APHC010329842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17121/2025 Between: 1. KONERU VARSHINI,, D/O.SRINIVAS, AGED ABOUT 29 YEARS, R/O.D.NO.14-261, MAHADEVAPURAM COLONY, KANURU, VIJAYAWADA, REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER, KARNATI SRINIVASA RAO, S/O LAKSHMAIAH, AGED ABOUT 60 YEARS, R/O.D.NO.2-108, NELAPADU VILLAGE, TULLURU MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, GUNTUR, GUNTUR DISTRICT. 4. THE TAHSILDAR, TULLURU MANDAL, TULLURU, GUNTUR 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 tomaybe pleased to issue a Writ, order or Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 4th respondent in not mutating of the petitioners name in their revenue records 2 and in not issuance Pattadar Pass Book and title deed regarding Ac.3.32 cents of dry land in D.No.68 of Velagapudi Grama Panchayat, Tulluru Mandal, Guntur District, Mangalagiri Sub Registry in favour of the petitioner are illegal, arbitrary and unconstitutional and consequently direct the 4th respondent to mutate the petitioners name in their revenue records and to issue Pattadar Pass Book and title deed in his favour regarding Ac.3.32 cents of dry land in D.No.68 of Velagapudi Grama Panchayat, Tulluru Mandal, Guntur District and to 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 may be pleased to direct the 4'*^ respondent to mutate the petitioner’s name in their revenue records and to issue Pattadar Pass Book and title deed in her favour regarding Ac.3.32 cents of dry land in D.No.68 of Velagapudi Grama Panchayat, Tulluru Mandal, Guntur District and to pass Counsel for the Petitioner: 1. KOGANTI NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17121/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not mutating of the petitioner’s name in the revenue records and in not issuance Pattadar Pass Book and title deed regarding Ac.3.32 cents of dry land in D.No.68 of Velagapudi Grama Panchayat, Tulluru Mandal, Guntur District, Mangalagiri Sub Registry in favour of the petitioner are illegal, arbitrary and unconstitutional and consequently direct the 4th respondent to mutate the petitioner’s name in their revenue records and to issue Pattadar Pass Book and title deed in his favour regarding Ac.3.32 cents of dry land in D.No.68 of Velagapudi Grama Panchayat, Tulluru Mandal, Guntur District and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner’s maternal grandfather executed a Will dated 09.01.1997 bequeathing his properties in favour of his wife, petitioner and his brother Koneru Sai Teja. After the death of the petitioner’s maternal grandfather, his wife in collusion with one Yadla Naga Madhura Lalasa sold away the dry land admeasuring to an extent of Ac.3.32 cents in D.No.68 of Velagapudi Gram Panchayat, Tulluru Mandal, Guntur District vide registered sale deed dated 10.05.2002. 4 Aggrieved by the same, the petitioner instituted a suit i.e., O.S.No.273 of 2015 on the file of the Senior Civil Judge, Mangalagiri seeking declaration. The trial court decreed the said suit in favour of the petitioner vide judgement and decree dated 10.08.2016. In the meanwhile, the Capital Region Development Authority acquired the subject property under the land pooling scheme with an understanding to allot plots and pay maktha to the land owners for certain period. Later, the petitioner was allotted house plots/residential plots pursuant to the acquisition of land under A.P. Capital Region Development Authority Act, 2014. He further submits that even though the court below declared that the petitioner is the absolute owner and possessor of the subject land and though the APCRDA allotted plots, the revenue people did not carry any mutation in respect of the subject land. 4. On the other hand, learned Government pleader for the respondents furnished written instructions dated 09.07.2025 issued by the 4th respondent, wherein it is stated as follows: “In obedience of the orders issued by the Hon’ble Court the APCRDA authorities have mutated the name of the petitioner herein viz., Koneru Varshini in the place of original allottee by name Yadla Naga Madhura Lalasa W/.SAmbasiva Rao of Guntur and allotted tentative certificates for residential plots and commercial plots and the allotment letters issued. The APCRDA authorities have paid a sum of Rs.9,96,800/- towards yearly Maktha 5 buy remitting the said amount to the petitioner’s bank account at SBI, Ashok Nagar Branch, Vijayawada on 16.09.2024. In this matter as regards the request of the petitioner herein for mutation of her name in revenue records vide No.MUT241223068726 dated 23.12.2024 as the subject land is vested in APCRDA and Maktha is also being paid the mutation of names if any is in the purview of the APCRDA authorities in respect of the lands taken over under Land Pooling Scheme, and hence the said application is rejected by the 4th respondent herein on 06.02.2025.” 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record as well as written instructions of the 4th respondent, it appears that the subject land was already surrendered to the APCRDA by the defendants in the suit pursuant to the provisions of the APCRDA Act, 2014. After judgment and decree of the court below dated 10.08.2016, the plots allotted in favour of the defendants in the suit were cancelled and re- allotted in favour of the petitioner and the same was admitted by the counsel for the petitioner herein. 6. In view of the facts and circumstances as stated above, it is observed that the claim of the petitioner that even though the Court below passed decreed in favour of the petitioner, the revenue authorities not carried any mutation in favour of the petitioner, is contrary to the facts, as the nature of the land already changed from 6 agricultural to non-agricultural purpose by virtue of APCRDA Act, 2014 and it was converted into plots in compliance of the provisions of APCRDA Act and the petitioner was allotted plots. Therefore, the claim of the petitioner to treat the subject property as agricultural land and mutate the same in his favour as per Section 5 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 does not arise. Furthermore, the petitioner already admitted that the plots were allotted to the petitioner and he was in possession and enjoyment of the same pursuant to the judgment and decree passed by the court below dated 10.08.2016. Therefore, the claim of the petitioner in the Writ Petition cannot be considered in the light of the reasons as stated above. Hence, the Writ Petition is liable to be closed. 7. With the above observations, the Writ Petition is closed. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1100..0077..22002255 TTPPSS 7 233 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:17121 of 2025 1100..0077..22002255 TTPPSS