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2025 DAILYLAW 10474 (AP)

Munuru Arujun Rao v. The State of Andhra Pradesh,

WP/6358/2025 · 2025-03-24

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ^ WRIT PETITION NO: 6358 OF 2025 Between: Munuru Arujun Rao, S/o. Late Muunuru Gaviresu, Aged about 37 years, R/o. Ramannapatem Village, Makavarapaiem Mandal, Anakapalli District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The Collector, Anakapalli District, Anakapalli, 3. The Tahsildar, Makavarapaiem Mandal Anakapalli 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, order or direction preferably a writ in the nature of Mandamus declaring the action of the Respondents 2 and 3 in not taking action on my Grievance Application No.RSANPL202412164 64, dated.16.12.2024 and not received Form-6A for mutating my name in respect of 3 acres land covered by Survey No.620-7 of Rachapalle Village, Ramanappalem, Makavarapaiem Mandal, Anakapalli District assigned to my father Late Sri Munuru Gaviresu vide Assignment Order bearing D.C.No.568/85 issued by the 3rd Respondent as illegal, arbitrary, contrary to Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 violative of Article 300-A of the Constitution of India and consequently direct and ■’ :/ r% the Respondents to consider Grievance Application NO.RSANPL20241216464, dated. 16.12.2024 and mutate my name in the my revenue records in respect of the above lands. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider my Grievance Application NO.RSANPL20241216464, dated.16.12.2024 and Form-6A for mutating my name in respect of 3 acres land covered by Survey No.620-7 of Rachapalle Village, Ramanappalem, Makavarapalem Mandal, Anakapalli District assigned to my father Late Sri Munuru Gaviresu vide Assignment Order bearing D.C.No.568/85 issued by the 3*^^ Respondent pending disposal of the writ petition. Counsel for the Petitioner: SRI M SIVA KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER MWWe*-;--..,. APHC010119012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6358/2025 Between: ...PETITIONER Munuru Arujun Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M SIVA KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6358/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- ...to issue a writ, order or direction preferably a writ in the nature of Mandamus declaring the action of the Respondents 2 and 3 in not taking action on my Grievance Application No.RSANPL20241216464, dated 16.12.2024 and not received Form-6A for mutating my name in respect of 3 acres land covered by Survey No 620-7 of Rachapalle Village, Ramanappalem, Makavarapalem Mandal, Anakapalli District assigned to my father Late Sri Munuru Gaviresu vide Assignment Order bearing D.C.No.568/85 issued by the 3'^ Respondent as illegal, arbitrary, contrary to Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, and violative of Article 300-A of the Constitution of India and consequently direct the Respondents to consider my Grievance Application NO.RSANPL20241216464 dated 16.12.2024 and mutate my name in the revenue records in respect of the above lands and pass. ” Heard the learned counsel for the petitioner and the 2. learned Assistant Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner made an application under PGRS dated 16.12.2024 and Form-6A was submitted seeking for mutating his name in the revenue records in respect of the subject land. But so far the respondent authorities have neither considered the said application nor received Form-6A. As such, the petitioner prayed for a direction to respondents to dispose of the Form-6A by fixing a time frame. 4. On the other hand, learned Assistant Government Pleader for Revenue submits that, if the petitioner wants to mutate his name in the revenue records, he has to make an application through Mee- Seva or Grama Sachivalayam in view of G.O.Ms.No.209 Revenue (EA & AR) Department, dated 14.06.2017 and G.O.Ms.No.3 Information Technology & Communications (Infra) Department, dated 22.02.2012, then the revenue authorities would consider the but the petitioner did not do so, as such, the authorities cannot consider the application of the petitioner. 5. To the said submission, learned counsel for the petitioner requested to give a liberty to the petitioner to make application same through Mee-SevaA/illage Secretariat as per the said G.O. 6. Taking the submissions of learned counsel for the learned Assistant Government Pleader for petitioner as well as Revenue into consideration, as the petitioner agreed to submit application through Mee-seva/village Secretariat and the authorities have expressed their intention to consider the same, as such there is no purpose in keeping this Writ Petition for inviting counter, since this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be of the judgment of the Apex Court in The Government of India vs. P. Venkatesh' , wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. Therefore, this Court is inclined to issued, in view ^ 2004 (1) see 769 i 4 dispose of the Writ Petition, at the admission stage, with the following direction: 1. The petitioner is at liberty to make application through Mee-SevaA/illage Secretariat as per G.O.Ms.No.209 Revenue (EA & AR) Department, dated 14.06.2017 and G.O.Ms.No.3 Information Technology & Communications (Infra) Department, dated 22.02.2012 within a period of four weeks from the date of receipt of copy of this order. 2. On such application, the respondent authorities are directed to consider and dispose of the same, after providing opportunity of hearing to the petitioner and other stakeholders, if any, in accordance with law, within a stipulated time as per the rules in vogue and communicate the same to the petitioner. 7. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. 8. Consequently, miscellaneous applications pending if any, shall stand closed. no Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// i^^FF SECTI OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi Guntur District. 2. The Collector, Anakapalli District, Anakapalli, 3. The Tahsildar, Makavarapalem Mandal Anakapalli District. 4. One CC to Sri M Siva Kumar Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies TF p HIGH COURT DATED:24/03/2025 ORDER WP.No.6358 of 2025 X 2APR 2025 a^ Current Secuon ^ DISPOSING OF THE W.P., WITHOUT COSTS