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2025 DAILYLAW 19041 (AP)

SHAIK GOUSE BASHA v. THE STATE OF ANDHRA PRADESH

WP/13245/2025 · 2025-05-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV- (Special Original Jurisdiction) y FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 13245 OF 2025 Between: 1. Shaik Gouse Basha, S/o.Khadar Vali, aged: 43, R/o.D.No.17-04-62, David Street, Pezzonipeta, Vijayawada (Urban), Gandhinagar, NTR District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P. 2. The District Collector, Prakasam District, Ongole, Andhra Pradesh. 3. The Revenue Divisional Officer, Kandukur, Prakasam District. 4. The Mandal Revenue Officer, Podili 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, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the respondents more particularly 4'^ respondent in not issuing ryotwari patta under Form VIII as per the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 in favour of petitioner despite the order dated 1-4- 2016 in proceedings Rc.No.A/423/1991 having attained finality in respect of land admeasuring Ac 2.12 cents in Sy.No.2 of Kambhalapadu Village, Podilid Mandal, Prakasam District as arbitrary, unsustainable, unjust, and against Principles of Natural Justice as well as Article 300-A of Constitution of India and consequentially direct the 4*^ respondent to i. issue rytwari patta under Form VIII as per provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956. ii. Matate name of the petitioner in the Record of rights(R.O.R) in respect of the aforementioned land. 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 respondents to consider the represntaions dated 19- 12-2019 for issuance of ryotwari patta and mutation of petitioner’s name in the revenue records in respect of land admeasuring Ac.2.12 cents in Sy.No.2 of Kambhalapadu Village, Podili Mandal, Prakasam District. Counsel for the Petitioner: SRI P.VIVEK Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER IN THE HIGH COURT OF ANDHRA PRADESH AT 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: 13245/2025 APHC010264132025 [3329] Between: ...PETITIONER Shaik Gouse Basha AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.P VIVEK Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 13245 OF 2025 ORDER; The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “to issue Writ of Mandamus declaring the action of the respondents, more particularly 4* respondent in not issuing Ryotwari Patta under Form VIII as per the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 in favour of the petitioner despite the order, dated 01-04-2016 proceedings Rc.No.A/423/1991 having attained finality in respect of land admeasuring Ac.2.12 cents in Sy.No.2 Kambhalapadu Village, Podili Mandal, Prakasam District as in of arbitrary, unsustainable, unjust and against the principles of natural justice as well as Article 300-A of Constitution of India.. The case of the petitioner in brief is as follows:- That the petitioner is the absolute owner and possessor of land in an extent of Ac.2.12 cents situated in 3 Sy.No.2 of Kambhalapadu Village, Podili Mandal, Prakasam District having purchased the same through registered sale deed, dated 09-03-2012 vide Document No.9-3-2012 from one Mulla Jilekha Bi wife of Mulla Madar Vali Saheb represented by her G.P.A. holders, who in turn purchased the same through registered sale deed dated.17-11-1958 vide document No.768 of 1958; that after purchase the subject land, the petitioner is in possession and enjoyment of the same; that it is pertinent to note that Kambhalapadu village was an Estate village of Venkatagiri Estate and the erstwhile Raja of Venkatagiri in the year 1041-42 before estate was taken over by the Government under Estate Abolition Act, 1948, issued “Mangali Inam” for an extent of Ac.7.42 cents in Sy.No.2 of Kambhalapadu village to Murugula Venkata Swamy (barber by profession) with all alienable rights; that thereafter in the year 1958 the said one Murugula Venkata Swamy along with his relatives sold the said land to Mulla Madar Vali Saheb, who is the husband of petitioner’s vendor; that the 4* respondent-Mandal Revenue Officer, Podili Mandal, Prakasam District erroneously passed an order, dated 15-09-2010 granting 4 ryotwari patta in favour of one Uppalapati Subbaraju; that challenging the same the petitioner preferred an appeal before the 3*'^ respondent-R.D.O Kandukuru, who after an enquiry, set aside the said order and remanded to the 4th respondent with a direction to decide the matter on merits as per the procedure contemplated under A.P. Inams (Abolition and Conversion Into Ryotwari) Act, 1956 by duly affording an opportunity of hearing of personal hearing to both sides; that pursuant to the order of the respondent, the 4th respondent after conducting an enquiry. passed an order dated 01-04-2016 holding that the petitioner is in possession and enjoyment of subject land and granted Ryotwari Patta, thereby the order of the 4* respondent has become final; that despite passing the order in favour of the petitioner, the 4* respondent did not choose to issue Ryotwari Patta in Form VIII in favour of the petitioner; that the petitioner made representations dated 29-07-2015 07-11-2017, 19-12-2019 for issuance of the Ryotwari Patta; that in pursuance of the said representations the l^t respondent issued proceedings dated 28-02-2019 directing the 2*^^ respondent-District 5 Collector, Prakasam to take action; that in pursuance thereof, the 2"^ respondent has forwarded the same to the 3’"^ respondent-RDO vide proceedings dated 10-04-2019 directing him to enquire into the matter and report compliance; that the respondent in turn has forwarded the same to the 4^^ respondent to enquire into the matter; that despite receipt of the directions from respondent Nos. 1 to 3, the 4* respondent did not choose to take any action for issuance of “Ryotwari Patta”, is the grievance of the petitioner in this writ petitioner; that in the meantime, the Assistant Commissioner, Endowments department also issued proceedings, dated 08-02-2021 stating that the subject land does not fall within the ambit of “Religious Charitable Institutions” and that Inam was not granted for the purpose of religious or Charitable institutions; that the Government of A.P has issued G.O.Ms.No.310, dated 19-07-2023 clarifying that the provisions of the Act as amended by Act No. 16 of 2013 does not apply to Village Artisan/Village Service Inams; thereafter the 2^^ or respondent also issued directions to the 4* respondent to take action in accordance with the above G.O and also 6 issued proceedings dated 24-08-2024 to the 4th respondent directing him to take action for issuance of “Ryotwari Patta”; that despite issuance of directions the 4th respondent did not take any action; thereafteragain the petitioner submitted another representation and that the l^t respondent again issued proceedings, dated 23-12-2024 directing the 4th respondent to take action on the representation of the petitioner; that despite the same the 4th respondent did not take any action in issuing Ryotwari Patta under Form No.VIII and also did not Mutate the petitioner’s name in the ROR till this date despite categorical directions issued by the respondent Nos.l to 3 from time to time is the main grievance in this writ petition. Further, the case of the petitioner is that once the orders, dated 01-04-2016 issued by the 4* respondent holding that the petitioner is entitled for mutation of issuance of Ryotwari Patta and entitled for mutation of the petitioner’s name in the ROR till this date, the same was not challenged by any third parties, as such the same attained finality. 7 Heard both sides. In view of the above facts and circumstances and having heard the counsel for the petitioner, to meet the ends of justice, this court deems it appropriate to dispose of the writ petition at the stage of admission with the following directions: - Accordingly, the writ petition is disposed of, at the stage of admission, directing the respondents, more particularly the 4* respondent to consider the series of representations, more particularly representation dated 07-11-2017 submitted by the petitioner for issuance of “Ryotwari Patta” and also for mutation of the petitioner’s name in the ROR in respect of the land admeasuring Ac.2.12 cents situated in Sy.No.2 of Kambhalapadu Village, Podili Mandal, Prakasam District, in terms of G.O.Ms.No.310, Revenue (Lands.I) Department, dated. 19-07-2023 and as per directions of the District Collector, dated.09-08-2024 and pass appropriate orders within a period of three(3) months from the date of receipt of a copy of the order and communicate the decision taken thereon to the petitioner in accordance with law. 8 Miscellaneous applications pending, if any, shall stand cancelled automatically. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The District Collector, Prakasam District, Ongole, Andhra Pradesh. The Revenue Divisional Officer, Kandukur, Prakasam District. The Mandal Revenue Officer, Podili Mandal, Prakasam District. One CC to Sri P.Vivek, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. gi HIGH COURT DATED:09/05/2025 ORDER WP.No.13245 of 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS