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2025 DAILYLAW 18214 (AP)

GUTHIKONDA SRILATHA v. The State of Andhra Pradesh,

WP/12863/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12863 OF 2025 Between: Guthikonda Srilatha, W/o Paladugu Sreenivas, Aged about 52yrs, Occ. Housewife, R/o D.NO.50-40-17/C, T.P.T. Colony, Seethammadhara, Visakhapatnam, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Amaravathi, Andhra Pradesh. 2. The District Collector, Vizianagaram District, Vizianagaram. 3. The Revenue Divisional Officer, Cheepurupalli Revenue Division, Vizianagaram District. 4. The Tahsildar, Gurla Mandal, Vizianagaram 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Nos.2 to 4 in not mutating the petitioner's name in the revenue records and not fsSLwhg Pattadar Passbook in respect of agricultural land admeasuring Ac.20, in Sy.No.342/3E situated at Kella Village, Gurla Mandal, Vizianagaram District, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and contrary to the Section 4, 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and also against Rule 20 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Rules, 1989 and consequently direct the respondents, particularly the Respondent No. 4, to forthwith mutate the name of the petitioner in the revenue records and issue the Pattadar Passbook and Title Deed in respect of the subject land, within a stipulated time as may be fixed by this Hon'ble Court, in accordance with law and by duly considering the applications of the petitioner dated dt.29.04.2017, 01.11.2019 and finally on 16.12.2024, vide Application No. MLIT241216068815. 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 Respondent Authorities to, particularly the 4th Respondent to forthwith consider the applications of the petitioner dated dt.29.04.2017, 01.11.2019 & finally on 16.12.2024, vide Application No. MUT241216068815, to mutate the name of the Petitioner in the Revenue Records and to issue Pattadar Passbook and Title Deed provisionally in respect of the agricultural land situated in Sy.No.342/3E to an extent of Ac.20 , situated at Kella Village, Gurla Mandal, Vizianagaram District, in accordance with the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. Counsel for the Petitioner: SRI. SUBRAMANYAM DARABOINA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 APHC010251572025 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: 12863/2025 Between: ...PETITIONER Guthikonda Srilatha AND ...RESPONDENT The State Of Ap Counsel for the Petitioner; 1.SUBRAMANYAM DARABOINA Counsel for the Respondent; 1.GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12863/2025 The Court made the following Order: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS for inaction of Respondent Nos. 2 to 4 in mutating the petitioner’s names in the revenue records and not Issuing pattadar passbook in respect of agricultural land admeasuring Ac.20, in Sy.No.342/3E situated at Kella Village, Gurla Mandal, VIzianagaram District, which is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and contrary to the Section 4,5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and also against Rule 20 of Andhra Pradesh Rights in Land and Pattadar Passbooks Rules, 1989 and consequently direct the respndsents, particularly the respondent No.4, to forthwith mutate the name of the petitioner in the revenue records and issue the pattadar passbook and title deed in respect of the subject land, within a stipulated time as may be fixed by this Hon’ble Court, in accordance with law and by duly considering the applications of the 3 4^ petitioner dated 29.04.2017, 01.11.2019 and finally 16.12.2024, NO.MUT241216068815 and pass such other order/orders ....’’ vide application on 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioners submits that the 3. petitioner herein is the absolute owner and possessor of the lands admeasuring admeasuring Ac.20, in Sy.No.342/3E situated at Kella Village, Gurla Mandal, Vizianagaram District having acquired the same through a registered sale deed dated 11.04.2016. Since then, the petitioner herein has been in peaceful possession and enjoyment of the subject property. While things stood thus, the petitioner was granted 4. electricity connection vide Electricity Connection No.SC No.1213280622000105 and has been paying monthly charges regularly without any due and the petitioner has also constructed the Tin sheet house in that agricultural land and also formed one fish pond for farming the fishes. However, despite their absolute ownership and possession, the petitioner submitted several applications dated 29.04.2017, 01.11.2019 and on 16.12.2024 for & 4 mutation and issuance of the pattadar pass books and title deed in favor of the petitioner, but the revenue authorities did not take any steps in mutating the petitioner’s name in the revenue th records. Even after receipt of the said representation, the 4 concerned respondent neither considered the same nor passed any other orders. Aggrieved by the same, the petitioner herein filed the present writ petition. 5. On the other hand, learned Government Pleader for Revenue submits that in order to mutate the name of the petitioner in the revenue records in respect of the subject properties, the petitioner herein shall make an appropriate application in Form-6A to respondent No.4 through Meeseva/ village secretariat by paying requisite fee. In the absence of the same, the petitioner is not entitled to claim mutation of her name in respect of the subject properties based on the representation submitted by the petitioner. 6. In reply to the submission made by the learned Government Pleader, learned counsel for the petitioner submits that a representation in Form-6A seeking mutation has already been submitted to the respondent No.4 through Mee-seva, but the same was not reflected at the portal. 7. Learned Government Pleader appearing for the respondents submits that let there be a direction to the petitioner to submit a fresh application seeking mutation of her name in the revenue records in Form-6A through Mee-seva/AP Online/ Village Secretariats by following proper procedure in terms of G.O.Ms. No.209 dated 14.06.2017 to respondent No.4 by paying requisite fee. On receipt of such application, the respondents will consider the same, within a reasonable time. 8. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to make appropriate application in Form-6A strictly adhering to the provisions of the Andhra Pradesh Land in Pattadar Pass Books Act, 1971 and Rules framed thereunder from time to time for mutation of their names in the concerned revenue records through Mee Seva/ AP Online/ Village Secretariat and also in an 6 terms of G.O.Ms.No.209 dated 14.06.2017 and on payment of requisite fee, within a period of two 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 within a period of three (03) months. thereafter. 9. With the above directions, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M SRINIVAS ASSISTANT. REGISTRAR //TRUE COPY// SECTON OFFICER To 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Amaravathi, Andhra Pradesh. 2. The District Collector, Vizianagaram District, Vizianagaram. 3. The Revenue Divisional Officer, Cheepurupalli Revenue Division, Vizianagaram District. 4. The Tahsildar, Gurla Mandal, Vizianagaram District. 5. One CC to Sri. Subramanyam Daraboina Advocate [OPUO 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT 7. Three CD Copies GSC HIGH COURT DATED:08/05/2025 ORDER WP.No.12863 of 2025 DISPOSING THE WP WITHOUT COSTS