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2025 DAILYLAW 23904 (AP)

YAKKALI LAKSHMI DEEPAK v. THE STATE OF ANDHRA PRADESH

WP/17028/2025 · 2025-07-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010337422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17028 OF 2025 Between: Yakkali Lakshmi Deepak, S/o. Late Adinarayana, Aged 39 years, Occ Business, R/o. Door No. 8-90/D, Main Road, Opp Syamalamma Gudi Kaikaluru, Eluru District.(Erstwhile Krishna District) ...Petitioner AND 1. The State Of Andhra Pradesh, Government, Revenue Department Amaravati, Guntur District. 2. The District Collector, Eluru District at Eluru. District). 3. The Revenue Divisional Officer, Eluru Revenue Division, Eluru District. 4. The Tahsildar, Kaikaluru Mandal District). 5. The Village Revenue Officer, Atapaka Village, Kaikaluru Mandal, Eluru District (Erstwhile Krishna District). Rep.by Principal Secretary to Secretariat, Velagapudi, (Erstwhile Krishna Eluru District (Erstwhile Krishna ...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 respondents particularly respondents 4 and 5 on petitioner's representation/objections dt. 12.06.2025, submitted for illegally, irregularly and recording of wrong entries in all web land record of rights in respect of petitioner's inherited property Land of Ac. 0.4250 Cents in Sy.No. 214-4B of Atapaka Revenue Village, Kaikaluru Mandal, Eluru District (Erstwhile Krishna District), without issuing prior notice to him nor enquiry and inviting his objections and opportunity of hearing to him, in violation of principles of natural justice, and in contravention to law laid down by Full Bench of this Hon'ble Court in Chinnam Pandurangam Vs. Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District and Others reported in 2007 (6) ALD 348 (FB).,as illegal, irregular, irrational, violative of the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly 4TH respondent to restore the wrong entries in all web land records of petitioner's inherited property. 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 respondents particularly 4TH respondent to consider and initiate necessary action on petitioner’s representation/objections dt. 12.06.2025, to restore the wrong entries of record of rights in all web land records in respect of his inherited property Land of Ac. 0.4250 Cents in Sy.No. 214-4B of Atapaka Revenue Village, Kaikaluru Mandal, Eluru District (Erstwhile Krishna District), pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI KISHORE KUMAR KATARI Counsel for the Respondent Nos.1 to 5; GP FOR REVENUE The Court made the following order; APHC010337422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17028/2025 Between: I.YAKKALI LAKSHMI DEEPAK, S/0. LATE ADINARAYANA, AGED 39 YEARS, OCC BUSINESS, R/0. DOOR NO. 8-90/D, MAIN ROAD, OPP SYAMALAMMA GUDI KAIKALURU, ELURU DISTRICT.(ERSTWHILE KRISHNA DISTRICT) ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REP.BY PRINCIPAL 2.THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. (ERSTWHILE KRISHNA DISTRICT). 3.THE REVENUE DIVISIONAL OFFICER, ELURU REVENUE DIVISION ELURU DISTRICT. 4.THE TAHSILDAR, , KAIKALURU MANDAL, ELURU DISTRICT (ERSTWHILE KRISHNA DISTRICT). 5.THE VILLAGE REVENUE OFFICER, ATAPAKA VILLAGE, KAIKALURU MANDAL, ELURU DISTRICT (ERSTWHILE KRISHNA 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 2 pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents particularly respondents 4 and 5 on petitioner's representation/objections dt. 12.06.2025, submitted for illegally, irregularly and recording of wrong entries in all web land record of rights in respect of petitioner's inherited property Land of Ac. 0.4250 Cents in Sy.No. 214-4B of Atapaka Revenue Village, Kaikaluru Mandal, Eluru District (Erstwhile Krishna District), without issuing prior notice to him nor enquiry and inviting his objections and opportunity of hearing to him, in violation of principles of natural justice, and in contravention to law laid down by Full Bench of this Hon'ble Court in Chinnam Pandurangam Vs. Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District and Others reported in 2007 (6) ALD 348 (FB).,as illegal, irregular, irrational, violative of the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly 4TH respondent to restore the wrong entries in all web land records of petitioner's inherited property and 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 respondents particularly 4TH respondent to consider and initiate necessary action on petitioner’s representation/objecti ons dt. 12.06.2025, to restore the wrong entries of record of rights in all web land records in respect of his inherited property Land of Ac. 0.4250 Cents in Sy.No. 214-4B of Atapaka Revenue Village, Kaikaluru Mandal, Eluru District (Erstwhile Krishna District), pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.KISHORE KUMAR KATARI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: J 3 £ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17028 