APHC010312572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16031/2025 Between: 1. KUNCHALA VIJAYA, W/O. SREENU, AGED 51 YEARS, OCC- CULTIVATION, R/O. SOMARAJUPALLI VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT. 4. THE TAHSILDAR, SINGARAYAKONDA MANDAL, SINGARAYAKONDA, PRAKASAM DISTRICT. ...RESPONDENT(S): 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 may be pleased to Issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not considering petitioners representation and Form VI (A) application dated 25.04.2025, submitted for issuing E-pattadar Passbook Cum Title Deed and mutation of the petitioners name in all Online Web Land Revenue Records including Adangal/Pahani, l-B register and Record of 2 NV,J W.P.NO.16031 OF 2025 Rights, connected to her lands in Sy. Nos. Nos. 659/3 an extent of Ac.2.74 cents situated in Somarajupalli Revenue Village, Singarayakonda Mandal, Prakasam District and to rectify the erroneous entry marked as notional khata against the said land, as illegal, irregular and amounts to non discharge of legal obligation conferred on respondents under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4rt Respondent to mutate her name in all online web land revenue records including Adangal Pahanies and IB register by granting E-Pattadar Passbook and Title Deed in respect of petitioner aforesaid land and also to remove the said land from the notional khata and pass IA 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 Pleased to direct the 4rt respondents to initiate the appropriate steps in pursuant to petitioner’s representation and Form VI (A) application dated 25.04.2025, submitted for issuing E-pattadar Passbook Cum Title Deed and mutation of the petitioner name in all Online Web Land Revenue Records including Adangal/Pahani, l-B register and Record of Rights, connected to her lands in Sy. Nos. 659/3 an extent of Ac.2.74 cents situated in Somarajupalli Revenue Village, Singarayakonda Mandal, Prakasam District and to rectify the erroneous entry marked as notional khata against the said land, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 NV,J W.P.NO.16031 OF 2025 The Court made the following ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not considering petitioner’s representation and Form VI (A) application dated 25.04.2025, submitted for issuing E-pattadar Passbook Cum Title Deed and mutation of the petitioner’s name in all Online Web Land Revenue Records including Adangal/Pahani, l-B register and Record of Rights, connected to her lands in Sy. Nos. 659/3 an extent of Ac.2.74 cents situated in Somarajupalli Revenue Village, Singarayakonda Mandal, Prakasam District and to rectify the erroneous entry marked as notional khata against the said land, as illegal, irregular and amounts to non discharge of legal obligation conferred on respondents under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4th Respondent to mutate her name in all online web land revenue records including Adangal Pahanies and IB register by granting E-Pattadar Passbook and Title Deed in respect of petitioner aforesaid land and also to remove the said land from the notional khata and pass....”(in verbatim) 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioner is that she is the absolute owner, possessor and enjoyment of the assigned land to an extent of Ac.2-74 cents at Somarajupalli Revenue Village, Singarayakonda Mandal, Prakasam District. Since then, she has been in peaceful possession and enjoyment of the land, and pattadar passbook and title deed were issued in her favour in respect of the said land. 4. While so, the petitioner submitted an application for mutation as well as issuance of E-Pattadar Passbooks, on 25.04.2025, but sofar the same was neither considered nor passed any other proceedings by the respondent. Hence, the present writ petition. 4 NV,J W.P.NO.16031 OF 2025 5. On the other hand, learned Assistant Government Pleader for Revenue furnished written submitted by the 4th respondent on 29.06.2025, wherein it is stated that:- “In this connection, it is respectively submitted that, the applicant, Smt. Kunchala Vijaya W/o. Srinu was assigned an extent of Ac 2.74 in Sy. No.659/3 of Somarajupalli Revenue Village, Singarayakonda Mandal under D-Form Patta bearing no F.Dis. No. 28/1407, dated: 17.07.1997. For mutation of her name into webland adangal, as seen from the webland adangal at Sy. No.659/3, the classification is noted at 6th column as "Government Land". Though the assigned land is Government land and the applicant is an original assignee, the Tahsildar has no power to mutate if the 6th column noted as Government land in webland adangal. The Joint Collector, Prakasam District, Ongole has competency to enable the option for modifications into webland adangal. Hence, a report is submitted to the Joint Collector, Prakasam District, Ongole vide this Office Rc DT/762/2025, Dt: 25.06.2025. As and when getting approval from the Competent Authority, i will take steps to mutate the land of the applicant into webland adangal” 6. It is further submitted that although the land was assigned in favour of the petitioner, the classification of the land continues to be recorded as Government land in the revenue records. Unless the nature of the land is changed, mutation and issuance of an E-Pattadar Passbook cannot be processed. A report has already been submitted to the Joint Collector requesting a change in classification on 25.06.2024. Upon receiving appropriate directions or approval from the 2nd respondent, the 4th respondent shall consider and process the petitioner’s claim in accordance with law at the earliest. 7. Considering the submissions made by the learned counsel on both sides and upon perusal of the material on record, it appears that the petitioner was assigned the subject land in the year 1997. Although the land was assigned in her favour and converted as DKT Patta land, it continues as classified as Government land in the revenue records. Despite the lapse of nearly three decades, the petitioner did not take steps for changing the classification of land based on the assignment was already made in her favour. As the respondents have admitted the assignment in favour of the 5 NV,J W.P.NO.16031 OF 2025 petitioner through the instructions dated 29.06.2024, the concerned authorities are bound to consider her application for mutation in accordance with law. Therefore, respondents 2 to 4 are directed to consider the application/representation of the petitioner and pass appropriate orders or redress her grievance within a period of four (04) months from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:03.07.2025 LSP 6 NV,J W.P.NO.16031 OF 2025 171 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16031/2025 Date:03.07.2025 LSP