Extracted from the PDF above. The PDF is authoritative.
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APHC010127812025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6723/2025 Between: V Sugunamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. HANUMANTHA RAO BACHINA Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following ORDER:
1. The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief:
“..to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action on the part of the respondents more particularly the action of respondents No.3 and 4 in not effecting the mutations on the name of the petitioner in all the concerned revenue records including the State Web Iand and not issuing Pattadar
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Passbook in respect of the land to an extent of Ac.2.60 cents in Sy.No.666-5 siutated in Puttaparthi Village, Puttaprth Mandal Satya Sai District, considering the mutation application No.TMU24129086822, dated 19.12.2024 of the petitioner as illegal, arbitrary, Contrary to the Provisions of A.P. Rights in Land and Pattadar Passbook Act, 1971 and in violation of and Articles 14 and 21 of Constitution of Indi a and consequentially direct the respondents to consider the mutation application No TMU24129086822 dated 19.12.2024 and affect the mutations in respect of land Ac.2.60 cents in Sy.No.666-5 situated in Puttaparthi Village, Puttaprthi Mandal, Satya Sai District on the name of the petitioner in all the concern revenue records including the State Web-land and issue Pattadar Passbook in the interest of justice...”
2. The learned counsel for the petitioner submits that the petitioner was allotted patta land admeasuring to an extent of Ac. 2.60 cents in Sy. No. 666- 5, situated in Puttaparthi Village, Puttaparthi Mandal, Satya Sai District, by the Government through D-Form Patta proceedings dated 18.08.2008 under the landless poor people quota. Since the issuance of the patta, the petitioner has been in possession and enjoyment of the subject property from the past 17 years and has been cultivating the land. However, the petitioner's name was not mutated in the Adangal, 1-B records, or the online State Webland portal, and not issued pattadar passbook in favor of the petitioner.
Consequently, the petitioner submitted a mutation application dated 19.12.2024 to the respondent authorities, requesting the mutation of his name in the revenue records and the issuance of a pattadar passbook. Despite receiving the petitioner's representation, the respondent authorities neither considered the
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request nor issued the pattadar passbook, which is illegal and contrary under the provisions of A.P. Rights in land and Pattadar Passbooks Act, 1971. Hence, the present writ petition filed. 3. During hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider the representation of the petitioner dated 19.12.2024. 4. Learned Standing Counsel for Respondents readily agreed to consider the representation of the petitioner dated 19.12.2024, if any pending with the authorities. 5. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 6. In view of the submission of the learned government pelader for Respondents, 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 issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, 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 no service to the cause of justice. As the learned
1 2019 (8) SCALE 544
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counsel for the petitioner himself requested to issue a direction to consider the representation 19.12.2024, this Court find no other alternative except to issue such direction. 7. In the result, the writ petition is disposed of, directing the respondents to consider of the representation of the petitioner dated 19.12.2024 within a period of three (03) months from the date of receipt of a copy of this order by passing a speaking order. No costs. Consequently, interlocutory applications pending, if any, shall also stand closed.
________________________________ VENKATESWARLU NIMMAGADDA,J
Dt: 19.03.2025 klk
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166 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 6723 of 2025
19.03.2025
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