Andhra Pradesh High Court – Amravati
Setti Latchapatrudu vs The State Of Andhra Pradesh on 25 March, 2025
APHC010152442025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE TWENTY FIFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 7762/2025
Between:
Setti Latchapatrudu and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. T V SRI DEVI
Counsel for the Respondent(S):
1. GP FOR REVENUE
The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of
India seeking the following relief:
“to issue a writ order or direction more particularly one
in the nature of Mandamus declaring the action of the 4th
respondent in contemplating to mutate the names of 8th and
9th respondents in revenue records without issuing notice to
petitioners and without considering petitioners objections
dated 19.02.2025 not to grant pattadar pass book, title deeds
in respect of lands to an extent of Ac.5.25 cents in Sy.No.883
Ac.2.40 cts in Sy.No.90,Ac.4.04 cts in Sy No.1963 in total
Ac.11.69 cents situated in Amalapuram Village, Narsipatnam
Mandal, Anakapalli District, pending the Civil suit in
O.S.No.116 of 2022 old number O.S.No.7 of 2016 on the file
of VII Additional District and Sessions Judge Visakhapatnam
as illegal arbitrary and violative of Article 14 and 21 of
Constitution of India and consequently direct the respondent
Nos.2 to 4 not to mutate as the revenue entries in respect of
lands in Sy.88-3, 90 and 196-3 of Amalapuram Village,
Narsipatnam Mandal, Anakapalli District in favour of
respondent Nos.7 to 9 or any other person pending the Civil
suit in O.S.No.116 of 2022 old Number O.S.No.7 of 2016 on
the file of VII Additional District and Sessions Judge
Visakhapatnam and to pass such other order or orders…”
1. Heard the learned counsel for the petitioner and the learned
Government Pleader appearing for the respondents.
2. The case of the petitioner is that the 4th respondent has
contemplated issuing revenue records in favor of respondent Nos. 8 and 9
ignoring the claim of the petitioners, who are the legal heirs and rightful
owners of the subject property.
3. The learned counsel for the petitioners submits that, in view of the
order of this Court dated 19.02.2025 in W.P. No. 3701 of 2025, the 4th
respondent is contemplating to amend the revenue records in favor of
respondent Nos. 8 and 9, replacing respondent No. 6, who is the original
pattadar. Respondent No. 6 is the father of the petitioners, and the
petitioners are joint right holders along with him. However, without
considering the claims or objections of the petitioners, the 4th respondent
issued proceedings pursuant to the Court’s order dated 19.02.2025 in W.P.
No. 3701 of 2025. If such proceedings are carried out without due
consideration, the rights of the petitioners will be defeated. Hence, the
present writ petition.
4. On the other hand, the learned Assistant Government Pleader
submits that the order passed by this Court on 19.02.2025 in W.P. No.
3701 of 2025 clearly and categorically states that the 4th respondent shall
adhere to the principles of natural justice and issue notice to all the
interested parties concerned to the subject property. Therefore, the
petitioners’ apprehension is unfounded, as the 4th respondent will follow
the procedure as contemplated by this Court in its order dated 19.02.2025
in W.P. No. 3701 of 2025.
5. Having considered the submissions of the learned counsel for the
petitioners and the learned counsel for the respondents, the order passed
by this court dated 19.02.2025 in W.P. No. 3701 of 2025, as under:-
(4) “Needless to state that the respondent No.4 is
statutory obliged to adhere to the principles of natural
justice by issuing advance notice to all the interested
parties including the writ petitioners herein, consider
their submissions/objections and documents, if any,
before passing the final order.
(5) Writ petitioners are directed to submit a copy of
this order along with the photocopy of the application
for mutation dated 05.12.2024 (Ex.P1) to respondent
No.4 within one week from today, for effective
compliance”.
6. On perusal of the order of this Court, it is evident that the Court
specifically directed the 4th respondent to follow the principles of natural
justice and consider the claim of all interested parties before making any
amendments in respect of the subject property. Therefore, the 4th
respondent cannot deviate from the procedure prescribed by this Court. It
is a settled principle of law that once a Constitutional Court directs an
authority to follow a specific procedure, the authority is bound to comply
the same and cannot deviate from such procedure.
7. As contended by the learned counsel for the petitioners, the
petitioners have already raised objections before the 4th respondent
regarding their rights over the subject property. However, they are
contending that, without considering their objections, the 4th respondent is
proceeding to amend the Record of Rights (ROR) in favor of respondent
Nos. 8 and 9. This concern appears to be merely apprehensive, as the 4th
respondent has been specifically directed by this Court, in its order dated
19.02.2025 in W.P. No. 3701 of 2025, to consider all objections from all the
interested parties.
8. In view of the reasons stated above, the 4th respondent is once
again directed to consider the objections of the petitioners and pass
appropriate order under Section 5 of the A.P. Land Encroachment and
Pattadar Passbook Act, 1971, in compliance with this Court’s order.
Meanwhile, all parties concerned shall maintain the status quo obtaining as
on today in respect of the subject property.
9. With the above direction, the writ petition is disposed of. There shall
be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ
petition shall stand closed.
______________________________________
VENKATESWARLU NIMMAGADDA, J
25.03.2025
klk
115
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7762 of 2025
25.03.2025
klk
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