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2025 DAILYLAW 24010 (AP)
V PAVAN KUMAR v. THE STATE OF AP
WP/16949/2025 · 2025-07-07
Venkateswarlu Nimmagadda
body2025
[ 2025 DAILYLAW 24010 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 24010 (AP) · dailylaw.ai ]
Judgment text
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n ♦, APHC010339102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16949 OF 2025 Between:
1. V Pavan Kumar, S/o V. Vijayabhaskar Reddy, Aged 30 years, Occ Private Service / Agriculturist, R/o. D.No.6-135, ward, Baireddypalle Village and Mandal Chittoor, Andhra Pradesh. 2. V. Hoam Kumar, S/o V.Vijayabhaskar Reddy, Aged 28 years, Occ Private Service/Agriculturist, R/o D.No.6-135, ward, Baireddypalle Village and Mandal Chittoor, Andhra Pradesh. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor District, Chittoor, Andhra Pradesh
3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, Baireddypalle Mandal, Chittoor District, Andhra Pradesh. 5. R Chakrapani Reddy, S/o R.Rami Reddy, Aged 50 years, Occ Cultivation, R/o T.N.Kuppam, Baireddypalle Village and Mandal, Chittoor District, Andhra Pradesh. f
6. R Raghunatha Reddy, S/o R.Ramireddy Aged 48 years, Occ News Reporter, R/o. D.No 25-720/8, Ranganathapuram Street, Palamaner, Chittoor District, Andhra Pradesh ...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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4 respondents, in trying to issue the Pattadar Passbook and Title Deeds in favour of the respondents 5 and 6 by mutating their names in revenue records in respect of the lands to an extent of Ac 0-93, Ac 5-95, Ac1-50, Ac2-60, Aco- 24, Aco-76, Ac0-91,Ac0-10, Aco-63, AcO-12, AcO-67, AcO-74, Ac1-45, Ac1-50, Ac1-24, Ac1-85, and Ac. 0-20 >2, respectively situated in Survey Nos.
0-20 >2, respectively situated in Survey Nos. 90, 91, 38/3-A, 36, 41,42-A, 43-1 A, S8-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A and 508/3-A, situated at Gownithemmapalle Revenue Village, th Baireddypalle Mandal, Chittoor District, and Ac 2-44 in Survey No 92/3 Patta No 21 of T.N.Kuppam village, Gownitimmepalli Revenue Village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, without issuing any notice or opportunity, without following the due process of law as contemplated under the provisions of the AP Rights in Lands and Pattadar Pass Books and Title Deeds Act, as illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India, apart from violative of principles of natural justice, consequently direct the respondents 3 and 4 herein, not to issue the Pattadar Passbook and Title Deeds in favour of the respondents 5 and 6 by mutating their names in revenue records in respect of the lands to an extent of Ac 0-93, Ac 5-95, Ac1-50, Ac2-60, AcO-24, AcO-76, AcO-91, AcO-10, AcO-63, AcO-12, AcO-67, AcO-74, Ad-45, Ad-50, Ad-24, Ad-85, and Ac. 0- 20 34, respectively situated in Survey Nos. 90, 91, 38/3-A, 36, 41,42-A, 43-1 A, 68-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A and 508/3-A, situated at Gownithemmapalle Revenue Village, Baireddypalle Mandal,
5% ■' Chittoor District, and Ac 2-44 in Survey No 92/3 Patta No 21 of T.N.Kuppam village, Gownitimmepalli Revenue Village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, without following due process of law 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 3 and 4 herein, not to create interest of the respondents 5 and 6 in any manner in respect of the lands to an extent of Ac 0-93, Ac 5-95, Ad-50, Ac2-60, AcO-24, AcO-76, AcO-91, Ac 0-10, AcO-63, AcO- 12, AcO-67, AcO-74, Ad-45, Ad-50, Ad-24, Ad-85, and Ac. 0-20 7^, respectively situated in Survey Nos.
0-20 7^, respectively situated in Survey Nos. 90, 91, 38/3-A, 36, 41,42-A, 43-1 A, 68-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A & 508/3-A, situated at Gownithemmapalle Revenue Village, Baireddypalle Mandal, Chittoor District, and Ac 2-44 in Survey No 92/3 Patta No 21 of T.N.Kuppam village, Gownitimmepalli Revenue Village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, pending disposal of the above Writ Petition Counsel for the Petitioners: SRI V R MACHAVARAM Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order:
APHC010339102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY.THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16949/2025 Between:
1.V PAVAN KUMAR, S/0 V. VIJAYABHASKAR REDDY YEARS, OCC PRIVATE SERVICE / AGRICULTURIST R/0. D.N0.6- 135, WARD, BAIREDDYPALLE VILLAGE AND MANDAL CHITTOOR, ANDHRA PRADESH. AGED 30 2.V. HOAM KUMAR, S/0 V.VIJAYABHASKAR REDDY AGED 28 YEARS, OCC PRIVATE SERVICE/AGRICULTURIST R/0 D.NO.6-135, WARD, BAIREDDYPALLE VILLAGE AND MANDAL CHITTOOR, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. DEPARTMENT SECRETARIAT BUILDINGS, 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR, ANDHRA PRADESH 3.THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT. 4.THE TAHSILDAR, BAIREDDYPALLE MANDAL, DISTRICT, ANDHRA PRADESH. CHITTOOR 5.R CHAKRAPANI REDDY, S/0 R.RAMI REDDY AGED 50 YEARS, OCC CULTIVATION R/0 T.N.KUPPAM, BAIREDDYPALLE VILLAGE
2 AND MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 6.R RAGHUNATHA REDDY, S/0 R.RAMIREDDY OCC NEWS REPORTER, RANGANATHAPURAM STREET, DISTRICT, ANDHRA PRADESH AGED 48 YEARS, R/0. D.NO 25-720/8, PALAMANER, CHITTOOR ...RESPONDENT(S): Potition undsf Articl© 226 of tho Constitution of India praying that in tho circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and respondents, in trying to issue the Pattadar Passbook and Title Deeds in favour of the respondents 5 and 6 by mutating their revenue records in respect of the lands to an extent of Ac 0-93, Ac 5-95, Ac1- 50, Ac2-60, Aco-24, Aco-76, AcO-91 ,Ac0-10, Aco-63, AcO-12, AcO-67, AcO- 74, Ac1-45, Ac1-50, Ac1-24, Ac1-85, and Ac. 0-20 14, respectively situated in Survey Nos.
0-20 14, respectively situated in Survey Nos. 90, 91, 38/3-A.
36, 41,42-A, 43-1 A, S8-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A and 508/3-A, situated at Gownithemmapalle Revenue Village, Baireddypalle Mandal, Chittoor District, and Ac 2-44 in Survey No 92/3 Patta No 21 of Revenue Village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, without issuing any notice or opportunity, without following the due process of law as contemplated under the provisions of the AP Rights in Lands and Pattadar Pass Books and Title Deeds Act, as illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India, apart from violative of principles of natural justice, consequently direct the respondents 3 and 4 herein, not to issue the Pattadar Passbook and Title Deeds in favour of the respondents 5 and 6 by mutating their names in revenue records in respect of the lands to an extent of Ac 0-93, Ac 5-95, Ac1-50, Ac2-60, AcO- 24, AcO-76, AcO-91, AcO-10, AcO-63, AcO-12, AcO-67, AcO-74, Ad-45, Acl- 50, Ac1-24, Ac1-85, and Ac. 0-20 34, respectively situated in Survey Nos. 90, 91, 38/3-A, 36, 41,42-A, 43-1 A, 68-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A and 508/3-A, situated at Gownithemmapalle Revenue Village, Baireddypalle Mandal, Chittoor District, and Ac 2-44 in Survey No 92/3 Patta No 21 of T.N.Kuppam village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, without following due process of law, and to pass , more names in T.N.Kuppam village, Gownitimmepalli Gownitimmepalli Revenue Village,
3 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 3 and 4 herein, not to create interest of the respondents 5 and 6 in any manner in respect of the lands to an extent of Ac 0-93, Ac 5-95, Ad-50, Ac2-60, AcO-24, AcO-76, AcO-91, Ac 0-10, AcO-63, AcO- 12, AcO-67, AcO-74, Ad-45, Ad-50, Ad-24, Ad-85, and Ac. 0-20 72, respectively situated in Survey Nos.
0-20 72, respectively situated in Survey Nos. 90, 91, 38/3-A, 36, 41,42-A, 43-1 A, 68-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A & 508/3-A, situated at Gownithemmapalle^.Revenue Village, Baireddypalle Mandal, Chittoor District, and Ac 2-44 in Survey No 92/3 Patta No 21 of T.N.Kuppam village, Gownitimmepalli Revenue Village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, pending disposal of the above Writ Petition, and to pass Counsel for the Petitioner(S):
1. V R MACHAVARAM Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16949/2025
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 3''’^ and 4^'^ respondents, in trying to issue the Pattadar Passbook and Title Deeds in favour of the respondent Nos. 5 and 6 by mutating their names in revenue records in respect of the lands to an extent of Ac. 0.93 cents, Ac. 5.95 cents, Ac. 1.50 cents, Ac.2.60 cents, Ac.0.24 cents, Ac.0.76 cents, Ac.0.91 cents, Ac.0.10 cents, Ac.0.63 cents, Ac.0.12 cents, Ac.0.67 cents, Ac.0.74 cents, Ac. 1.45 cents, Ac. 1.50 cents, Ac. 1.24 cents, Ac. 1.85 cents, and Ac. 0.20 14, respectively situated In Survey Nos. 90, 91, 38/3-A, 36, 41,42-A, 43-1 A, 68-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A and 508/3-A, situated at Gownithemmapalle Revenue Village, Baireddypalle Mandal, Chittoor District, and Ac. 2.44 cents In Survey No 92/3 Patta No. 21 of T.N.Kuppam village, Gownitimmepalll Revenue Village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, without issuing any notice or opportunity, without following the due process of law as contemplated under the provisions of the A.P. Rights in Lands and Pattadar Pass Books and Title Deeds Act, as illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India, apart from violative of principles of natural justice, consequently direct the respondent Nos. 3 and 4 herein, not to Issue the Pattadar Passbook and Title Deeds in favour of the respondent Nos. 5 and 6 by mutating their names in revenue records in respect of the lands to an extent of Ac.0.93 cents, Ac.5.95 cents, Ac.1.50 cents, Ac.2.60 cents, Ac.0.24 cents, Ac.0.76 cents, Ac.0.91 cents, Ac.0.10 cents, Ac.0.63 cents, Ac.0.12 cents, Ac.0.67 cents, Ac.0.74 cents, Ac.1.45 cents, Ac.1.50 cents, Ac.1.24 cents, Ac. 1.85 cents, and Ac.0.20 14, respectively situated in Survey Nos. 90, 91, 38/3-A, 36, 41,42-A, 43-1A, 68-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A and 508/3-A, situated at Gownithemmapalle Revenue Village, Baireddypalle Mandal, Chittoor District, and Ac.2.44 cents
in Survey No 92/3 Patta No. 21 of T.N.Kuppam village, Gownitimmepalll Revenue Village, Baireddypalle Taluk, Chittoor District, belonging to the petitioners, without following due process of law and pass such other order. ’’
