APHC010283552025 IN THE HIGH COURT OF ANDHRA PRADESfK AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY '^- TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU MMMAGADDA WRIT PETITION NO: 14283 OF 2025 t- Between: Balusu Raja Ramamohana Rao, S/o. Somayya, Age 77 years, Cultivation, R/o.D.No.1-23, Jagannadhapuram Pedavegi Mandal, Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, ReVenue Department, Secretariat Buildings, District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Hdrne Department, Secretariat Buildings, District. Velagapudi, Amaravathi, Guntur Velagapudi, Amaravathi, Guntur 3. The District Collector and Magistrate, Eluru District, Eluru 4. The Revenue Divisional Officer, Eluru Division, Eluru District 5. The Tahsildar, Pedavegi Manda^Pedavegi, Eluru District 6. The Superintendent of Police, Eluru District, Eluru 7. The Deputy Superintendent of Police, (Law and Order), Eluru Divisional Eluru District 8. The Station House Officer, Pedavegi Police Station, Eluru District ' 9. Smt. Bolle Seetha Mahal^shmi , W/o. Seetha Ramaiah, Age 57 years. Resident of. D.No.9-1-56, Vennavallivari Peta, Eluru, Eluru District. 10. Gorinka Y^^ratnam, S/o. Gangayya, Jagannadhapuram, Pedavegi Mandal, Eluru District.'-^ 11. Smt Saripalle Sairendri, W/o. Kutumba Rao Chintallapudi, Denduluru Mandal, Eluru District 12. Mondem BJ^skara Rao, , S/o. Alexander, Jeelugumilli Mandal, Eluru District. Kandrika, Near Challa Resident of D.No.1-114, v.^ 13. Parise Venkata Nageswara Rao, S/o. Ankineedu Resident of D.No.15- 40, Hanuman Nagar, Eluru ...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 respondents No. 3 to 5, in implementing the Order dt 05.12.2012, ROC No.4062/2012/A and mutating the petitioners name to the agriculture land an extent of Ac.7.90 cents, situated in RS No. 133/1 (A. 1.50 cents), 133/2 (Ac.4.10 cents), 133/3 (Ac.0.18 cents), 134/1 (Ac.0.17 cents, 134/2 (Ac.0.50 cents), 134/3 (Ac.0.45 cents), Jaganadhapuram Village, Pedavegi Mandal, Eluru District as contrary to the Section 5 (1) of Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and violation of Article 14, 21 and 300A of Constitution of India and consequently, to direct the respondents no.3 to 5, to mutate the petitioner's name in revenue records by implementing the Order dt. 05.12.^12 and to direct the respondents no. 05.12.^12 and to direct the respondents no. 6 to 8, to provide protection to me from the unofficial respondents no. 8 to 12. 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 respondent no.5 to dispose of my application vide PGRS Application No. ELR202505265926, dt.26.0^2025, till pending disposal of the writ petition. Counsel for the Petitioner: SRI B. V. KRISHNA REDDY Counsel for the Respondent Nos.1, 3 to 5 :GP FOR REVENUE Counsel for the Respondent Nos.2, 6, 7 & 8 : GP FOR HOME ^ Counsel for the Respondent Nos.9 to 13 : NONE APPEARED The Court made the following order: • • 1 • • APHC010283552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14283/2025 Between: 1.BALUSU RAJA RAMAMOHANA RAO, S/0. SOMAYYA, AGE R/O.D.NO.1-23, 77 YEARS, JAGANNADHAPURAM DISTRICT. CULTIVATION, PEDAVEGI MANUAL, ELURU ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR AND MAGISTRATE, ELURU DISTRICT, ELURU 4. THE REVENUE DIVISIONAL OFFICER, ELURU DIVISION, ELURU DISTRICT 5. THE TAHSILDAR, PEDAVEGI MANUAL, PEDAVEGI, ELURU DISTRICT 6. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ELURU 7. THE DEPUTY SUPERINTENDENT OF POLICE, (LAW AND ORDER), ELURU DIVISIONAL, ELURU DISTRICT 8. THE STATION HOUSE OFFICER, PEDAVEGI POLICE STATION, ELURU DISTRICT 9. SMT SMT BOLLE SEETHA MAHALAKSHMI, , W/0. SEETHA RAMAIAH, AGE 57 YEARS. RESIDENT OF. D.NO.9-1-56, VENNAVALLIVARIPETA, ELURU, ELURU DISTRICT. 10.GORINKA YESURATNAM, S/0. GANGAYYA, 2 JAGANNADHAPURAM, PEDAVEGI MANDAL, ELURU DISTRICT. 11.SMT SARIPALLE SAIRENDRI, W/0. KUTUMBA RAO KANDRIKA, NEAR CHALLA CHINTALAPUDI, DENDULURU MANDAL, ELURU DISTRICT 12.MONDEM BHASKARA RAO. , S/0. ALEXANDER, RESIDENT OF D.NO.1-114, JEELUGUMILLI MANDAL, ELURU DISTRICT. 13.PARISE VENKATA NAGESWARA RAO, , S/0. ANKINEEDU RESIDENT OF D.NO.15-40, HANUMAN NAGAR, ELURU, ...RESPONDENT(S): This Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: “to issue a Writ, Order or direction, more particularly one in the nature of writ of Mandamus, declaring the inaction of the respondents No. 3 to 5, in implementing the Order dated 05.12.2012, ROC No.4062/2012/A and mutating the petitioners name to the agriculture land an extent of Ac. 7.90 cents, situated in RS No.133/1 (A. 1.50 cents), 133/2 (Ac.4.10 cents), 133/3 (Ac.0.18 cents), 134/1 (Ac. 0.17 cents, 134/2 (Ac.0.50 cents), 134/3 (Ac.0.45 cents), Jaganadhapuram Village, Pedavegi Mandal, Eluru District as contrary to the Section 5 (1) of Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and violation of Article 14, 21 and 300A of Constitution of India and consequently, to direct the respondents no. 3 to 5, to mutate the petitioner's name in revenue records by implementing the Order dt. 05.12.2012 and to direct the respondents no. 6 to 8, to provide protection to me from the unofficial respondents no. 8 to 12 and pass ” 3 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. The learned counsel for the petitioner submits that the petitioner 3. is the absolute owner and possessor of the agriculture landed property to an extent of Ac.7.90 cents in RS No.133/1 (Ac. 1.50 cents), 133/2 (Ac.4.10 cents), 133/3 (Ac.0.18 cents), 134/1 (Ac.0.17 cents, 134/2 (Ac.0.50 cents), 134/3 (Ac.0.45 cents), situated at Jaganadhapuram Village, Pedavegi Mandal, Eluru District, having acquired the subject land through registered sale deed in the year 1976. While things stood thus, the petitioner came to know that the revenue authorities mutated only Ac.02.12 cents in RS No. 134/1, 2, 3 and the remaining extent of Ac.5.78 cents in RS No.133/1, 2, 3 is not mutated in favour of the petitioner. For mutation of his name in respect of entire land, the petitioner made a representation to the 3 respondent dated 17.09.2012, the 3"^^ respondent forwarded the rd representation of the petitioner to the 4th respondent i.e.. Revenue Divisional Officer. After having an enquiry pursuant to the representation of the petitioner, the 4^*^ respondent passed an order dated 05.12.2012 directing the Tahsildar i.e., the 5^'^ respondent to remove the names of the unofficial respondent Nos.9 to 11 and 4 mutate the petitioner’s name in the revenue records. However, despite the directions issued by the 4*^^ respondent by way of order dated 05.12.2012, the 5**^ respondent neither considered nor mutated so far issued any further proceedings till date. Hence, the present writ petition. On the other hand, the learned Assistant Government Pleader 4. for Revenue appearing for the respondents furnished written instructions dated 18.06.2025 issued by the 5**^ respondent wherein it is stated as follows;- ‘‘Further I submitted that the than M.R.O. Pedavegi was issued pattadar pass book in favour of the petitioner an extent of Ac.1.17cts in R.S.No. 134-1, an extent of Ac.0.44cts in R.S.No.134-2, and an extent of Ac.OAIcts in R.S.No. 134-3 Total extent of Ac.2.02cts with khata No. 1834 on 11.11.2023 in Jagannadhapuram Village of Pedavegi Mandal. The petitioner is in possession of above scheduled land only. The land dispute raised in between 9 and 11 respondents. An extent of Ac.1.50 cts in R.S.No.133-1 of Jagannadhapuram Village in Pedavegi Mandal and the petitioner has filed in O.S.No. 2025. (S.R.No.455/2025 Dt:28.03.2025) against Mendem Bhaskara Rao S/o Alexander before the in the Court of the Hon'ble Civil Judge (Junior Division) Eluru. The said suit is pending before the above Hon'ble Civil Court at Eluru. Further I submitted that the petitioner is having an extent of Ac.2.02cts only in R.S.No. 134-1, 2, 3 in Jagannadhapuram Village of Pedavegi Mandal the petitioner is not in possession of land in R.S.No. 133-1 an 5 extent of Ac.1.50cts in Jagannadhapuram Village of Pedavegl Mandal. The said schedule land in possession of respondents 9-11 the said mater is in pending at the Hon'ble Civil Judge (Junior Division) Eluru. Even though the petitioner has approached the Hon’ble High court and filed Writ Petition against the respondents. The petitioner intentionaily blamed the respondents in this case”. 