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of 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 respondents particularly respondents 4 and 5 on petitioner’s representation/objections dt. 12.06.2025 submitted for illegally, irregularly and recording of wrong entries in all web land record of rights in respect of petitioner’s inherited property Land of Ac. 0.4250 Cents in Sy. No.214-4B of Atapaka Revenue Village, Kaikaluru Mandal, Eluru District (Erstwhile Krishna District) without issuing prior notice to him nor enquiry and inviting his objections and opportunity of hearing to him in violation of principles of natural justice and in contravention to law laid down by Full Bench of this Hon’ble Court In Chinnam Pandurangam Vs. Mandal Revenue Cfficer, Serilingampally Mandal, Ranga Reddy District and Cthers reported In 2007 (6) ALD 348 (FB) as Illegal, Irregular, irrational violative of the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act 1971 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly 4™ respondent to restore the wrong entries in all web land records of petitioner’s inherited property and pass such other order. ’’ Heard the learned counsel for the petitioner and the learned 2. Government Pleader for Revenue appearing for the respondents. Learned counsel for the petitioner submits that the petitioner submitted an application seeking mutation in respect of land 3. Ac.0.4250 cents in Sy.No.214-4B of Atapaka Grama Panchayat Kaikaluru Mandal, Eluru District, having acquired the same through his ancestors/father. Even though the petitioner made an application ,'v 4 V;, for mutation on 12.06.2025, the 4^'^ respondent herein neither considered the representation nor issued any other proceedings. On the other hand, the learned Assistant Government 4. Pleader for the respondents furnished written instructions of 4‘'^ respondent dated 07.07.2025, wherein it is stated as follows; It is further submitted that the mutation was processed in full compliance with the provisions of the Andhra Pradesh Rights in Land and Pattadar passbooks Act, 1971 and the rules framed thereunder. /As per the prescribed procedure, a notice was Issued and widely published, Inviting objections from the general public and interested parties. The notice period was observed diligently, and no objections were received within the stipulated time frame. Therefore, there was no dispute or challenge raised at the relevant stage. Based on the unopposed application and supporting documents, the mutation proceedings were finalized. Her name was correctly entered into the Webland records as the legal successor, the process was fair, legal and transparent in every respect. The petitioner, despite having knowledge of the proceedings, chose to remain silent and did not raise any objection during the mutation process. Having acquiesced to the process and voluntarily accepted the transfer, the petitioner is now estopped from raising objections at this belated stage, as the petitioner’s current grievance is a clear after thought. There is no violation of principles of natural justice as alleged. Adequate opportunity of hearing was given through public notice, which was never contested at the appropriate time. 5. The learned Assistant Government Pleader further submits that the representation of the petitioner is under consideration of the 5 respondents and notices were also issued to redress the claim of the petitioner. 6. Considering the submissions made by both the learned counsel and on perusal of the written instructions of 4"" respondent, the representation of the petitioner is under consideration and issued notices to the parties concerned to redress the grievances of the petitioner, in view of the same, this Court inclined to direct the respondent to proceed further to complete the enquiry and pass appropriate orders in accordance with Section 5 of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, after providing opportunity of hearing to the petitioner and other stake holders, if any, within a period of two months from the date of receipt of copy of this order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a ,sequel miscellaneous applications, pending, if any, shall also stand closed. Sd/- K. TATA RAO DeIS^ REGtSTRAR 1^ //TRUE COPY// SECTION OFFICER To, to Government, Revenue Department, 1. The Principal Secretary Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Eluru District at Eluru. (Erstwhile Krishna District). 3. The Revenue Divisional Officer, Eluru Revenue Division, Eluru District. 4. The Tahsildar, , Kaikaluru Mandal, Eluru District (Erstwhile Krishna District). 5. The Village Revenue Officer, Atapaka Village, Kaikaluru Mandal, Eluru District (Erstwhile Krishna District). 6. One CC to Sri. Kishore Kumar Katari Advocate [OPUC] 7. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AU M i h (■M I ■f'' ■! HIGH COURT DATED:09/07/2025 ORDER WP NO. 17028 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS