APHC010198622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17110 OF 2024 Between: Smt. Babbepalli Lolakshi, W/o Late Radha Krishna Murthy, R/o D.No.29-7-1, Prakasam Road, Suryaraopet, Vijayawada -520 002. ...Petitioner AND 1. The District Collector & Magistrate, Eluru District, Eluru, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep by its (Revenue) Department, Velagapudi, Secretariat, Guntur District, Amaravathi, Andhra Pradesh. 3. The Sub-Collector, Nuzividu, Nuzividu Mandal, Eluru District. Andhra Pradesh. 4. The Tahasildar- cum - MRO, Nuzividu, Nuzividu Mandal, Eluru District, Andhra Pradesh. 5. The Joint Collector cum Settlement Officer, Krishna District, Machilipatnam, Andhra Pradesh. 6. The Revenue Divisional Officer and Sub collector, Nuzividu, Nuzividu Mandal, Eluru District. Andhra Pradesh ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a writ, order direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents here in is not implement the proceedings in Rc. or LRDT/2023, dated 09.03.2023, L. Dis. No. e-62146/2023/F1, 10.02.2024 in revenue records to update the government land to patta land in R.S. NO: 69-1 to an extent of AC 7.40 Cents of petitioner subject schedule property in Borvancha village and Nuzividu Mandal in Andhra Pradesh without considering the petitioner patta rights under the provisions of the Pattadar Pass Books Ac', 1971 is illegal arbitrary and contrary to the law and clear violation of principles of natural justice as well as Article 14,19,21,300-A of constitution of India consequently direct the respondents to issue regular khata number by treating petitioner land as patta land by removing subject land from prohibited properties list by denotifying the land an extent of 7.40 Cents in Land in R.S.NO:69-1 in Borvancha village, Nuzividu Mandal, Eluru District, Andhra Pradesh and also direct the 1 St respondent herein to follow the proceedings in CCLAs Lr.No.Assn.l (1)/403/2022, dated 01.09.2022 for considering the petitioner land to update in revenue records as a patta land instead of government land in R.S. NO;69-1 to an extent of AC 7.40 Cents of petitioner subject schedule property in Borvancha village and Nuzividu Mandal in Andhra Pradesh. (The Main Pray ar amended in Writ Petition and affidavit as per the Court Order dated 11.09.2024 vide orders passed in I.A. 04 of 2024.) lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to remove the petitioner subject schedule property in an extent of Ac.7.40 Cents in Land R.S.No.69-1, of Boravancha village, Nuzividu Mandal, Eluru district from the Prohibited properties List in pending writ petition. Counsel for the Petltioner:SRI MANIKANTESWARA RAO KOTHA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 APHC010198622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S!¥iS [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO; 17110/2024 Between: 1.BABBEPALLI LOLAKSHI, W/0 LATE RADHA KRISHNA MURTHY, SURYARAOPET, R/0 D.NO.29-7-1, PRAKASAM ROAD, VIJAYAWADA -520 002. ...PETITIONER AND 1,THE DISTRICT COLLECTOR AND MAGISTRATE, ELURU DISTRICT, ELURU, ANDHRA PRADESH. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS (REVENUE) DEPARTMENT, VELAGAPUDI, SECRETARlAT,GUNTUR DISTRICT, AMARAVATHI, ANDHRA PRADESH. 3.THE SUBCOLLECTOR, NUZIVIDU, NUZIVIDU MANDAL, DISTRICT. ANDHRA PRADESH. ELURU 4.THE TAHASILDARCUM MRO, NUZIVIDU, NUZIVIDU MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 5.THE JOINT COLLECTOR CUM SETTLEMENT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM, ANDHRA PRADESH. 6.THE REVENUE DIVISIONAL OFFICER AND SUB COLLECTOR, ELURU DISTRICT. ANDHRA NUZIVIDU, NUZIVIDU MANDAL PRADESH ...RESPONDENT(S): 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 toFor the reasons stated in the accompanying affidavit, it is prayed that this Honble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents here in is not implement the proceedings in Rc. LRDT/2023, dated .09.03.2023, L. Dis. LRDT/2023, dated .09.03.2023, L. Dis. No. e-62146/2023/F1, 10.02.2024 in revenue records to update the government land to patta land in R.S. NO 69-1 to an extent of AC 7.40 Cents of petitioner subject schedule property in Borvancha village and Nuzividu Mandal in Andhra Pradesh without considering the petitioner patta rights under the provisions of the Pattadar Pass Books Act ,1971 is illegal arbitrary and contrary to the law and clear violation of principles of natural justice as well as Article 14,19,21,300-A of constitution of India consequently direct the respondents to issue regular khata number by treating petitioner land as patta land by removing subject land from prohibited properties list by denotifying the land an extent of 7.40 Cents in Land in R.S.NO 69-1 in Borvancha village, Nuzividu Mandal, Eluru District, Andhra Pradesh and also direct the 1st respondent herein to follow the proceedings in CCLAs Lr.No.Assn.l (1)7403/2022, dated 01.09.2022 for considering the petitioner land to update in revenue records as a patta land instead of government land in R.S. NO 69-1 to an extent of AC 7.40 Cents of petitioner subject schedule property in Borvancha village and Nuzividu Mandal in Andhra Pradesh and pass such orders and other orders Honble Court deem fit and proper in the facts and circumstances of the lA NO: 1 OF 2024 may case. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay of 72 days in representing the above writ petition bearing SR. No. 15943/2024 in the interest of justice and pass lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to remove the petitioner subject schedule property in an extent of Ac.7.40 Cents in Land R.S.No.69-1, of Boravancha village, Nuzividu Mandal, Eluru district from the Prohibited properties List in pending writ petition and pass lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the H^h Court Mandantus declaring the action o, the respondent here in -tpass any orders r pr-^.-- :rr:h;::,r list by de-notifying the land Borvancha village,Nuzividu 14, issue regular khata removing subject land from prohibited properties extent of 7,40 Cents in Land in R,S,N0.69-1 in MandakEluru District and pass an lA NO: 4 OF 2024 in the circumstances stated pleased to amend 'P® P;^; Hon'ble Court may be pleased Mandamus declaring the a ^3 dated. 09.03.2023 L.Dis.No.e- the proceedings m R . ’ r<=rnrd9 to uodate the government mn? 2024 in revenue records to upoaie me y 62146/2023/F1,10.02 _ petitioner land to patta land in R.S.NO wiHane and Nuzividu Mandal in =■“ “r““.rr?rr;;srp‘» to issue regular Khata number by treating petitioner land as patta prohibited properties list by denotifymg R.S.NO;69-1 in Borvancha village, Pradesh and also direct the 1st CCLA’s Lr.No. in Article 14, respondents land by removing subject land from I extent of 7,40 Cents in Land in Mandal, Eluru District, Andhra follow the proceedings the land an Nuzividu respondent herein in to 4 % Assn.1(1 )/403/2022, dated. 01.09.2022 for considering the petitioner land to update in revenue records as a patta land instead of government land in R.S.NO:69-1 to an extent of AC 7.40 Cents of petitioner subject schedule property in Borvancha village and Nuzividu Mandal in Andhra Pradesh and pass Counsel for the Petitioner: 1.MANIKANTESWARA RAO KOTHA Counsel for the Respondent(S): 1.GP FOR REVENUE 2. The Court made the following: 5 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17110/2024 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “ may be pleased to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the respondents herein In not implement the proceedings in Rc.LRDT/2023, L.DIs. No. e-62146/2023/F1, 10.02.2024 In revenue records to update the government land to patta land In R.S.N0.691 to an extent of AC. 7.40 Cents of petitioner subject schedule property In Borvancha village and Nuzividu Mandal in Andhra Pradesh without considering the petitioner patta rights under the provisions of the Pattadar Pass Books Act, 1971 Is Illegal, arbitrary and contrary to the law and clear violation of principles of natural justice as well as Articles 14, 19, 21, 300-A of constitution of India and consequently direct the respondents to issue regular khata number by treating petitioner land as patta land by removing subject land from prohibited properties list by denotifying the land an extent of 7.40 Cents In Land In R.S.N0.691 In Borvancha village, Nuzividu Mandal, Eluru District, Andhra Pradesh and also direct the 1 respondent herein to follow the proceedings In CCLAs Lr.No.Assn.1(1)7403/2022, dated 01.09.2022 for considering the petitioner land to update in revenue records as a patta land instead of Government land in R.S NO. 691 to an extent of AC. 7.40 Cents of petitioner dated 09.03.2023, St subject schedule property in Boravancha village and Nuzividu Mandal In Andhra Pradesh and pass such orders and other orders Honble Court may deem fit and proper in the facts and circumstances of the case....” Heard learned counsel for the petitioner and learned Assistant 2. Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring an extent of Ac.7.40 cents in R.S.No.69-1 in Boravancha Village, Nuzividu taluq, Eluru District having acquired the same by way of Ryotwari patta granted by the Settlement Officer, Eluru vide S.R.No.15(1)2/80 KTN, dated 30.04.1981. Pursuant to the same, the petitioner made an application to the MRO to implement the said order for grant of Ryotwari Patta. But, the said application not considered. Hence, the petitioner filed W.P.No.21844 of 1997 before this Court for implementation of the order of the Settlement Officer, Eluru, dated 30.04.1981 and this Court vide order, dated 14.02.2007 disposed of the respondent to implement the order, dated 30.04.1981. The learned counsel further submits that for one reason or respondent did not implement the said order and not granted 3. was said Writ Petition, directing the 4 the other, the 4 nd Ryotwari patta of the petitioner. In the meanwhile, inadvertently, the 2 respondent herein has included/enlisted the subject property in the prohibited list under Section 22-A of the Registration Act, 1908 which is properties contrary to the findings of the Settlement Officer. Hence, the present Writ Petition is filed. 1 4. Learned Assistant Government Pleader for Revenue copy of the proceedings issued by the 1 dated 27.05.2025. Relevant paragraph of the said proceedings read follows:- has furnished a respondent as “ Considering the recommendations of the DLRC, hereby directed to de-notify the land in R.S.No.69/1, Ac. 7.40 cents(LPM No.478) situated in Boravancha Village of Nuzvid Mandal from Prohibited Properties list under Section 22-A (1) (b) of Registration Act, 1908”. ( This proceedings is issued only for de-notification land in R.S.No.69/1 Ac.7.40 cents., Boravancha Village of Nuzvid Mandal from prohibited properties list under Section 22-A (1) (b) of Registration Act, 1908, but it does not confirms any title)..” you are (LPM No.478) situated in 5. Learned Assistant Government Pleader for Revenue submits that pursuant to the proceedings issued by the respondent, the application of the petitioner was considered and the 4**" respondent is taking appropriate steps for removal of the subject land from the prohibited properties list. On consideration of the submissions of both the learned counsels, since the 1®‘ respondent issued proceedings for de-notifying the subject property from the prohibited properties list under Section 22-A of the Registration Act, 1908 and as the petitioner was granted Ryotwari patta by the then Presiding Officer, in the opinion of this Court, the petitioner is entitled for grant of pattadar passbook and for mutation of his name in the revenue records in respect of the subject property. 6. 8 Accordingly, the 4*'' respondent is directed to implement the orders of the Settlement Officer, Eluru, dated 30.04.1981 and issue pattadar 7. passbook and title deed in his favour as per the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 within a period of three (03) months from the date of receipt of a copy of this order. With the above directions, this Writ Petition is disposed of. There 8. shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR SEOTIONOFFICER //TRUE COPY// To, 1. The District Collector & Magistrate, Eluru District, Eluru, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep by its (Revenue) Department, Velagapudi, Secretariat,Guntur District, Amaravathi, Andhra Pradesh. 3. The SubCollector, Nuzividu, Nuzividu Mandal, Eluru District. Andhra Pradesh. 4. The Tahasildar -cum-MRO, Nuzividu, Nuzividu Mandal, Eluru District, Andhra Pradesh. 5. The Joint Collector cum Settlement Officer, Krishna District, Machilipatnam, Andhra Pradesh. 6. The Revenue Divisional Officer and Sub collector, Nuzividu, Nuzividu Mandal, Eluru District. Andhra Pradesh 7. One CC to SRI. MANIKANTESWARA RAO KOTHA, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Three CD Copies PRK 'A HIGH COURT DATED:03/07/2025 ORDER WP NO. 17110 OF 2024 ^ANlD/y^ 1 fl SEP 2025 ar m; 09/ ^ . Current Section ^ patc DISPOSING OF THE WP, WITHOUT COSTS