5. The learned Assistant Government Pleader further submits that the petitioner is not in possession of the entire subject land as claimed, but he is only in possession of an extent of Ac.2.02 cents in R.S. No. 134-1, 2, 3 of Jagannadhapuram Village, Pedavegi Mandal. The petitioner has been issued a Pattadar Passbook vide Khata No. 1834, dated 11.11.2023 in respect of the above admitted land. However, the remaining extent of Ac.1.50 cents in R.S. No. 133-1 of the same village is in the possession of respondent Nos. 9 and 11. The said dispute between the petitioner and respondent Nos. 9 and 11 is a civil dispute and should be resolved by initiating appropriate title proceedings before a jurisdictional court of law. He further submits that the petitioner has already filed O.S. (S.R. No. 455/2025), dated 28.03.2025, in respect of the remaining extent of land held by the respondents, and the same is pending for consideration. He further submits that to the extent of the land presently held in possession by 6 the petitioner, the respondents will consider the petitioner’s case under Section 5(1) of the Andhra Pradesh Rights in Land and I Pattadar Passbook Act, 1971. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, and on perusal of the material placed on record, including the written instructions issued by the respondent, i.e., the Tahsildar, dated 18.06.2025, it is observed that out of the total extent of Ac.7.90 cents claimed by the petitioner in various survey numbers, the respondents have admitted that the petitioner is in possession and he is the original owner of an extent of Ac.2.02 cents. As regards the remaining land, there are disputes between the petitioner and the unofficial respondents, for which the petitioner has already been initiated civil proceedings on 28.03.2025. 6. In view of the above facts, this Court is of the considered 7. opinion that the present writ petition can be disposed of by directing respondent Nos. 4 and 5 to consider the petitioner’s request for mutation under Section 5(1) of the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971, to the extent of land admitted by the respondents as it is in the possession of the petitioner. The entire 7 exercise shall be completed within a period of three months from the date of receipt of a copy of this order. However, the petitioner is at liberty to pursue appropriate legal remedies with respect to the remaining extent of land in accordance with law. 8. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- M.PRABHAKAR RAO //TRUE COPY// ASSISTANT REGISTRAR r SECTION OFFICER To, Revenue'^epartment, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi, Guntur 2. The Principal Secretary, Home De'p^ment, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur 1. The Principal Secretary, District. District. 3. The District Collector and Magistrate, ElumDistrict, Eluru 4. The Revenue Divisional Officer, Eluru'Division, Eluru District 5. The Tahsildar, Pedavegi MaVidal, Pedavegi, Eluru District 6. The Superintendent of Police, Eluru District, Eltfoi 7. The Deputy Superintendent of Police, (Law and Order), Elum Divisional, Eluru District 8. The Station House Officer, Pedavegi Police Station, Eluru District 9. One CC to Sri B. V. Krishna Reddy, Advocate [OPUC] 10. Two CCs to GP for HomeJ;:ttgh Court of Andhra Pradesh [OUT] 11. Two CCs to GP for RevenuFfHigh Court of Andhra Pradesh [OUT] 12. Two CD Copies X" Cnr ^ . HIGH COURT DATED:11/07/2025 ORDER WP NO. 14283 OF 2025 ^15 JUL DISPOSING OF THE W.P. WITHOUT COSTS