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2025 DAILYLAW 10898 (AP)

PENKI BABJI v. THE STATE OF AP

WP/6440/2025 · 2025-03-18

Venkateswarlu Nimmagadda

Public Interest Litigationbody2025

Judgment text

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APHC010125012025 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: 6440/2025 Between: Penki Babji ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1. GNANESWARA RAO MITTIREDDI Counsel for the Respondent: 1. The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6440/2025 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 more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents herein in not mutating the name of petitioner in entries in the revenue records with digitally sign in web land of Revenue Department for record of rights, such as, pattadar passbook and title deed, adangal/pahani, 1-A, 1-B relating to petitioner’s landed property and issuing pattadar pass book and title deed cum e-pass book electronically, in favour of petitioner in respect of the lands, which are situated to an extent of Ac.0.13 cents in Sy.No.49-2, Ac.0.04 cents in Sy.No.49-3 and Ac.0.11 cents in Sy.No.49-4 of Rompillivalasa, for total extent of Ac.0.28 cents, which are located in Rompillivalasa Village of Ramabhradrapuram Mandal, Vizianagaram District, contrary to the provisions of A.P. Rights in Land and Pattadar Passbook Act, 1971 and Rules framed thereunder, without following procedure established by law, as illegal, arbitrary, contrary to law and violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to mutate the name of petitioner by making entries in the revenue records for the above land and issue pattadar passbook and title deed cum e-pass book in respect of the total extent of Ac.0.28 cents in favour of the petitioner and pass such other order.” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits the petitioner made two applications seeking to mutate his name in the revenue records in respect of the subject property. But the respondents failed to consider the same. Hence, the Writ Petition. 3 4. Learned Assistant Government Pleader for Revenue furnished written instructions dated 12.03.2025, wherein it is stated as follows: “It is respectfully submit that there is a title dispute between the writ petitioner and Smt Penki Simhachalam, W/o.Thavitayya of Arikithota Village on the writ petition schedule lands. Hence, the writ petitioner mutation application was rejected with a direction to approach proper forum for title declaration over the writ petition schedule land vide Rc.No.34/2023/B dated 14.09.2023 of the Tahsildar, Ramabhadrapuram. There is no further appeal U/s.5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 or Revision petition U/s.9 of the Act was not filed in the matter.” 5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Assistant Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to prefer a statutory appeal before the 4th respondent, within a period of thirty (30) days from the date of receipt of copy of this Order. After filing the said appeal by the petitioner, the 4th respondent is directed to consider the same and pass appropriate orders, after providing opportunity of hearing to the parties concerned, within a period of three(3) months thereafter. 4 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 18.03.2025 TTPPSS 5 505 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6440 of 2025 18.03.2025 TTPPSS