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High Court of Andhra Pradesh · body

2025 DAILYLAW 19434 (AP)

G NARASIMHULU v. THE STATE OF AP

WP/13429/2025 · 2025-06-15

Venkateswarlu Nimmagadda

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE \ PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ^ WRIT PETITION NO: 13429 OF 2025 Between: G Narasimhulu, S/o. Late Papanna, Aged about 63 years, Occ Cultivation, R/o. Moda Village, ^rigi Mandal, Sri Satya Sai District Erstwhile Anantapur District. - ...Petitioner AND 1. The State of AP, Rep. by the Principal Secretary, Revenue Department, Secretariat Buildings at Velagapudi, Amaravati, Andhra Pradesh The District Collector, Sri Satya Sai District, Anantapur, Erstwhile Anantapur District. The Revenue Divisional Officer, Penukonda, Sri Satya Sai District, Erstwhile Anantapur District. The Tahsildar, Parigi Mandal, Sri Satya Sai District, Erstwhile Ananthapur District. Smt. Raja Rathnamma, W/o. Late Sreerama Lakshmaiah Aged about 84 years, Occ Cultivation, R/o.D.No. 15-4-28, Seenapp; Hindupur, Hindupur Mandal, Sri Satya Sai District, E^ District. ^ S.L.Ramesh Babu, S/o. W/o. Late Sreerama Lakshmaiah Aged about 60 years, Occ Cultivation, R/o.D.No. 15-4-28, Seenappa Lane, Hindupur, Hindupur Mandal, Sri Satya Sai District, Erstwhile Anantaptff^ District. ^ 2. 3. 4. 5. Jiane, hile Anantapur 6. *5^ 7. S.J.Sudharani, S/o. Late S.L.Jagadesh Babu, Aged about 30 years, OccHousewife, R/o.D.No.16-1-29, Tippukhan Stre^Hindupur, Sri Satya Sai District Erstwhile Anantapur District. 8. S.J.Lohit, S/o. Late S.L.Jagadesh Babu, Aged about 30 years, Occ Housewife, R/o.D.No.16-1-29, Tippukhan Stpdet, Hindupur, Sri Satya Sai District Erstwhile 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 be pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the inaction of the 4th respondent in considering the representation of the petitioner dated 02.05.2025 not to entertain either mutation of revenue records or to transfer in respect of land an extent of Ac.2.50 cents out of Ac.4.28 cents in Survey No. 173-1 situated at Moda Village, Hindupur Mandal, Sri Satya Sai District Erstwhile Ananthapur District which is subject matter of AS.No.09 of 2022 on the file of Additional District Judge, Hindupur as illegal and arbitrary and consequently direct the 4th respondent to consider the representation of the petitioner dated 02.05.2025. / 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 to the representation of the petitioner dated 02.05.2025 not to entertain either mutation of records or to transfer in respect of in respect of an extent of Ac.2.50 cents out of Ac.4.28 cents in Survey No. 173-1 situated at Moda Village, Hindupur Mandal, Sri Satya Sai District Erstwhile Ananthapur District in favour of unofficial respondents, pending disposal of above writ petition. revenue ■ / / Counsel for the Petitioner: SRI. P NARAHARI BABU Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order: I I I APHC010272382025 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: 13429/2025 Between: ...PETITIONER G Narasimhulu AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:13429/2025 ORDER; The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the inaction of the 4^^ respondent in considering the representation of the petitioner dated 02.05.2025 not to entertain either mutation of revenue records or to transfer in respect of land an extent of Ac. 2.50 cents out of Ac. 4.28 cents in Survey No. 173-1 situated at Moda Village, Hindupur Mandal, Sri Satya Sai District, Erst\Arhile Ananthapur District which Is subject matter of A. S.No. 09 of 2022 on the file of Additional District Judge, HIndupur as illegal and arbitrary and consequently direct the 4 respondent to consider the representation of the petitioner dated 02.05.2025 for conducting of survey and pass such other order or orders...." th Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. The claim of the petitioner herein is that even though civil proceedings by way of A.S.No.09 of 2022 preferred by the petitioner is pending for consideration on the file of the on the file of Additional District Judge, Hindupur, the respondents are taking steps for consideration of 3. the application/ representation submitted by the unofficial respondents seeking mutation without considering the objections submitted by the petitioner. 4. Learned counsel for the petitioner further submits that the Appeal preferred by the petitioner is pending. Therefore, any further action by the respondents pursuant to the decree and judgment in favour of the unofficial respondents, the petitioner herein is entitled for submission of objections and the same ought to be considered by the accordance with law. respondents, in 5. On the other hand, respondents submits that if submitted by the unofficial respondents herein learned Government Pleader for the any application seeking mutation pursuant to their judgment and decree and due to entitlement basing upon the revenue records, the was respondents will consider the same by providing opportunity of hearing to the petitioner as well as other stake holders if any, in accordance with law. 6. Having regard to the submissions made by the learned the petitioner and learned Government Pleader for on perusal of the material placed counsel for the respondents and on record, this Court is of the considered view that the present writ petition can be disposed of directing the respondents, if any application for mutation is submitted by the unofficial respondents, the same shall be considered after issuing notice and after receiving the objections of the petitioner as well as other stake holders, if any, in accordance with law. With the above direction, the writ petition is disposed of. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, State of AP, Secretariat Buildings at Velagapudi, Amaravati, Andhra Pradesh 1. The District Collector, Sri Satya Sai District, Anantapur, Erstwhile Anantapur District. 2. The Revenue Divisional Officer, Penukonda, Sri Satya Sai District, Erstwhile Anantapur District. 3. The Tahsildar, Parigi Mandal, Sri Satya Sai District, Erstwhile Ananthapur District. 4. 5. One CC to Sri. P Narahari Babu Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED: 16/06/2025 ORDER WP.No.13429 of 2025 DISPOSING THE WP WITHOUT COSTS