2. Heard learned counsel for the petitioners and learned Government Pleader for the official respondents.
3.
Learned counsel for the petitioners submits that the petitioners’ grandfather namely late R.Ramakrishna Reddy was the absolute owner of the lands admeasuring to an extent of Ac.0.93 cents, Ac.5.95 cents, Ac.1.50 cents, Ac.2.60 cents, Ac.0.24 cents, Ac.0.76 cents, Ac.0.91 cents. Ac.0.10 cents, Ac.0.63 cents. Ac.0.12 cents, Ac.0.67 cents, Ac.0.74 cents, Ac. 1.45 cents, Ac.1.50 cents, Ac. 1.24 cents, Ac. 1.85 cents, and Ac.0.20 Va. respectively situated in Survey Nos. 90, 91, 38/3-A,
36. 41.42-A, 43-1 A. 68-A, 66, 64-A, 55/3-A, 62/1, 59/2, 56/4, 10/2A, 201/2A and Gownithemmapalle Revenue Village, Baireddypalle Chittoor District, and Ac.2.44 cents in Survey No.92/3, Patta No.21 T.N.Kuppam village, Gownitimmepalll Revenue Village, Baireddypalle Taluk, Chittoor District. During the life time of the petitioners’ grandfather, he executed a registered Will in favour of the petitioners in respect of the subject lands. 508/3-A, situated at Mandal, of
4. Learned counsel for the petitioners further submits that respondent Nos.5 and 6 are disturbing the possession of the petitioners in respect of the subject property. It is further submitted
■m A 6 r that the official respondents are trying to mutate the names of respondent Nos.5 and 6 in the revenue records. Hence, the present Writ Petition. 4. Learned Government Pleader for the official respondents th furnished written instructions dated 07.07.2025 issued by the 4 respondent, wherein it is stated as under:
“Despite the dismissal of the civil suits, the petitioners argue that the civil court did not declare title or possession in favour of 5 and 6. Respondents 5 and 6 or their predecessors never challenged the Pattadar Passbook or Title deeds issued in faovur of late R.Ramakrishna Reddy. Further, the petitioners allege that respondents 5 and 6 are now exerting pressure on the revenue authorities to mutate their names in revenue records based solely on the dismissal of the civil suits, without proper process or notice to the petitioners, and that such mutation proceedings would be Illegal and contrary to natural justice, especially when appeal proceedings are pending. In this regard, after thorough engulry and legal opinion obtained from the AGP the mutation applied by the respondent Nos.5 and 6 are hereby rejected and also seen on the field possession, the writ petitioners 1 and 2 and their ancestors are In enjoyment for the past 40 years without any interruption and physical possession of the subject lands. ’’ ') (■
7
5.
Learned Government Pleader for the official respondents further submits that if the petitioners file Form-6A application through online, the official respondents will consider the same and pass appropriate orders in accordance with law, within a reasonable time. 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the official respondents, this Court deems it appropriate to dispose of the Writ Petition directing the petitioners to submit Form-6A application along with requisite fees through online, within a period of three(3) weeks from the date of receipt of copy of this Order. After receipt of the said Form-6A application, the respondents are directed to consider and dispose of the same after providing opportunity of hearing to the parties concerned and in compliance with the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, within a period of three(3) months thereafter. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTl6ftt5fRCER To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor District, Chittoor, Andhra Pradesh
3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, Baireddypalle Mandal, Chittoor District, Andhra Pradesh. 5. One CC to SRI V R MACHAVARAM Advocate [OPUC]
6. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT]
7. Two CD Copies gsg
. HIGH COURT DATED: 08/07/2025
ORDER WP NO. 16949 OF 2025 ^ 0 7 AUG 2025 ^ N^^urrent Sectio|jX^5^ DISPOSING THE WP WITHOUT COSTS