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2025 DAILYLAW 23727 (AP)

BARRE BANDIYYA v. THE STATE OF AP

WP/16703/2025 · 2025-07-06

Venkateswarlu Nimmagadda

body2025

Judgment text

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4 APHC010334082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16703 OF 2025 Between: Barre Bandiyya, S/o. Late Barre Peddiraju, aged about 34 years, R/o. H. No. 1-164/1, Chintarevu, Mutyalapalli Village, Mogaltur Mandal, West Godavari District - 534281 ...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, Krishna District. 3. The Revenue Divisional Officer, Machilipatnam, Krishna District. 4. The Tahsildar, Kruthivennu Mandal, Kruthivennu Krishna District. 5. The Village Revenue Officer, Matlam Village, Kruthivennu Mandal Krishna 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 a direction, or a writ, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent Nos. 2 to 5 in not issuing Pattadar passbook to the Petitioner in respect of lands to an extent of Ac. 0.18 Cents in R.S. No. 150 and an extent of Ac. 0.29 Cents ^ in R.S. No. 154 totaling to an extent of Ac. 0.47 Cents situated in Matlam Village, Kruthivennu Mandal Krishna District, is illegal arbitrary and unconstitutional, and consequently direct the respondents to issue fresh Pattadar Passbook in favor of Petitioner in respect of lands to an extent of Ac. 0.18 Cents in R.S. No. 150 and an extent of Ac. 0.29 Cents in R.S. No. 154 totaling to an extent of Ac. 0.47 Cents situated in Matlam Village, Kruthivennu Mandal, Krishna District. 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 respondent No. 2 to consider the representation of the Petitioner dated 08.01.2024, and to issue fresh Pattadar Passbook in favor of Petitioner in respect of lands to an extent of Ac. 0.18 Cents in R.S. No. 150 and an extent of Ac. 0.29 Cents in R.S. No. 154 totaling to an extent of Ac. 0.47 Cents situated in Matlam Village, Kruthivennu Mandal, disposal of the main Writ Petition. Counsel for the Petitioner: SRI G. SAMBA MURTHY Counsel for the Respondent Nos.1 & 3: GP FOR REVENUE The Court made the following order: Krishna District, pending APHC010334082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16703/2025 Between: 1.BARRE BANDIYYA, S/0. LATE BARRE PEDDIRAJU, AGED ABOUT 34 YEARS. R/0. H. NO. 1-164/1, CHINTAREVU, MUTYALAPALLI VILLAGE, MOGALTUR MANDAL, WEST GODAVARI DISTRICT - 534281 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, MACHILIPATNAM, KRISHNA DISTRICT. 4.THE TAHSILDAR, KRUTHIVENNU MANDAL, KRUTHIVENNU KRISHNA DISTRICT. 5.THE VILLAGE REVENUE OFFICER, MATLAM VILLAGE. KRUTHIVENNU MANDAL KRISHNA DISTRICT ...RESPONDENT(S): 2 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 topleased to issue an order, or a direction, or a writ, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent Nos. 2 to 5 in not issuing Pattadar passbook to the Petitioner in respect of lands to an extent of Ac. 0.18 Cents in R.S. No. 150 and an extent of Ac. 0.29 Cents in R.S. No. 154 totaling to an extent of Ac. 0.47 Cents situated in Matlam Village, Kruthivennu Mandal arbitrary and unconstitutional, and consequently direct the respondents to issue fresh Pattadar Passbook in favor of Petitioner in respect of lands to an extent of Ac. 0.18 Cents in R.S. No. 150 and an extent of Ac. 0.29 Cents in R.S. No. 154 totaling to an extent of Ac. 0.47 Cents situated in Matlam Village, Kruthivennu Mandal, Krishna District, and to pass 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 pleased to direct the respondent No. 2 to consider the representation of the Petitioner dated 08.01.2024, and to issue fresh Pattadar Passbook in favor of Petitioner in respect of lands to an extent of Ac. 0.18 Cents in R.S. No. 150 and an extent of Ac. 0.29 Cents in R.S. No. 154 totaling to an extent of Ac. 0.47 Cents situated in Matlam Village, Kruthivennu Mandal, Krishna District, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: Krishna District, is illegal 1.G SAMBA MURTHY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16703/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ pleased to issue an order, or a direction, or a writ, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent Nos. 2 to 5 in not issuing Pattadar