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2025 DAILYLAW 12658 (AP)

BOYA SHEKAR v. THE STATE OF AP

WP/7706/2025 · 2025-03-27

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010149602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7706/2025 Between: Boya Shekar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G SEKHAR REDDY 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: 7706/2025 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 respondents more particularly the 4th respondent in not mutating the petitioner name in the revenue records including Web-Land Adangals/Records (Revenue Records) in respect of the land to an extent of Ac.0.72 cents in Survey No.162 of Kogilathota Village, Holagunda Mandal, Kurnool District by considering the petitioner representation dated 01.03.2025 is illegal, arbitrary, violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 4th respondent to conduct enquiry under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 in respect of the land in Sy.No.162 of Kogilathota village, Holagunda Mandal, Kurnool District 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 that the Government assigned the land admeasuring to an extent of Ac.1.44 cents in Sy.No.162 of Kogilathota Village, Holagunda Mandal, Kurnool District to the petitioner’s father by name Boya Yallappa. After the demise of the petitioner’s father, the petitioner and his elder brother partitioned the subject property into equal shares i.e., an extent of Ac.0.72 cents each. Since, then the petitioner has been in 3 peaceful possession and enjoyment of the subject property. The petitioner and his brother requested the revenue authorities to mutate their names in the revenue records. While things stood thus, the 4th respondent without issuing any notice to the petitioner and without conducting ROR enquiry mutated the petitioner’s elder brother name in the revenue records. Hence, the present Writ Petition. 4. Learned Assistant Government Pleader for the respondents submits that if the petitioner submits 6-A application through online, the respondents will conduct a detailed enquiry and dispose of the said 6-A application, within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit 6-A application through online, within a period of two(2) weeks from the date of receipt of copy of this Order. After receipt of the said 6-A application, the respondents are directed consider and dispose of the same after conducting a detailed enquiry by issuing notice to the legal heirs of the deceased Boya Yallappa, who is the original assignee and other 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 27.03.2025 TTPPSS 5 224 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7706 of 2025 27.03.2025 TTPPSS