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2025 DAILYLAW 23969 (AP)

Sk. Imambi, v. The State of Andhra Pradesh,

WP/17207/2025 · 2025-07-09

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010337762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17207 OF 2025 Between: Sk. Imambi, W/o. Chinna Rahamtulla, Muslim, aged about 65 years, Occ: Agriculture, R/o. Bodavada Village, Pamur Mandal, Prakasam District ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 3. The District Collector, Collectorate Compound, Ongole City, Prakasam District. 4. The Tahsildhar, PamurMandal, Prakasam District. 5. The Superintendent of Police, District Police Office - Ongole, Prakasam District. 6. The Station House Officer, Pamur Police Station, Pamur Town and Mandal, Prakasam 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 a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 4th respondent failed in considering representation of petitioner dt. 17.07.2024 for initiating mutation process and issue the E-Pass book for an extent of Ac. 2.74 Cents in Sy.No. 43/23 land situated at Bodavada Village, PamurMandal, Prakasam Districtas illegal, arbitrary and violation of Principles of Natural justice under the constitution of India andconsequently direct the respondents to consider the representation of the petitioner in view of initiating the Mutation process and issue the patta e-Pass Book infavour of petitioner herein by quashing the unlawfull activities made if any by the respondents herein as shown in the photo films Exhibit -3 submitted herein and consequently direct the respondent (SHO Pamur PS) -3 not to initiate the criminal proceedings if any against the petitioner herein her men and agents which is subject to the main writ proceedings. 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 grant stay from dispossession of petitioner from the lands of petitioner in Sy.No 43/23 for an extent of Ac. 2.74 Cents situated at Bodavada Village, Pamur Mandal, Prakasam District passed against the Respondentherein until the Pending disposal of writ petition. lA NO: 2 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 / Police officials concerned not to initiate the criminal proceedings against the petitioner and her men and agents by way of arrest proceedings, until the Pending disposal of writ petition. Counsel for the Petitioner: SRI KHAJARAHAMATULLA S Counsel for the Respondent Nos.1,3 & 4: GP FOR REVENUE Counsel for the Respondent Nos.2,5 & 6: GP FOR HOME The Court made the following order: APHC010337762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0;*0 [3329] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17207/2025 Between: 1.SK. IMAMBI,, W/0. CHINNARAHAMTULIA, MUSLIM, AGED ABOUT 65 YEARS, OCC- AGRICULTURE, R/0. BODAVADA VILLAGE, PAMURMANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARY. VELAGAPUDI, GUNTUR DISTRICT. REVENUE SECRETARIAT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. SECRETARY, 3.THE DISTRICT COLLECTOR. COLLECTORATE COMPOUND, ONGOLE CITY, PRAKASAM DISTRICT. 4.THE TAHSILDHAR, PAMURMANDAL, PRAKASAM DISTRICT. 5.THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE - ONGOLE, PRAKASAM DISTRICT. 6.THE STATION HOUSE OFFICER. PAMUR POLICE STATION. PAMUR TOWN AND MANDAL, 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 2 pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 4threspondent failed in considering representation of petitioner dt. 17.07.2024 for initiating mutation process and issue the E-Pass book for an extent of Ac. 2.74 Cents in Sy.No. 43/23 land situated at Bodavada Village, PamurMandal, Prakasam Districtas illegal, arbitrary and violation of Principles of Natural justice under the constitution of India andconsequently direct the respondents to consider the representation of the petitioner in view of initiating the Mutation process and issue the patta e-Pass Book infavour of petitioner herein by quashing the unlawfull activities made if any by the respondents herein as shown in the photo, films Exhibit -3 submitted herein and consequently direct the respondent (SHO Pamur PS) -3 not to initiate the criminal proceedings if any against the petitioner herein her men and agents which is subject to the main writ proceedings and pass N 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 grant stay from dispossession of petitionerfrom the lands of petitioner in Sy.No. 43/23 for an extent of Ac. 2.74 Cents situated at Bodavada Village, PamurMandal, Prakasam District passed against the Respondent herein until the Pending disposal of writ petition, and pass lA NO: 2 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 / Police officials concerned not to initiate the criminal proceedings against the petitioner and her men