT524001, A.P

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THE TAHSILDAR, KASUMURU VILLAGE, VENKATACHALAM MANDAL S.P.S.R NELLORE DISTRICT-524320, A.P

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THE MANDAL SURVEYOR, VENKATACHALAM MANDAL, S.P.S.R NELLORE DISTRICT-524320, A.P

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GOTHAM SUGUNA, W/O.SRINIVASULU REDDY, R/O.GANDAVARAM VILLAGE, KODAVALUR MANAL SPSR NELLORE DISTRICT, A.P- 524317

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SMT K KALAVATHI, W/O. LATE SUBRAMANYAM, R/O.D.NO.1-1507, PADUGUPADU VILLAGE KOVUR MANDAL. SPSR NELLORE DISTRICT, A.P- 524137

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...RESPONDENT(S):

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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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Certiorari, to be issued to the 3rd Respondent calling for the record in impugned proceedings vide D. Dis. No. 271/E/2025 dated. 17.12.2025, without passing any speaking or wellreasoned order, and quash the same as it is arbitrary, illegal and devoid of merits and contrary to the provisions of Andhra Pradesh Rights in Land and Pattadhar Pass Books Act, 197T and amendments from time to time. Contrary to the Operational Guidelines issued by the Chief Commissioner of Land Acquisition (CCLA), A.P Vide No.REV05- 19022/7/2022-l-SEC, dated.21.04.2022, and Articles 14, 21 and 300A of the Constitution of India and / or pass

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IA NO: 1 OF 2026

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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 pleased to direct the Respondents herein not to interfere with the possession of the petitioners in their private lands situated in S.No.1/4 of an extent of Ac.13.00Cents of KasumuruVillage, Venkatachalam Mandal, SPSR Nellore District and pass

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IA NO: 2 OF 2026

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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 pleased to suspend the operation of impugned order passed by the 3rd Respondent vide D.Dis.No.271/E/2025 Dated 17.12.2025 and pass

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Counsel for the Petitioner:

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1.CKR ASSOCIATES

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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 ORDER:

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 5.

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The issuance of the notices to the unofficial respondent Nos.6 and 7 is dispensed with, as no prejudice would cause to them, even if it is disposed of in their absence.

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This Writ Petition was filed questioning the order passed by the 3^rd respondent dated 17.12.2025, confirming the order of the 4^th respondent dated 11.01.2024.

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The learned counsel for the petitioner submits that both the above said authorities went erroneously both on facts and law. It is the contention of the petitioner that the grounds raised in the appeal from the paragraphs (A) to (D) were not considered by the said appellate authority in the above said impugned order.

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The learned counsel for the petitioner further submits that the appellate authority concerned failed to consider the jurisdiction of the original authority/4^th respondent in entertaining the suo-moto enquiry on the F-line application made by the 7^th respondent, converting it into an application for mutation of the names of the parties concerned with respect to the subject land to exercise powers under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.

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On the other hand, the learned Assistant Government Pleader submits that pursuant to the purchase of the subject property in a Court auction, it appears that the 7^th respondent approached the 4^th respondent for mutation of his name and incidentally sought for conducting of survey by fixing the boundaries.

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In view of the same, the 4^th respondent considered the petitioner’s application for mutation and as well as for consequential relief of conducting of survey of the subject land while exercising the power under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Since the petitioner is aggrieved of the same, he preferred an appeal before the appellate authority and the said appeal was dismissed confirming the orders of the 4^th respondent herein, as it did not find any infirmity in the said proceedings of the 4^th respondent. Still, the petitioner has got an effective alternative remedy to file a revision before the revisional authority/ the Joint Collector. Surpassing the same, this Writ Petition is filed, which cannot be entertained.

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In view of the above said facts and circumstances and upon consideration of the rival submissions made, since there is an effective alternative remedy of revision available for the petitioner, the petitioner is permitted to file a revision before the Joint Collector, Nellore/ revisional authority against the order of the 3^rd respondent dated 17.12.2025, enclosing all the necessary documents in support of his claim, within a period of four

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(04) weeks from the date of receipt of copy of this Order. On filing of such revision by the petitioner, the revisional authority concerned shall consider and dispose of the same strictly in accordance with law by hearing all the parties concerned including the petitioner and the unofficial respondent Nos.6 and 7,

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giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably within a period of three (03) months thereafter. Pending

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disposal of the above said revision that may be filed by the petitioner as directed, there shall be an order of status-quo as on today to be maintained with respect to the subject land in respect of the mutations. In default of filing the revision before the above said stipulated time, the interim protection granted by this Court stands vacated automatically.

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