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2025 DAILYLAW 21356 (AP)

DUPAGUNTLA ANNAPURNA v. THE STATE OF ANDHRA PRADESH

WP/15134/2025 · 2025-06-23

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010300732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15134 OF 2025 Between: Dupaguntia Annapurna, W/o Late D.Samba Siva Rao, Aged 74 yrs. Senior Citizen, R/o D.No.43-103-11 .PNT Colony. Ajit Singh Nagar, Vijayawada, NTR District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Andhra Pradesh 2. The District Collector, Guntur District, Guntur. 3. The Revenue Divisional Officer, Guntur Division, Guntur. 4. The Tahsildar, Tadikonda Mandal,Guntur District. 5. The Village Revenue Officer, Lam Village, Tadikonda Mandal, Guntur District. 6. Dupaguntia Veetabliadraiah, S/o Lingalah, Lam Village, Tadikonda Mandal, Guntur District. Velagapudi, Amaravati, Guntur 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 order or orders or direction or a writ one in the nature of Writ of Mandamus to declaring the action of the respondents more particularly Respondent No.3 and 4 in not mutating the name of the petitioner in revenue records pertaining to the land to an extent of Ac.0.50 cents in Survey N0.61/B1 B3 of Lam Village, Tadikonda Mandal, Guntur District as illegal, arbitrary, discriminatory, and contrary to the provisions under AP Rights in land and Pattadhar Passbook Act, 1971, violative of Articles 14, 19, 21 and 300A of the Constitution of India and in violation of principles of natural justice and consequently to direct the Respondent No.3and 4, to consider the representation dated 18.09.2024 of the petitioner and to mutate and incorporate the petitioner name in all the revenue records and web portal of meebhoomi and any other web portals, by deleting the name of the 6*'' Respondent pertaining to the land to an extent of Ac.0.50 cents in Survey N0.6I/BI B3 of Lam Village, Tadikonda Mandal, Guntur District and to further Issue pattadar passbooks and title deeds in favour of petitioner and pass such 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 may be pleased to direct the respondents more particularly Respondent No.3 & 4 to consider the application of Petitioner, dated 18,09.2024 for mutation of all the records and online records pertaining to the land to an extent of Ac.0.50 cents in Survey N0.6I/BI B3 of Lam Village, Tadikonda Mandal, Guntur District. Counsel for the Petitioner: SRI SOURI BABU DUPPATI Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent N0.6:— The Court made the following order: 1 APHC010300732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15134/2025 Between: Dupaguntia Annapurna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SOURI BABU DUPPATI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15134/2025 The Court made the following Order: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “...may be pleased to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus to declaring the action of the respondents more particularly Respondent No 3 and 4 in not mutating the name of the petitioner in revenue records pertaining to the land to an extent of Ac 0.50 cents in Survey NO 61/B1 B3 of Lam Village Tadikonda Mandal Guntur District as illegal arbitrary discriminatory and contrary to the provisions under AP Rights in land and Pattadhar Passbook Act 1971 violative of Articles 14 19 21 and 300A of the Constitution of India and in violation of principles of natural justice and consequently to direct the Respondent No 3 and 4 to consider the representation dated 18.09.2024 of the petitioner and to mutate and incorporate the petitioner name in all the revenue records and web portal of meebhoomi and any other web portals by deleting the name of the 6th Respondent pertaining to the land to an extent of Ac 0 50 cents in Survey NO 61/BI B3 of Lam Village Tadikonda Mandal Guntur District and to further Issue pattadar passbooks and title deeds in favour of petitioner and pass such..” The learned counsel for the petitioner submitted that the petitioner’s husband, Late Dupaguntia Sambasiva Rao, was the absolute owner and possessor of Ac.0.50 cents in Sy.No.61/B1, B3 of Lam Village, Tadikonda Mandal, Guntur District, acquired under an oral partition in 1985 from his father and brothers. The 2. The 2. 3 I said land originally formed part of Ac.2.65 cents purchased by the petitioner's father-in-law through registered sale deeds bearing Pursuant thereto, the petitioner's husband’s name was mutated in the revenue records, Pattadar Passbook bearing Khatha No.468 was issued, and his name was reflected in the Adangals for Faslis 1395 and 1412. The petitioner’s family has been in continuous possession and enjoyment of the said property since 1985. It is submitted that the 6th respondent, brother of the petitioner's husband, unlawfully mutated his name in the revenue records and obtained a Pattadar Passbook without any right or entitlement. The revenue authorities, without notice or due process, cancelled Khatha No.468 and altered the records. It is further submitted that after the petitioner’s husband’s demise on 15.01.2021, the petitioner filed PLC No.77/2023 before the Hon’ble Chairman-cum-Senior Civil Judge, Mangalagiri. The 4*^ respondent-Tahsildar submitted a report vide Rc.No.360/2023-DT, dated 11.01.2024, confirming the petitioner’s husband’s entries in revenue records. The petitioner also submitted a representation dated 18.09.2024 to the 3"^^ respondent for mutation of her name by deleting the 6th respondent’s name. Though the 3'^'^ respondent forwarded it to the Doc.Nos.567/1972 and 440/1982. 4 / 4*'^ respondent, no action has been taken till date. Hence, the writ petition. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that if the petitioner submits a Form-6A application for mutation of the petitioner’s name in the revenue records in respect of the subject property, the respondent authorities will consider the same and pass appropriate orders in accordance with the law. 3. V I Heard the learned counsel for the petitioner and the 4. learned Government Pleader appearing for the respondents. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the petitioner to submit an application in Form No.6A seeking for mutation of her name in the revenue records, within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of the said representation/application of the petitioner, the respondent No.4 shall consider the same and shall pass 5. 5 appropriate orders under provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 within (02) months, in accordance with the law. a period of two 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if the writ petition shall stand closed. any, pending in Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh The District Collector, Guntur District, Guntur. The Revenue Divisional Officer, Guntur Division, Guntur. The Tahsildar, Tadikonda Mandal,Guntur District. The Village Revenue Officer, Lam Village, Tadikonda Mandal, Guntur District. X^One CC to Sri Souri Babu Duppati, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. 2. 3. 4. 5. ssb HIGH COURT DATED:24/06/2025 ORDER WP No.15134 OF 2025 ov =5 15JUL2025 m to 9.^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS