Neelapareddy Mahesh Reddy v. The State of Andhra Pradesh,
WP/13660/2025 · 2025-06-15
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18403 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18403 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13660 OF 2025 Between: Neelapareddy Mahesh Reddy, S/o. Late Sankara Reddy Aged about 40 years, D.No. 8-512, 2nd line. Near Lambadi Donka, Brundavan Nagar, Ongole town, Prakasam District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District
2. The District Collector and Magistrate, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Kavali Revenue Division, SPSR Nellore District
4. The Tahsildar, Kavali Mandal, SPSR Nellore 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 an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the high handed action of the Respondents more particularly the inaction of the 4th respondent herein in not mutating the name of the petitioner in Revenue Records and also not issuing Pattadar pass book and title deeds to the land in Sy.No.595/1 to an extent of Ac. 0.30 cents respectively of Musunuru Grama Panchayat limits. one
Kavali Mandal and Municipality SPSR Nellore District pursuant to the application No.MUT250216001574 dated 16- 02-2025 MUT250502064604 dated 02-05-2025 is illegal, arbitrary amounting to dereliction of duty unconstitutional and violation of Principles of Natural Justice and violation of Article 14, 21 and 300-A of the Constitution of India and violation of the procedure contemplated under The Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and the Rules 1989 and consequently direct the 4th respondent to mutate the name of the petitioner in Revenue Records and issuing Pattadar pass book and title deeds to the land in Sy.No.595/1 to an extent of Ac. 0.30 cents respectively of Musunuru Grama Panchayat limits, Kavali Mandal and Municipality SPSR Nellore District. and lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4th respondent to mutate the name of the petitioner in Revenue Records and issuing Pattadar pass book and title deeds to the land in Sy.No.595/1 to an extent of Ac.
0.30 cents respectively of Musunuru Grama Panchayat limits, Kavali Mandal & Municipality SPSR Nellore District. Counsel for the Petitioner: M/s KOPPARTHI SUMATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
w APHC010254972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13660/2025 Between: Neelapareddy Mahesh Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.KOPPARTHI SUMATHI Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13660 of 2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to Issue an appropriate writ,
order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the Respondents more particularly the Inaction of the 4^ respondent herein in not mutating the name of the petitioner In Revenue Records and also not issuing Pattadar pass book and title deeds to the land in Sy. No. 595/1 to an extent of Ac. 0.30 cents respectively of Musunuru Grama Panchayat limits, Kavali Mandal and Municipality, SPSR Nellore District pursuant to the application No.MUT250216001574 dated 16.02.2025 and MUT250502064604 dated 02.05.2025 is illegal, arbitrary, amounting to dereliction of duty, unconstitutional and violation of Principles of Natural Justice and violation of Article 14, 21 and 300-A of the Constitution of India and violation of the procedure contemplated under The Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and the Rules 1989 and consequently direct the 4"" respondent to mutate the name of the petitioner in Revenue Records and issuing Pattadar pass book and title deeds to the land In Sy. No. 595/1 to an extent of Ac.0.30 cents respectively of Musunuru Grama Panchayat limits, Kavali Mandal and Municipality, SPSR Nellore District.”
2. Heard
learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents.
3. Though the petitioner made several allegations against the respondents, during hearing,
learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the applications dated 16.02.2025 and 02.05.2025 filed by the petitioner. m 3
4. Learned Assistant Government Pleader for Revenue has th furnished a copy of the written instructions issued by the 4 respondent. Relevant paragraphs of the said instructions read as follows;- It Is also deserving to mention here that Smt Neelapareddy Venkamma who conveyed the subject land to Neelapareddy Kondareddy her 2"'^ son through unregistered ‘WILL’ on 16.05.1993 was died on 05.11.1992 i.e., much prior to execution of will in favour of Neelapareddy Kondareddy. For this reason, the WILL said to have been executed by Neelapareddy Venkamma is not valid in the eyes of law and as such the further partition deed is also not valid. 11. The petitioner is claiming right over the 0.30 cents of land in Sy.No.595-1. On the other hand Sri Neelapareddy Konda Reddy is also claiming right over the same property. As the title over the entire subject land is not flown either to Neelapareddy Sankara Reddy father of the petitioner or to Sri Neelapareddy Konda Reddy uncle of the petitioner (Father’s Younger brother) as per the provisions of Transfer of Property Act, 1882, the circumstances of the case forced this respondent to reject the mutation application filed by the petitioner as suspicion arose about the bonafides of the said WILL as well as partition deed. Thus, this is a purely civil dispute and the remedy available to the petitioner Is to approach competent civil Court of law In the matteT’. 12. 5. In view of the written instructions furnished by the learned Assistant Government Pleader for Revenue, this Court need
4 not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the applications dated 16.02.2025 and 02.05.2025, this Court find no other alternative except to issue such direction. 6.
In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the applications dated 16.02.2025 and 02.05.2025 filed by the petitioner, after providing opportunity of hearing to the parties concerned, within a period of two (02) months from the date of receipt of a copy of this
order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. 12019(8) scale 544 Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District
2. The District Collector and Magistrate, Nellore, SPSR Nellore District.
3. The Revenue Divisional Officer, Kavali Revenue Division, SPSR Nellore District
4. The Tahsildar, Kavali Mandal, SPSR Nellore District.
5. One CC to M/s. KOPPARTHI SUMATHI Advocate [OPUC]
6. TwoCCsto GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
7. Three C.D.Copies nm
w HIGH COURT DATED:16/06/2025
ORDER WP.No.13660 of 2025 DISPOSING OF THE WP WITHOUT COSTS