and agents by way of arrest proceedings, until the Pending disposal of writ petition, and pass Counsel for the Petitioner: 1. KHAJARAHAMATULLA S Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: w 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17207/2025 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 4threspondent failed in considering representation of petitioner dated 17.07.2024 for initiating mutation process and issue the E-Pass book for an extent of Ac. 2.74 Cents in Sy.No.43/23 land situated at Bodavada Village, Pamur Mandal, Prakasam District as illegal, arbitrary and violation of Principles of Natural justice under the constitution of India and consequently direct the respondents to consider the representation of the petitioner in view of initiating the mutation process and issue the patta e-Pass Book infavour of petitioner herein by quashing the unlawfull activities made if any by the respondents herein as shown in the photo films Exhibit -3 submitted herein and consequently direct the respondent (SHO Pamur PS) -3 not to initiate the criminal proceedings if any against the petitioner herein her men and agents which is subject to the main writ proceedings and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner made a representation to the respondents seeking to mutate the name of petitioner in the revenue records in respect of the subject land. But so far the respondent authorities have not 4 considered the said application. As such, prayed for a direction to the respondents to dispose of the application filed by the petitioner by fixing a time frame. 4. On the other hand, learned Assistant Government Pleader for the respondents furnished written instructions dated 08.07.2025 issued by the 4^^ respondent, wherein it is stated as follows: “It is submitted that the petitioner never made any representation for regularization of unregistered document under Sadabinama. It is submitted that the other allegations made against this respondent are false and put to strict proof of the same by the petitioner. It is submitted that, on enquiry it revealed that there is a dispute between the present petitioner and the legal heirs of the original pattadars with respect of the land in Sy. No. 43/23.” 5. Learned Assistant Government Pleader for the respondents further submits that if the petitioner wants to mutate her name in the revenue records, she has to make an application through Mee-Seva or Grama Sachivalayam in view of G.O.Ms.No.209 Revenue (EA & AR) Department, dated 14.06.2017 and G.O.Ms.No.3 Information Technology & Communications (Infra) Department, dated 22.02.2012 then the revenue authorities would consider the same, in accordance with law. 5 6. To the said submission, learned counsel for the petitioner requested to give a liberty to the petitioner to make application through Mee-SevaA/illage Secretariat as per the said G.O. 7. Taking the submissions of learned counsel for the petitioner as well as learned Assistant Government Pleader for respondents into consideration, as the petitioner intends to submit application through Mee-seva/village Secretariat and the authorities have intention to consider the same there is no purpose in keeping this Writ Petition pending by inviting counter. As such, this Court is inclined to dispose of the Writ Petition, at the admission stage, with the following direction; 1. The petitioner is at liberty to make application through Mee-SevaA/illage Secretariat as per G.O.Ms.No.209 Revenue (EA & AR) Department, dated 14.06.2017 and G.O.Ms.No.3 Information Technology & Communications (Infra) Department, dated 22.02.2012. 2. On such application, the respondent authorities are directed to consider and dispose of the same in accordance with the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, within a period of three (3) months from the date of the online application filed by the petitioner. 6 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Principal Secretary, Home Department, State Secretariat, Velagapudi, Guntur District. 3. The District Collector, Collectorate Compound, Ongole City, Prakasam District. 4. The Tahsildhar, PamurMandal, Prakasam District. 5. The Superintendent of Police, District Police Office District. 6. The Station House Officer, Pamur Police Mandal, Prakasam District. 7. One CC to Sri Khajarahamatulla S, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra r 9. Two CCs to GP for Revenue, High Court of Andhra 10. Two CD Copies Revenue Department, State of Andhra of Andhra Pradesh - Ongole, Prakasam Station, Pamur Town and Pradesh [OUT] Pradesh [OUT] ssb HIGH COURT DATED:10/07/2025 iUG 2025 m Current Section ORDER WP NO. 17207 OF 2025 ★ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS