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High Court of Andhra Pradesh · body

2025 DAILYLAW 12982 (AP)

Avula Thulasamma, v. The State of Andhra Pradesh,

WP/7994/2025 · 2025-03-28

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010154872025 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: 7994/2025 Between: Avula Thulasamma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7994/2025 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 a Writ of Mandamus or any other appropriate Wirt Direction or Order questioning the action of the 4th respondent in not carrying out the entries in the revenue record like E-Pattadar Passbook and Title Deed in respect of the land in Sy.No.121/7C of Putlampalli Village, Kadapa Revenue Division, Kadapa District as per the award in O.S.No.94 of 2008 dated 11.03.2011 as on ground is illegal, arbitrary and violative of articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to issue a fresh E-Pattadar Passbook and Title Deed in favour of the petitioner in Sy.No.121/7C of Putlampalli Village, Kadapa Revenue Division, YSR Kadapa District and pass such other order or orders….” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is in absolute possession and enjoyment of the land admeasuring to an extent of Ac.1.07 cents out of Ac.1.57 cents in Sy.No.121/7C situated at Putlampalli Village, Kadapa Revenue Division, YSR Kadapa District having acquiring the same by way of registered settlement deed dated 26.03.2007 executed by the petitioner’s husband. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from any quarter. For which, the revenue authorities issued pattadar passbook and title deed in her favour. 4. While things stood thus, one Avula Venkata Krishnaiah instituted a suit in O.S.No.94 of 2008 before the Senior Civil Judge, Kadapa seeking for partition of the plaint schedule property into two equal shares. Pending the suit, the parties entered into a compromise and the same was referred to the Lok Adalat Bench and the same was decreed by passing an Award dated 11.03.2011, allotting an extent of Ac.0.60 cents out of Ac.1.57 cents in favour of the plaintiff therein and remaining extent of Ac.0.97 cents in favour of the petitioner herein (who is defendant in the suit). Pursuant to the said order, the petitioner herein approached the local surveyor to measure and sub divide the land as per the terms of Lok-Adalat. Thereafter, the petitioner came to know that the land on ground is only to an extent of Ac.1.20 cents. As such, the petitioner herein and the plaintiff in the suit requested the local surveyor to divide the land into two shares. Thereafter, the petitioner herein filed a PGRS application dated 03.07.2023 to the respondents seeking correction of entries in revenue records in respect of her share in the subject property. Even after receipt of the said application, the respondents authorities did not choose to consider the same. Thereafter, the petitioner herein again submitted a representation dated 10.02.2025 seeking for correction of entries in the revenue records. Even after receipt of the said representation, the respondent authorities 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 27.03.2025, wherein, the relevant portion of the said instructions is extracted hereunder: “The petitioner herein has not filed Mutation for transaction application though online electronically from Ward / Village Secretariat in Form VI a in terms of Rule 18 (1) sub rule (2) of the A.P. Rights in Lands and Pattadar Pass Books Rules, 1989 as amended vide G.O.Ms. No. 271, Revenue (EA&AR) Department, dated 01.07.2016 for carrying changes in online web land adangal of Putlampalli Village, Kadapa Mandal and he simply filed application during PGRS which can't be processed in accordance with law. If at all, if the petitioner herein files online mutation of transaction application in Form VI as stated supra along with documentary evidences proving his rights and possession over the claiming land, the said application will be processed duly following the procedure enacted under the A.P. Rights in Lands &Pattadar Pass Books Act,1971 & Rules 1989 as amended therein. 6. On perusal of the said instructions, it is evident that the petitioner herein did not submit any appropriate application seeking correction of entries in respect of her property in the revenue records. As such, the petitioner herein has to make an appropriate application in Form-6A to the respondent Nos.3 & 4 through Meeseva by paying requisite fee. In the absence of same, the petitioner is not entitled to claim correction of entries in respect of her property based on the representation submitted by the petitioner. He further submits that let there be a direction to the petitioner to submit a fresh application seeking correction of entries in respect of her property 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 application, 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 petitioner to make an appropriate application 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 correction of entries 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 more particularly the award dated 11.03.2011, 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, 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 98 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7994 of 2025 28.03.2025 BSP