passbook to the Petitioner in respect of lands to an extent of Ac.0.18 Cents in R.S.No.150 and an extent of Ac.0.29 Cents in R.S. No.154 totaling to an extent of Ac.0.47 Cents situated in Matlam Village, Kruthivennu Mandal, Krishna District, is illegal arbitrary and unconstitutional, and consequently direct the respondents to issue fresh Pattadar Passbook in favor of Petitioner in respect of lands to an extent of Ac.0.18 Cents in R.S. No. 150 and an extent of Ac.0.29 Cents in R.S. No. 154 totaling to an extent of Ac. 0.47 Cents situated in Matlam Village, Kruthivennu Mandal, Krishna District and to pass ” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.18 cents in R.S.No.150 and an extent of Ac.0.29 cents in R.S.No.154, totalling to an extent of Ac.0.47 cents situated in Matlam Village, Kruthivennu 4 Mandal, Krishna District. The petitioner acquired the subject land through a registered sale deed bearing Document No.566 of 2023, dated 15.04.2023. Pursuant to the same, the petitioner requested the respondent Nos.4 and 5 to issue Pattadar Passbook in his favour. As no action has been taken, the petitioner filed several representations through Spandana (PGRS) bearing NOS.KRI20231009146, KRI20231025156 and KRI202401081181, 09.10.2023, 25.10.2023 and 08.01.2024 to the 2"^ respondent respectively. Till date, no action has been taken by the 2^^^ respondent and no Pattadar Passbook was issued to the petitioner. Hence, the Writ Petition. dated On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 4*^ respondent dated 07.07.2025, wherein, the relevant portion is extracted hereunder: 4. “Instead of submitting his application through on line in Village stead Secretariat as directed in the endorsements already Issued, he has submitted two more applications in Spandana programme vide Application No.KRI202401081181, dated Application No. KRI120240301260, dated 1.3.2024 with some baseless allegations against the V.R.O., Matlam village. It was revealed in the preliminary enquiry that the applicant is not in the possession and enjoyment of the land applied for. Hence, endorsements to 8.1.2024 and '•'■'X 5 these two applications were also issued to him on 7.2.2024 and 30.3.2024 respectively. The applications for issue of e-pass books (Title deed-cum- pattadar pass book) are to be submitted through on line along with the documentary evidences. As per Rule 9(ii) of the A.P. Rights in Land and Books Rules, 1989, link documents are also to be filed by the applicant to consider application for issue of e-pass book. The applicant should also be in physical possession of the land applied for e- pass book. In these circumstances, it is submitted to the Hon'ble Court that, on receipt of application of the writ petitioner through on line along with all documentary evidences including link documents, his application will be considered by conducting detailed enquiry to dispose of his application. ” Learned Assistant Government Pleader further submits that the respondents will consider the said representations of the petitioner and will pass appropriate orders in that regard. Pattadar Pass \ ] 5. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the petitioner to submit 6A application to the respondents along with payment particulars of requisite fee within a period of three (03) weeks from the date of receipt of a copy of this Order. After the receipt of the same, the respondents are directed to consider the same and pass appropriate order after providing an 6. 6 opportunity of personal hearing to the petitioner and other stake holders, if any, within a period of three (03) months thereafter. 7. In the result, 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. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The PrI. Secretary, Revenue Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Krishna District. The Revenue Divisional Officer, Machilipatnam, Krishna District. The Tahsildar, Kruthivennu Mandal, Kruthivennu, Krishna District. The Village Revenue Officer, Matlam Village, Kruthivennu Mandal Krishna District One CC to Sri G. Samba Murthy, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED:07/07/2025 I 02 AUG 2025 m Current Section ORDER WP No.16703 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS