1 APHC010172202020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10884/2020 Between: Jestadi Swaraj ...PETITIONER AND The State Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V VENKATA RAVI SANKAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2 The Court made the following order: 1. It is the case of the petitioner that his mother made a representation to the 4th respondent requesting to grant DKT patta in respect of the land to an extent of Ac.2.50 cents in Sy.No.232-1 in Gangavaram Village, Seetharampuram Manadal, SPSR Nellore District. 2. It is his case that she was in occupation of the said land since long time and therefore the said request was made and upon conducting an enquiry, the 4th respondent issued D- form patta in her favour on 27.04.2002. Since the date of grant of the said patta, the mother of the petitioner was in uninterrupted and continuous possession over the land assigned to her and she was eking out livelihood by doing agricultural activities. It is the further case of the petitioner that his mother’s name was also mutated in the revenue records and she was issued pattadar passbook and title deed. While so, in the year 2014, his mother was expired and in those circumstances, the petitioner made a representation to the 4th respondent requesting to mutate his name in revenue records over the subject land. It is further case of the petitioner that despite a representation made to the 3 respondents, no action was taken and the same was kept pending. 3. It is alleged that the 4th respondent along with his staff visited the land of the petitioner on 27.02.2020 and on 28.05.2020 stating that the subject land was identified for allotting house sites under Navaratnalu Pedhalandariki Illu scheme. It is further case of the petitioner that he is in actual physical possession of the land in dispute and without issuing notice the respondents tried to interfere with the possession of the petitioner, he filed the present writ petition. 4. This Court, by order dated 06.07.2020, directed both the parties to maintain the status quo with regard to possession of the lands. The said interim order is subsisting as on today. 5. On the other hand, the 4th respondent filed counter affidavit stating that the mother of the petitioner was not granted assignment over an extent of Acs.2.50 cents in Sy.No.232-1. It is further averred in the counter that the name of the petitioner’s mother was not entered in D-register and therefore the alleged patta in favour of the petitioner’s mother is not genuine as the same was not implemented in the D-register. It is further averred that mere stray entry in the revenue record would not confer any 4 title, therefore the alleged DKT patta relied on by the petitioner cannot be considered. It is further averred that the present writ petition is filed only to stall developmental activities under taken by the Government and prayed to dismiss the writ petition. 6. The petitioner filed a reply affidavit by enclosing a copy of endorsement dated 05.08.2020 issued by the 4th respondent-Tahsildar. 7. On a perusal of the said endorsement, it is clear that the petitioner made an application under Right to Information Act, 2005 seeking to furnish the information with regard to the issuance of pattadar passbook in favour of his mother. The 4th respondent along with endorsement dated 05.08.2020 furnished the copy of pattadar passbook issued in favour of the mother of the petitioner and on perusal of the same, it is clear that DKT patta was issued in her favour over an extent of Ac.2.50 cents in Sy.No.232/1 of Gangavaram Village, Seetharamapuram Mandal, SPSR Nellore District. 8. Though the learned Assistant Government Pleader for Revenue strenuously contended that in view of the fact that the name of the petitioner’s mother is not entered into D-register, there is any amount of doubt with regard to issuance of DKT patta 5 in her favour and even if it is assumed, the same is not implemented by entering her name in D-register. The argument of the learned Assistant Government Pleader cannot be accepted for the reason that the petitioner has made an application under Right to Information Act seeking to furnish the details of issuance of pattadar passbook in favour of his mother and in pursuance of the same, the 4th respondent issued an endorsement dated 05.08.2020 along with copy of the pattadar passbook. On a perusal of the same, it is clear that the name of the petitioner’s mother is entered into revenue records maintained by the 4th respondent. 9. Merely because the D-register does not contain the name of the petitioner’s mother, will not disentitled them from claiming the D-form patta, which was issued way back in the year 2002. Furthermore, entering the name of assignee in D-Register is ministerial act which has to be done by the 4th respondent. The act of omission on the part of the 4th respondent cannot be put against the petitioner, more particularly when the 4th respondent himself issued an endorsement dated 05.08.2020 admitting the factum of issuance of DKT patta and pattadar passbook in her favour. Therefore, the contention of the learned Assistant 6 Government Pleader that DKT patta was not issued in favour of the petitioner’s mother is hereby rejected. As already stated, this Court, by order dated 06.07.2020, directed the parties to maintain the status quo with regard to possession of the land and in view of the same the respondents had not interfered with the possession of the petitioner. 10. For the foregoing reasons, the Writ Petition is allowed directing the respondents 2 to 4 not to interfere with the possession of petitioner in respect of land admeasuring an extent of Ac.2.50 cents in Sy.No.232-1 of Gangavaram Village, Seetharampuram Mandal, SPSR Nellore District. No costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.20.03.2025 JLV 7 416 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR W.P.No.10884 of 2020 Date: 20.03.2025 JLV