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2025 DAILYLAW 18198 (AP)

Gurrann Srinivasulu, v. The State of Andhra Pradesh,

WP/12902/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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f/ r IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12902 OF 2025 Between: 1. Gurram Srinivasulu, S/o. late Malakondaiah, Aged about 59 years, Occ Cultivation, R/o. Door No. 11-1-34/5A, Behind Syndicate Bank, Santhosh Nagar, Kandukur, Prakasam District. 2. Gurram Sivakoti Surya Hah Prasad, S/o. late Malakondaiah, Aged about 55 years, Occ Cultivation, R/o. Door No. 8-386, 8th ward, Jawahar lal Street, Kanigiri, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, A.P Secretariat, At Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasam District, Andhra Pradesh. 3. The Revenue Divisional Officer, Kanigiri, Prakasam Dist. 4. The Tahsildar, Kanigiri Mandal, Prakasam 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 be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or orders. Direction or Direction more particularly one in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the questioning action of the 4'th respondent in not issuing the E' Pass book and mutating the names of the petitioners in revenue records in respect of land for an extent of Ac.6.55 cents, in Sy. No. 881, situated in Kanigiri Village and Mandal, Prakasam District as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the representation dated 27-01- 2025 submitted by the petitioners. lA 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 consider the representation dated 27-01-2025 submitted by the petitioners for issuing the E' Pass book and mutating the names of the petitioners in revenue records in respect of land for an extent of Ac.6.55 cents, in Sy. No. 881, situated in Kanigiri Village and Mandal, Prakasam District, pending the above writ petition. Counsel for the Petitioner: SRI. VENKATESWARLU GADA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 APHC010252172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12902/2025 Between: ...PETITIONER(S) Gurrann Srinivasulu, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1, VENKATESWARLU GADA Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12902/2025 The Court made the following Order: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “ pleased to issue a Writ of Mandamus or any other appropriate Writ Order or orders Direction or Direction more particularly one in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the questioning action of the 4th respondent in not issuing the E-Pass book and mutating the names of the petitioners in revenue records in respect of land for an extent of Ac. 6.55 cents in Sy.No.881 situated in Kanigiri Village and Mandal Prakasam District as illegal arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the representation dated 27.01.2025 submitted by the petitioners and pass....” Heard learned counsel for the petitioner and learned 2. Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that his father 3. Gurram Malakondaiah, was the absolute owner and possessor of 3 i0k agricultural land admeasuring Ac. 6.55 cents in Sy. No. 881 of Kanigiri Vilsage and, Mandal, Prakasam District, having acquired the same through a registered sale deed dated 24.08.1982, bearing Document No. 1334 of 1982. Thus, the 4*^ respondent authority issued Pattadar Passbooks and Title Deed in favour of the petitioner's father. Since then, he had been in peaceful possession and enjoyment of the said land without any interference either from third parties or the respondent authorities. It is submitted that the petitioner's father enjoyed the said land during his lifetime and passed away on 27.06.2009, leaving behind the petitioner and his brother as his legal heirs. Since then, the petitioner and his brother have been in continuous and peaceful possession of the subject land, cultivating the same without any interruption from third parties or the respondents. It is further submitted that on 27.01.2025, the petitioners approached the Mee-Seva, Kanigiri, Prakasam District, to submit an online application seeking issuance of e-Pattadar Passbooks and for mutation of their names in the revenue records in respect of the subject land. However, the Mee-Seva Center did not accept the application. Consequently, on the same day, the petitioners submitted a representation to the respondents requesting them to rr"' 4 issue the e-Pattadar Passbooks and carry out mutation of their names in the revenue records for the land measuring Ac. 6.55 cents in Sy. No. 881, situated at Kanigiri Village and Mandal, Prakasam District. Despite the passage of considerable time, no action has been taken by the respondents. Hence, the present writ petition has been filed. On the other hand, learned Government Pleader appearing respondents furnished written instructions dated 07.05.2025, wherein, the relevant portion of the said instructions 5. for the is extracted hereunder; “It is submitted that the village Revenue Officer, Kanigiri Village of Kanigiri Mandal who enquired into the matter has reported as per RSR of Kanigiri village, the Sy.No.881 is classified as GAYALU (dotted land) and this land is included in the prohibited properties list u/Sec 22-A (1)(a) of Registration, as per Form of Chunchu Chinna No. 1 Register, the name Chenchaiah was recorded, and the writ petitioner’s Malakondaiah and Mucharla father Late gurram Venkateswarlu have purchased the land vide document bearing No. 1334/1982, as per available records of this office, the assignment was not made to the writ petitioners or their father, as per web land Adangal, the name of Duggirala Narasamma was 5 recorded to an extent ofAc.3.275 cents and remaining extent of Ac.3.275 cents in Sy.No.881 of Kanigiri Village, vide katha No. 1651 and remaining land measuring on extent of Ac.3.275 cents under katha No. 90024 as others. 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 his property in the revenue records. As such, the petitioner herein has to make an appropriate application in Form-VIA to the concerned respondent through Meeseva by paying requisite fee. Learned counsel for the petitioner further submits that let there be a direction to the petitioner to submit a fresh application seeking correction of entries in respect of his property in the revenue records in Form- VIA 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 may be directed 6. to consider the same, within a reasonable time. Flaving regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the 7. respondents and on perusal of the material placed on record, this V L. 6 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 made thereunder for correction of entries at 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, 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. With the above directions, the writ petition is disposed of. 8. No costs. In the meanwhile. Status-quo obtaining as on today in respect of the subject property shall be maintained by ail the parties concerned. 9. 7 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, Principal Secretary, Revenue Department, State of Andhra Secretariat, At Velagapudi, Amaravati, Guntur District Prakasam District, Andhra Pradesh. 1. The Pradesh, A.P 2. The District Collector Revenue Divisional Officer, Kanigiri, Prakasam Dist 3. The 4. The Tahsildar, Kanigiri Mandal, Prakasam District. Sri. Venkateswarlu Gada Advocate [OPUC] High Court Of Andhra Pradesh. [OUT] 5. OneCCto 6. TwoCCsto GP for Revenue 7. Three CD Copies GSC HIGH COURT DATED:08/05/2025 ORDER WP.No.12902 of 2025 DISPOSING THE WP WITHOUT COSTS