Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 12684 (AP)

KOMMANABOINA SRINIVASA RAO v. THE STATE OF AP

WP/7805/2025 · 2025-03-28

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010149552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7805/2025 Between: Kommanaboina Srinivasa Rao and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7805/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 5 and 6 in not taking action on the petitioners representations dated 31.12.2024 and 07.01.2025 including latest one dated 25.02.2025 for mutation of our names in online web land revenue registers, l-B(ROR), Adangal Pahani and granting the E- Pattadar Pass books and Title Deeds in our favour in respect of the land for an extent of Ac.0.90 cents, Ac.0.46, Ac.1.19 cents, Ac.0.22 cents, Ac.0.15 cents, Ac.0.81 cents in respectively covered by Survey Nos.214/6, 194/7, 213/7, 193/10, 193/6, 202/9 of Gavinivaripalem Revenue Village, Chirala Mandal of Bapatla District and the land for an extent of Ac.1.19 cents, Ac.1.51 cents, Ac.1.00 cents, Ac.1.00 cents, Ac.2.24 respectively covered by Survey Nos.376/5, 376/6, 355/2, of Maruproluvaripalem Revenue Village in Bapatla Mandal of Bapatla District as illegal, irregular, irrational, discriminatory and amounts to non-discharge of statutory and legal obligation conferred respondents under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed thereunder and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondent Nos. 5 and 6 to consider the petitioners representations dated 31.12.2024 and 07.01.2025 including latest one dated 25.02.2025 for mutation of names in online web land revenue registers, l-B(ROR), Adangal Pahani and granting the E-Pattadar Pass books Cum Title Deeds in our favour in respect of the aforesaid lands and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that originally the petitioners’ mother is the absolute owner and possessor of the lands admeasuring to an extent of Ac.0.90 cents, Ac.0.46 cents, Ac.1.19 cents, Ac.0.22 cents, Ac.0.15 cents, Ac.0.81 cents respectively covered by Survey Nos.214/6, 194/7, 213/7, 193/10, 193/6, 202/9 of Gavinivaripalem Revenue Village, Chirala Mandal of Bapatla District and the lands for an extent of Ac.1.19 cents, Ac.1.51 cents, Ac.1.00 cents, Ac.1.00 cents, Ac.2.24 respectively covered by Survey Nos.376/5, 376/6, 355/2 situated at Maruproluvaripalem Revenue Village, Bapatla Mandal, Bapatla District. Thereafter, the revenue authorities mutated the name of petitioners’ mother in the revenue records and also issued pattadar pass books and title deeds in her favour. While so, when some third parties tried to interfere with the peaceful possession and enjoyment of the subject properties, petitioners’ mother herein filed a suit in O.S.Nos.126 of 1997 and 77 of 1997 seeking permanent injunction and the same were decreed vide orders dated 26.04.2002 and 07.09.2004. Later, after demise of the petitioners’ mother, the petitioners herein became the absolute owners of the subject properties. For which, the petitioners herein made several representations dated 31.12.2024 and 07.01.2025 and 25.02.2025 seeking mutation of their names in the online web land registers i.e., 1-B (ROR), adangal pahani to respondent Nos. 5 and 6. Even after receipt of the said representations, the respondents neither considered the same nor issued any proceedings. Hence, the writ petition. 5. On the other hand, learned Government Pleader appearing for the respondents furnished written instructions dated 28.03.2025, wherein, the relevant portion of the said instructions is extracted hereunder: “It is further submitted that it is correct that it is the obligation of the respondents to conduct an enquiry and pass orders in accordance with Sections 4 and 5 of the Act. In this connection it is submitted that as per Rule 18(2), the intimation of acquisition of rights to Tahsildar under Section 4(1) by any individual shall be in form-VIA either at Meeseva Centre or Village Secretariat. The writ petitioners have filed representation to the Tahsildar, Chirala instead of filing application in Form-VIA through Meeseva or village secretariats.” 6. On perusal of the said instructions, it is evident that the petitioners herein did not submit any appropriate application seeking mutation their names in respect of their respective properties in the revenue records. As such, the petitioners herein have to make appropriate applications in Form-6A to respondent authorities through Mee-seva by paying requisite fee. Notwithstanding the same, the petitioners herein are not entitled to claim mutation of their names in respect of their properties only basing on their representations. He further submits that let there be a direction to the petitioners to submit a fresh applications seeking mutation of their names in respect of their respective properties in the revenue records in Form-6A through Mee-seva/ AP Online/ Village Secretariats by following proper procedure in terms of G.O.Ms No.209 dated 14.06.2017 to the respondent authorities by paying requisite fee. On receipt of such applications, the respondents will consider the same, within a reasonable time. 7. Having regard to the submissions made by the learned counsel for the petitioner 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 petitioners to make appropriate applications in Form-6A to the respondent authorities strictly adhering to the provisions of the Andhra Pradesh Land in Pattadar Pass Books Act, 1971 and Rules framed therein from time to time for mutation of their names in respect of their respective properties in the concerned revenue records through Mee Seva/ AP Online/ Village Secretariat and also in terms of G.O.Ms.No.209 dated 14.06.2017 and on payment of requisite fee, along with all the required documents, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such applications, the respondents are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months, thereafter. 8. With the above directions, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 28.03.2025 BSP 266 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7805 of 2025 28.03.2025 BSP