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2025 DAILYLAW 11965 (AP)

VADLA KOTESWARAMMA v. THE STATE OF ANDHRA PRADESH

WP/7298/2025 · 2025-03-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010139992025 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: 7298/2025 Between: Vadla Koteswaramma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7298/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus to declaring the endorsement in ROC.No.B/113/2024 dated 22.11.2024 issued by the respondent No.4 stating that the land cannot be surveyed and updated in online revenue records in relation to the land to an extent of Ac.0.80 cents in Sy.No.309 of Sommireddipalli Village fields, B Matam Mandal, Y.S.R District in favor of the 1st petitioner and Ac.1.50 cents in Sy.No.309 in favor of the petitioner No.2 as illegal, arbitrary, discriminatory, unjust, contrary to the provisions under A.P. Rights in land and Pattadar Passbook Act, 1971 violative of Articles 14, 21 and 300A of the Constitution of India and consequently to direct the Respondent No.4 to update the online revenue records to an extent of Ac.0.80 cents in favor of the petitioner No.1 and Ac.1.50 cents in total in favor of the petitioner No.2 in Sy.No.309 situated in Somireddypalli Village fields, B Mattam Mandal, Y.S.R District by conducting the enquiry afresh by setting aside the impugned endorsement and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. The case of the petitioners in brief is that the petitioner No.1 herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.80 cents in Sy.No.309 situated in Somireddypalli Village fields, B Mattam Mandal, Y.S.R District having acquired the same through a registered gift deed dated 28.09.1997. Petitioner No.2 herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.50 cents (Ac.0.80 cents and Ac.0.70 cents) in Sy.No.309 situated in Somireddypalli Village fields, B Mattam Mandal, Y.S.R District having acquired the same through a registered will and settlement deeds dated 15.06.1995 and 25.01.1984 respectively. Since then, the petitioners herein are in peaceful possession and enjoyment of their respective properties and have been paying the requisite revenue cist without fail. 4. While so, when some third parties tried to interfere with the peaceful possession and enjoyment of the subject property of the petitioners, petitioner’s father was constrained to institute a suit in O.S.No.40 of 1999 on the file of Court of Junior Civil Judge, Badvel and the same was decreed in favour of the petitioners. Thereafter, the revenue authorities mutated the names of the petitioners in the revenue records in respect of their respective extent of lands. But for one reason or the other, the name of petitioner No.1 is not mutated in the online revenue records inspite of the manual records shows his name. So far as petitioner No.2 is concerned, the revenue authorities only mutated to an extent of Ac.0.40 cents in Sy.No.309 in the online revenue records and not the full extent of land for which the petitioner No.2 is claiming absolute rights. For which, the petitioners herein submitted a representation dated 28.09.2024 seeking to demarcate and reflect the online revenue records in their favour as the petitioners herein are in absolute owners and possessors of their respective lands referred supra. However, respondent No.4 issued an endorsement dated 22.11.2024 stating the subject land cannot be surveyed and demarcated on the ground that the petitioners did not submit any documents proving their title over the subject property. Aggrieved by the said endorsement the petitioner herein filed the present writ petition. 5. On the other hand, learned Government Pleader for Revenue submits that in order to demarcate the subject land and to update online revenue records in respect of their respective lands, the petitioners herein have to make an appropriate F-line application seeking sub-division of the subject land to respondent No.4 through Mee-seva by paying requisite fee. Despite the same, the petitioners’ land cannot be demarcated based on the representation submitted by the petitioner. He further submits that let there be a direction to the petitioners to submit a fresh F-line application seeking sub division of the subject land and to update the same in the online revenue records in respect of their respective lands through Mee-seva/AP Online/ Village Secretariats by paying requisite fee. On receipt of such application, the respondents will consider the same, within a reasonable time. 6. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to make an appropriate F-line application seeking to conduct sub-division of the subject land and to update the same in the online revenue records in respect of the subject property of the petitioners through Mee Seva/ AP Online/ Village Secretariat and on payment of requisite fee, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such application, the respondents are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, without reference to the endorsement dated 22.11.2024, within a period of three (03) months, thereafter, in accordance with law. 7. With the above directions, 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. _______________________________ VENKATESWARLU NIMMAGADDA, J 24.03.2025 BSP 151 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7298 of 2025 24.03.2025 BSP