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2025 DAILYLAW 10082 (AP)

AKA VENKATA SUBRAMANYAM v. THE STATE OF ANDHRA PRADESH

WP/5722/2025 · 2025-03-18

Venkateswarlu Nimmagadda

body2025

Judgment text

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4 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5722 OF 2025 Between: Aka Venkata Subramanyam, S/o.Ramarao, Aged about 65 years, Occ: Senior Citizen, R/o.D.No.29-1-103, Brodipet, Guntur, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary - Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Guntur, Guntur District, 3. The Revenue Divisional Officer, Guntur Division, Guntur, Guntur District. 4. The Tahsildar, Pedakakani Mandal, Pedakakani, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 3 & 4 in not mutating the name of the petitioner in the relevant revenue records for the land in an extent of Ac. 12.04 cents in Sy.Nos.24-1 (Ac.2.89 cents), 24-2 (Ac.2.00 cents), 38 (Ac.5.61 cents) and 39 (Ac. 1.54y2 cents) of Pedakakani Village, Pedakakani Mandal, Guntur District though I have submitted representation dated 08.08.2024 requesting to rectification of entries in Record of Rights as illegal, arbitrary and violation of Article 300- A of the Constitution of India and consequently directing the respondents to consider the application NO.MUT250222054761 submitted through Mee- 4 of the name of the petitioner in the revenue records in Land and Pattadar Pass books Act, Seva for mutation under the provisions of AP Rights in 1971. lA NO: 1 OF 2025 Petition under Section circumstances stated in High Court may respondent Nos.4 NO.MUT250222054761 that in the 151 CPC is filed praying in the affidavit filed in support of the petition, the direction directing the the Mee-Seva application be pleased to grant interim & 5 to consider submitted by the petitioner for the land in an extent of Ac. 12.04 cents in Sy.Nos.24-1 (Ac.2.89 cents), 24-2 (Ac.2.00 cents), 38 (Ac.5.61 cents) and 39 (Ac.1.54y2 Pedakakani Mandal, Guntur District, pending disposal of the writ petition. Counsel for the Petitioner(s):SRI. B V ANJANEYULU Counsel for the Respondent No’s. 1 to 4: GP FOR REVENUE cents) of Pedakakani Village, The Court made the following ORDER: APHC010113292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5722/2025 Between; ...PETITIONER Aka Venkata Subramanyam AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.B VANJANEYULU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. India seeking the following relief; “to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents 3 and 4 in not mutating the name of the petitioner in the relevant revenue records for the land in an extent of Ac.12.04 cents in Sy Nos.24-1 Ac 2.89 cents, 24-2 (Ac 2 00 cents) 38 (Ac.5. 61 cents) and 39 (Ac.1.54 1/2 cents) of Pedakakani Village Pedakakani Mandal Guntur District though I have submitted representation dated 08.08.2024 requesting to rectification of entries in Record of Rights as illegal arbitrary and violation of Article 300A of the Constitution of India and consequently directing the respondents to consider the application NO. MUT250222054761 submitted through MeeSeva for mutation of the name of the petitioner in the revenue records under the provisions of AP Rights in Land and Pattadar Pass books Act 1971 and to pass such other order or orders..." Heard the learned counsel for the petitioner and the learned 1. Government Pleader appearing for the respondents. The case of the petitioner is that, the petitioner submits that the petitioner is the absolute owner and possessor of land measuring to a total extent of Ac. 12.04 cents in Survey Nos. 24-1 (Ac. 2.89 cents), 24-2 (Ac. 2.00 cents), 38 (Ac. 5.61 cents), and 39 (Ac. 1.54 72 cents) of Pedakakani Village, Pedakakani Mandal, Guntur District. The petitioner acquired this property through a registered Will dated 21.05.1981, executed by his 2. father. The learned counsel for the petitioner submits that the said properties originally belonged to Aka Dandayya Pantulu, the petitioner’s grandfather, who executed a settlement deed dated 19.04.1944 in favor of the petitioner’s father. The petitioner’s father remained in possession of the properties until his demise and, during his lifetime, executed a registered Will dated 21.05.1981, distributing the properties among the petitioner, his brothers, and their mother. The petitioner submitted a representation dated 08.08.2024 to the 4th respondent, requesting the mutation of his name in 3. t the revenue records in respect of the subject properties. However, even after receiving the petitioner’s representation dated 08.08.2024, the respondents authorities neither considered the representation nor issued any mutation proceedings in favor of the petitioner. Hence, the present writ petition. On the other hand, the learned Government Pleader for Revenue 4. appearing for the respondents, submits that if the petitioner submits a fresh representation, the respondents will consider the same and pass appropriate orders in accordance with the law. Having regard to the submissions made by the learned counsel for 5. the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record. this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the petitioner to submit an application in Form No.6A seeking for mutation of his name in the revenue records, pursuant to the registered Will said to have been executed by his father in the year 1981, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of the said representation/application, the respondents shall consider the same and, after issuing notice to the other legal heirs of Aka Dandayya Pantulu (the petitioner’s grandfather) and any other stakeholders, including those claiming rights by way of tenancy, encroachment, or occupation, and after having detailed enquiry. Thereafter, the respondents shall pass appropriate orders within a period of three (03) months, in accordance with the law. 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. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// OFFICER To 1. The Principal Secretary - Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Guntur, Guntur District, 3. The Revenue Divisional Officer, Guntur Division, Guntur, Guntur District. 4. The Tahsildar, Pedakakani Mandal, Pedakakani, Guntur District. 5. One CC to SRI. B V ANJANEYULU, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies PRK HIGH COURT DATED:18/03/2025 ORDER WP.No.5722 of 2025 2 4MAK2I25 | Current Section .^ DISPOSING OF THE W.P. WITHOUT COSTS