Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 11166 (AP)

Nallani Venkatanaidu v. The State of Andhara Pradesh,

WP/6522/2025 · 2025-03-17

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 SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAl5fefi^ WRIT PETITION NO: 6522 OF 2025 Between: 1. Nallani Venkatanaidu, S/o Late Nallani Narayan, Age about 66 years, occ Agricultural, R/o House no.8-63, J Kothapalli (V), Kothapalli (M), Anathapur (D), AP. 2. Gutha Lakshmi Narasimhulu, S/o Gutha Pedda Pullappa, Aged 63 Years, Occ Agricultural, R/o House no. 8-76-A, J Kothapalli(V), Peddapappuru Amalladine (M), Anathapur (D), AP. 3. Kuchi Chalapathy, S/o Late Kuchi Venkata Ramanna, Aged 46 Years, Occ Agricultural, R/o House Kothapalli (M), Anathapur (D), AP. 4. Veluri Pullappa, S/o Veluri Adinarayana, Aged 45 Years, Occ; Agricultural R/o House no.8-59-A, Kothapalli (V), kothapalli (M), Anathapur, AP. ...PETITIONERS AND 1. The State of Andhara Pradesh, rep. by its Principal Secretary, Revenue Department(Stamps and Registration) Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Anantapur District, Anantapur. 3. The Thasildar, Thadipatri, Tadipatri Mandal, Anathapur 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 an appropriate Writ, Order or Direction, more particularly on in the nature of Writ of Mandamus declaring the action of the 3'*^ Respondent in not considering the application of the petitioners for mutation, in respect of agricultural land an extent of Ac. 2.45 Cents in Sy No. 54 situated at Arakativemula Village, A Kondapuram Grampanchayat, Putlur Mandal and Tadaipathri Sub-Division, Anantapur District, as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act- 1908, and Violation of Article 14 of Constitution of India, and consequently Respondent to mutate the subject lands in the name of rd direct the 3 petitioners by considering their application and issue 1B and pattadar passbooks in accordance with law. 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 3"'^ Respondent to mutate in the name of petitioners by considering their applications and issue IB and patadar passbooks in accordance with law in respect of agricultural land an extent of Ac. 2.45 Cents in Sy No. 54 situated at Arakativemula Village, A Kondapuram Grampanchayat, Putlur Mandal and Tadaipathri Sub-Division, Anantapur District. Counsel for the Petitioners : SRI G. ESWARAIAH Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE(STAMPS AND REGISTRATION) The Court made the following: ORDER V % APHC010128192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6522/2025 Between: ...PETITIONER(S) Nallani Venkatanaidu and Others AND ...RESPONDENT(S) The State Of Andhara Pradesh and Others Counsel for the Petitloner(S): 1.G ESWARAIAH Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6522/2025 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 action of the respondent in not considering the application of the petitioners for mutation in respect of agricultural land an extent of Ac.2.45 Cents in Sy.No.54 situated at Arakativemula Village, A Kondapuram Grampanchayat, Putlur Mandal and Tadaipathri Sub-Division, Anantapur District as illegal, arbitrary, without jurisdiction, contrary to the provisions of Registration Act, 1908 and Violation of Article 14 of Constitution of India and consequently direct the 3^^ respondent to mutate the subject lands in the name of petitioners by considering their application and issue 1-B and pattadar passbooks in accordance with law and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners purchased an agricultural land admeasuring to an extent of Ac.2.45 cents in survey No.54 at Arakativemula Village, A Kondapuram Grampanchayat, Putlur Mandal and Tadaipathri Sub- Division, Anantapur District from their vendor through a registered sale deed dated 25.10.2021. The petitioners’ vendor purchased the same from his vendor vide document No.7550 of 2010 dated 24.08.2010. While things stood thus, one P.Naidu has filed a suit i.e.. 3 O.S.No.276 of 2013 seeking for cancellation of document No.7550 of 2010 dated 24.08.2010 and the same was dismissed on 02.08.2017. Later, the petitioners filed an application before the 3'^'^ respondent for mutation of their names in the revenue records as well as for issuance of the pattadar passbooks. But, the 3'"' respondent refused to consider the application of the petitioners. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents furnished the written instructions dated 12.03.2025, wherein it is stated as follows: “Further it is submitted that the petitioners Nallani Venkata Naidu and three others have purchased the document jointly in Sy.No.54 to an extent of Ac.2.45 cents and the petitioners Nallani Venkata Naidu and three others have not made the partition deed that how much extent is portioned to each. Hence, the Tahsildar, Putlur have not done the mutation in favour of the petitioners Sri Nallani Venkata naidu and three others." 5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions submitted by the learned Government Pleader, this Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents to consider the application of the petitioners and pass appropriate orders, within a period of two(2) months from the date of receipt of copy of this Order. ‘X 4 6. With the above directions, 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. Sd/- B.CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// P 5^ SECTION OFFICER To, 1. The Principal Secretary, Revenue Department(Stamps and Registration), State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi. The District Collector, Anantapur District, Anantapur. The Thasildar, Thadipatri, Tadipatri Mandal, Anathapur District. One CC to Sri G. Eswaraiah, Advocate [OPUC] Two CCs to GP for Revenue(Stamps & Registration), High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. ssb HIGH COURT DATED:17/03/2025 ORDER WP.No.6522 of 2025 5 2 0 MAR 2025 m p> ^ ^ Current section . DISPOSING OF THE W.P. WITHOUT COSTS