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2025 DAILYLAW 16691 (AP)

K B LAXMANNA v. THE STATE OF ANDHRA PRADESH

WP/11573/2025 · 2025-05-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11573 OF 2025 Between: 1. K B Laxmanna, S/o KB Vannappa, Aged about 60 years, R/o Benakal Village, Kanekal Mandal, Anantapur District. 2. Sri K. B. Sreenivasulu, S/o KB Vannappa, Aged about 54 years, R/o Benakal Village, Kanekal Mandal, Anantapur District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary. Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur, Anantapur District. 4. The Tahsildar, Kanekal Mandal, Anantapur District. 5. Sri B. Jagadish, S/o B. Mallesappa, Aged about 49 years, R/o Benakal Village, Kanekal Mandal, Anantapur District. 6. Sri B. Somesh, S/o B. Mallesappa, Aged about 45 years, R/o Benakal Village, Kanekal Mandal, Anantapur District. ...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 4 be pleased to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of the respondents more specifically, the 4th respondent in failed to consider and pass appropriate orders on the application filed by the petitioners under Form- 6A for issuance of Pattadar Passbook and Title Deeds, vide Application No. MUT250222051666 dated 22.02.2025, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (commonly known as the Records of Rights Act or ROR Act). Consequently, direct the 4th respondent to pass orders on the application made by the petitioners bearing Application No. MUT250222051666 dated- 22.02.2025, under Form-6A for issuance of Pattadar Passbook and Title Deeds. IA NO: 1 OF 2025 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 4th respondent to pass orders on the application made by the petitioners bearing Application No. MUT250222051666 dated: 22.02.2025, under Form-6A for issuance of Pattadar Passbook and Title Deeds. Counsel for the Petitioner: SRI. K SRINIVAS Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order: .'f .. APHC010221402025 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: 11573/2025 Between: ...PETITIONER(S) K B Laxmanna and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.KSRINIVAS Counsel for the Respondent{S); 1.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the 1. Constitution of the India seeking the following reliefs;- To issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus, declaring the inaction of the respondents more specifically, the 4th respondent in failed to consider and pass appropriate orders on the application filed by the petitioners under Form-6A for issuance of Pattadar Passbook and Title Deeds, vide Application No. MUT250222051666 dated 22.02.2025, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Rights in Land and 2 Pattadar Passbooks Act, 1971 (commonly known as the Records of Rights Act or ROR Act). Consequently, direct the 4th respondent to pass orders on the application made by the petitioners bearing Application No. MUT250222051666 dated- 22.02.2025, under Form-6A for issuance of Pattadar Passbook and Title Deeds and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the subject agricultural landed property, admeasuring to an extent of Ac.4.02 cents and Ac.3.79 cents in Sy.Nos. 116 and 119/A, situated at Benakal Village, Kanekal Mandal, Ananthapur District and having acquired the subject property from their vendors through a registered sale deed dated 27.06.2020, since then the petitioners have been in continuous possession and enjoyment of the subject property. While things stood thus, the unofficial respondents instituted a civil suit against the petitioners, seeking a decree of permanent injunction against both the petitioners and their vendors. The said suit, bearing O.S. No. 27 of 2001, was decreed in favour of the plaintiffs in the year 2009. Furthermore, some unofficial respondents instituted an appeal before the then 3rd respondent, seeking cancellation of the pattadar passbooks and title deeds issued in favour of the petitioners’ vendors. The said appeal was partly allowed on 01.08.2000, It is further submitted that the said sale deed in favour of the petitioners' 3 s, vendors was executed prior to the date of the appellate order. Therefore the decree passed in the civil suit in favour of the third parties does not affect the petitioners’ title, as the petitioners have been in continuous possession and have a registered sale deed executed in their favour. The petitioners submitted an application in Form-6A on 22.02.2025 to the 4th respondent, seeking for issuance of pattadar passbooks and title deeds. Even after receipt of the application in Form-6A on 22.02.2025, the respondent authorities neither considered nor issued any other \ proceedings. Flence, the present writ petition. 4. The learned Government Pleader for Revenue appearing for the respondents submits that the respondent authorities will consider Form- 6A application and pass appropriate orders in accordance with law within a reasonable time. Having regard to the submissions made by the learned counsel for 5. the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents, and upon perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the respondent authorities to consider the Form-6A application submitted by the petitioners, dated 22.02.2025, for issuance of pattadar passbooks and title deeds in respect of the subject property, and pass appropriate orders in accordance with law, taking into consideration of the judgment and decree passed by the Court below on 02.09.2009 in O.S. No. 27 of 2001 in favour of the 4 unofficial respondents, within a period of three (03) months from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ^.otDAR //TRUE COPY// To. section officer 1. The Principal Secretary. Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Joint Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur, Anantapur District. 4. The Tahsildar, Kanekal Mandal, Anantapur District. 5. One CC to Sri. K Srinivas Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:09/05/2025 ORDER WP.No.11573 of 2025 DISPOSING THE WP WITHOUT COSTS