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Andhra Pradesh High Court - Amravati

Vardhineni Maladri vs The State Of Andhra Pradesh on 11 November, 2025

Author: D Ramesh

Bench: D Ramesh

APHC010572382025
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                    [3208]
                            (Special Original Jurisdiction)

              TUESDAY, THE ELEVENTH DAY OF NOVEMBER
                  TWO THOUSAND AND TWENTY FIVE

                                 PRESENT

                   THE HONOURABLE SRI JUSTICE D RAMESH

                        WRIT PETITION NO: 29532/2025

Between:

  1. VARDHINENI MALADRI, S/O (LATE) BALAIAH, AGED ABOUT 67
     YEARS, OCC. AGRICULTURIST, R/O DR. NO, 9-25-55D/6,
     JANTHAPETA, KAVALI, SPSR NELLORE DISTRICT, ANDHRA
     PRADESH-524 201.

  2. VARDINENI KONDAPA NAIDU,, S/O (LATE) BALAIAH AGED ABOUT
     74 YEARS, OCC. AGRICULTURIST, R/O DR. NO. 13-1-5/6/13A,
     AVANTHI NAGAR, OPP VIJETHA HIGH SCHOOL, MOTHI NAGAR,
     MOOSAPET, RANGAREDDI, HYDERBAD.

                                                         ...PETITIONER(S)

                                   AND

  1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
     SECRETARY,     REVENUE DEPARTMENT,    SECRETARIAT
     BUILDINGS, AMARAVATI.

  2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, ANDHRA
     PRADESH.

  3. THE REVENUE DIVISIONAL OFFICER, KANDAKUR DIVISION, SPSR
     NELLORE DISTRICT.

  4. THE TAHSILDAR,         KONDAPURAM     MANDAL,      SPSR   NELLORE
     DISTRICT.

                                                       ...RESPONDENT(S):
                                         2


      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 a Writ, order or direction, more particularly one in
nature of Mandamus declaring the action of actions of the Respondents in
unilaterally alienating the revenue records with respect to the land
admeasuring to an extent of Ac. 5.00 cents in Sy. No. 153/P of
Kunkuvaripalem Village, Kondapuram Mandal, SPSR Nellore District, Andhra
Pradesh for being illegal, arbitrary, violative of principles of natural justice,
contrary to the provisions of Andhra Pradesh Assigned Lands (Prohibition of
Transfers) Act, 1977 and Andhra Pradesh Rights in Land and Pattadar Pass
Books Act 1971 and rules made thereunder and violative to Article 19, 21 and
300-A of Indian Constitution and consequently, direct the Respondents to
rectify the entry of 'Gottipati Atchamma'by reinstating the correct name of the
original assignee 'Vardhineni Achamma' and not to interfere with the peaceful
possession of the Petitioner from the said extent of lands and pass

IA NO: 1 OF 2025

      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 not to interfere with the peaceful
possession of the Petitioner's land admeasuring to an extent of Ac. 5.00 cents
in Sy. No. 153/P of Kunkuvaripalem Village, Kondapuram Mandal, SPSR
Nellore District, Andhra Pradesh and pass

Counsel for the Petitioner(S):

   1. SINGAMSETTY V.M. SANKAR

Counsel for the Respondent(S):

   1. GP FOR REVENUE

The Court made the following:
                                      3


              THE HONOURABLE SRI JUSTICE D.RAMESH

                   WRIT PETITION NO: 29532 of 2025

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:-

"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in unilaterally altering the revenue records with respect to the land admeasuring to an extent of Ac.5.00 cents in Sy.No.153/P of Kunkuvaripalem village, Kondapuram Mandal, SPSR Nellore District as illegal and arbitrary".

2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue.

3. The learned counsel for the petitioners submits that in fact, the land has been assigned in favour of one Vardhineni Achamma and subsequently after conducting re-survey, the name of Vardhineni Achamma is recorded as "Gottipati Atchamma" in the revenue records. He further submits that as there is no legal heirs to the said assignee, she has bequeathed the said property to the petitioners vide transfer deed dated 25.04.2002. Accordingly, the petitioners have made representation before the concerned authorities on 07.10.2025 to correct the entries in the revenue records. Now, without considering the representation made by the 4 petitioners, the respondent authorities are trying to interfere with the possession of the petitioners.

4. Learned Assistant Government Pleader for Revenue, on instructions, submits that on enquiry the said original assignee "Vardhineni Achamma" has no legal heirs and after conducting re- survey, the land has been recorded as government land.

5. Considering the submissions made by both the learned counsel, as the petitioners have already approached the 4th respondent by filing an application on 07.10.2025, the respondent authorities are directed to consider the same by giving opportunity of hearing to the petitioner and pass appropriate orders. Till such time, the respondent authorities are directed not to interfere with the possession of the petitioners over the subject property.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel miscellaneous applications, pending, if any, shall also stand closed.

__________________ JUSTICE D.RAMESH Dt:11.11.2025 sj 5 246 THE HON'BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 29532 of 2025 11.11.2025 sj