APHC010198332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SAB FRIDAY,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13238 OF 2025 Between: Yesuru Narasamma, S/o Yesuru Yellaiah, Aged about 65 years, R/o 1/198, Harijana Wada, Thimaiagaripalli Village, Chitvel, Annamaih Dt (Earlier part of Kadapa District)-51612. ...PETITIONER AND 1. TheStateofAndhraPradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector of Annamayya District, (Earlier part of Kadapa District), Rayachoti. 3. The Sub Collector, O/o Revenue Divisional Office, Rajampet, Annamayya District. (Earlier part of Kadapa District). 4. The Tahsildar, Chitvel Mandal Annamayya District. (Earlier part of Kadapa District) 5. Pandhikalla Sreenivasulu, S/o Ramaiah), Aged about 47 years, Harijana Wada), Thimaiagaripalli Village, Chitvel Annamayya District), (Earlier part of Kadapa District)-516128. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Mandamus in an order or direction, more in the nature of Writ of declaring the action of Respondents, more particularly Respondent No.2 herein in issuing endorsement vide No.D2/441/2025 dated 03.03.2025 rejecting the application of the Petitioner for mutation in the j^ebland pertaining to land admeasuring an extent of Ac.0.35 cents in Sy.No.347/6 and Ac.0.56 cents in 350/3 of mallemarpuram Village, Chitvel Mandal, Annamayya District (Eariier part of Kadapa District) and directing Respondent No.4 to initiate action against the Petitioner the under A.P Assigned Lands (POT) Act, 1977 as being illegal, unjust, arbitrary, violative of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, and violative of Articles 14, 19(1)(g) and 300A of India and Consequently set aside the of the Constitution impugned endorsement vide the Respondent Nos.2 admeasuring an extent of Ac.0.35 cents in No.D2/441/2025 dated 03.03.2025 and further direct to 4 to restore possession of land Sy.No.347/6 and Ac.0.56 cents i Mandal, Annamayya District (Earlier part of Kadapa District). 350/3 of mallemarpuram Village, Chitvel in lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein to not allot/transfer the praying that in the circumstances stated admeasuring an extent of land admeasuring an extent of Ac.0.35 cents in Sy.No.347/6 and Ac.0.56 cents in 350/3 of Mallemarpuram Village, Chitvel Mandal, Annamayya District (Earlier part of Kadapa District) in favour of the third parties, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. VENKATA SUBBAIAH Counsel for the Respondent Nos.1 to 4: Counsel for the Respondent No.5: The Court made the following: ORDER GP FOR REVENUE ::1:: APHC010198332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY .THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13238/2025 Between: Yesuru Narasamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K VENKATA SUBBAIAH Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the followinqORDER: The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief: 1. “..to issue an order or direction more ) nature of Writ of Mandamus in declaring the action or Respondents more particularly Respondent No 2 herein in issuing endorsement 2 vide NO D2/441/2025 dated 03 03 2025 rejecting theapplication of the Petitioner for mutation in the webland pertaining to land admeasuring an extent of Ac 0 35 cents in Sy No 347/6 and Ac 0 56 cents in 350/3 of mallemarpuram Village Chitvel Mandal Annamayya District Earlier part of Kadapa District and directing the Respondent No 4 to initiate action against the Petitioner under A P Assigned Lands POT Act 1977 as being illegal unjust arbitrary violative of the provisions of the Andhra Pradesh Assigned Lands Prohibition of Transfer Act 1977 and violative of Articles 14 191g and 300A of the Constitution of India and Consequently set aside the impugned endorsement vide NO D2/441/2025 dated 03 03 2025 and further direct the Respondent Nos 2 to 4 to restore possession of land admeasuring an extent of Ac 0 35 cents in Sy No 347/6 and Ac 0 56 cents in 350/3 of mallemarpuram Village Chitvel Mandal Annamayya District Earlier part of Kadapa District and pass such other order/orders as this Honble Court may deem fit and proper in the circumstances of the case and to passsuch order...” Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 2. The learned counsel for the petitioner submits that the Webland pertaining to land admeasuring an extent of Ac. 0.35 cents in Sy. No. 347/6 and Ac. 0.56 cents in Sy. No. 350/3 of Mallemapuram Village, Chitvel Mandal, Annamayya District (earlier part of Kadapa District), was assigned in favour of the petitioner’s husband vide DKT No. 49/1412, dated 08.01.2003. Since the date of assignment, the petitioner and her predecessors have been in continuous possession and enjoyment of the subject land. After the demise of her husband, the petitioner submitted an application for mutation on 19.12.2024 under PGRS No. ANMY202412199190. Pursuant to this application, the 2^"* respondent issued an endorsement dated 03.03.2025 stating that the petitioner s husband had vacated the subject property in favour 3. 3 of third parties, who were recorded as possessors of the said land in the year 2024. Accordingly, the petitioner’s application for mutation was rejected. Learned counsel for the petitioner submitted that the said rejection of application by respondent No.2 is contrary to the facts in hand and it is based on the claim that the petitioner’s husband alienated the subject property in the year 2024. But whereas he already passed away in the year 2015. Therefore, the endorsement issued by respondent No. 2 is factually incorrect and liable to be set aside. 4. On the other hand, the learned Assistant Government Pleader for the respondents submits that the endorsement issued by the 2'^'^ respondent, rejecting the petitioner’s mutation application, is an appealable order. Therefore, the petitioner has an alternative remedy and may approach the appropriate appellate authority. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, and on perusal of the material available on record, this Court finds that the endorsement issued by the 2'^'^ respondent is contrary to the facts. The reasons stated for the rejection are also inconsistent with the facts and the petitioner’s actual entitlement being legal heir of original assignee. Therefore, the present writ petition is disposed of by setting aside the endorsement issued by the 2^"^ respondent dated 03.03.2025 and directing the petitioner to submit a fresh application in Form-6A seeking for mutation of her name in respect of the subject property before the 4*^ respondent within a period of three (3) weeks from the date of receipt of this order. Upon receipt of the Form-6A application of the petitioner, the 4^'^ respondent shall consider and pass appropriate order in accordance with the provisions of the A.P. Rights in 6. :4 Land and Pattadar Passbooks Act, 1971, after providing an opportunity of hearing to the petitioner and the respondent, within a period of three (3) months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. Consequently, interlocutory applications pending, if any, shall also stand 7. closed. Sd./- N NAGAUMA. ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector of Annamayya District, (Earlier part of Kadapa District),Rayachoti. 3. The Sub Collector, O/o Revenue Divisional Office, Rajampet, Annamayya District. (Earlier part of Kadapa District). 4. The Tahsildar, Chitvel Mandal Annamayya District. (Earlier part of Kadapa District) 5. Pandhikalla Sreenivasulu, S/o Ramaiah), Aged about 47 years, Harijana Wada), Thimaiagaripalli Village, Chitvel Annamayya District), (Earlier part of Kadapa District)-516128. 6. One CC to Sri K. Venkata Subbaiah, Advocate [OPUC] 7. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 8. Three CD Copies. ssb HIGH COURT DATED;09/05/2025 ORDER WP No.13238 of 2025 5 H JUL 2025 i ^ . Current Secnon DISPOSING OF THE W.P. WITHOUT COSTS