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2025 DAILYLAW 25102 (AP)

BOYA AMRUTHA v. THE STATE OF ANDHRA PRADESH

WP/19431/2025 · 2025-07-27

Subba Reddy Satti

body2025

Judgment text

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i i APHC010354332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19431 OF 2025 Between: Boya Amrutha, D/o. Talari Hanumantha Rayudu, Aged about 16 years, Minor, Represented by her natural guardian cum father. Talari Hanumantha Rayudu, S/o. Late Narayanappa, Aged 47 Years, Occ; Agriculture, R/o. D.No. 11- 203, Mahanthapuram Village, Kundurpi Mandal, Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Collector and District Magistrate, Anantapur, Anantapur District. 3. The Tahsildar, Kundurpi Mandal, Anantapur District. 4. The Village Revenue Officer, Kundurpi Mandal, Anantapur 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 appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring inaction of the Respondents, particularly the 3rd Respondent in considering and disposing off the Petitioners mutation application (Application No. MUT25053103830 1) dated 31.05.2025 for mutation of patta dry land admeasuring Ac. 3.78 cents in Survey No. 404-5, situated at Kundurpi Village and Mandal, Anantapur District, in the name of the Petitioner, Boya Amrutha, in accordance with the Will dated 17.09.2016 as illegal, arbitrary and violative of Article 300A of the Constitution of India and consequently direct the Respondents to update the revenue records, including the Record of Rights (ROR), Adangal/Pahani, and Pattadar Pass Book, in the name of the Petitioner, Boya Amrutha, for the said land admeasuring Ac. 3.78 cents in Survey No. 404-5, situated at Kundurpi Village and Mandal, Anantapur 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.3 to consider the mutation application (Application No. MUT250531038301) dated 31.05.2025 of the petitioner seeking for mutation of patta dry land admeasuring Ac. 3.78 cents in Survey No. 404-5, situated at Kundurpi Village and Mandal, Anantapur District, pending disposal of the Writ Petition. Counsel for the Petitioner; SRI SHAIK ASIF REPRESENTING SMT. AYESHA AZMA S Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010354332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3331] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19431/2025 Between: 1.BOYA AMRUTHA, D/0. TALARI HANUMANTHA RAYUDU, AGED ABOUT 16 YEARS, MINOR, REPRESENTED BY HER NATURAL GUARDIAN CUM FATHER, TALARI HANUMANTHA RAYUDU, S/0. LATE NARAYANAPPA, AGED 47 YEARS, OCC AGRICULTURE, R/0. D.NO. 11-203, MAHANTHAPURAM VILLAGE, KUNDURPI MANDAL, ANANTAPUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT 2.THE COLLECTOR AND DISTRICT MAGISTRATE, ANANTAPUR, ANANTAPUR DISTRICT. 3.THE TAHSILDAR, KUNDURPI MANDAL, ANANTAPUR DISTRICT. 4.THE VILLAGE REVENUE OFFICER, KUNDURPI MANDAL ANANTAPUR 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 to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring inaction of the Respondents, particularly the 3RD Respondent in considering and disposing off the Petitioners mutation application (Application No. MUT25053103830 1) dated 31.05.2025 for mutation of patta dry land admeasuring Ac. 3.78 cents i‘ Survey No. 404-5, situated at Kundurpi Village and Mandal. Anantapur District, in the name of the Petitioner, Boya Amrutha, in accordance with the Will dated 17.09.2016 as illegal, arbitrary and violative of Article 300A of the Constitution of India and consequently direct the Respondents to update the revenue records, including the Record of Rights (ROR), Adangal/Pahani, and Pattadar Pass Book, in the name of the Petitioner, Boya Amrutha, for the said land admeasuring Ac. 3.78 cents in Survey No. 404-5, situated at Kundurpi Village and Mandal, Anantapur District and pass lA NO: 1 OF 2025 in 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.3 to consider the mutation application (Application No. MUT250531038301) dated 31.05.2025 of the petitioner seeking for mutation of patta dry land admeasuring Ac. 3.78 cents in Survey No. 404-5, situated at Kundurpi Village and Mandal, Anantapur District, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.AYESHA AZMAS Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; ::ORDER:: Heard Sri Shaik Asif, learned counsel representing Smt. Ayesha Azma S, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. Learned counsel for the petitioner would submit that the petitioner made online application in Form 6A per Rule 18 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989, seeking mutation in respect of Ac.3.78 cents in Sy.No.404-5 of Kundurpi Village and Mandal, Anantapur as . 3 District, by paying necessary fee on 31.05.2025. However, the 3^^ respondent has not disposed of the same. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the 3'"’ respondent will pass appropriate orders on the application made by the petitioner in respect of the aforementioned extent. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the 3'^'^ respondent to consider the online application in Form 6A, made by the petitioner seeking mutation in respect of Ac.3.78 cents in Sy.No.404-5 of Kundurpi Village and Mandal, Anantapur District, strictly as per the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and the Rules, 1989, made thereunder as expeditiously as possible preferably within four (04) weeks. No order as to costs. 3. 4. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar iioFFtCER //TRUE COPY// SE' To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District. 2. The Collector and District Magistrate, Anantapur, Anantapur District. 3. The Tahsildar, Kundurpi Mandal, Anantapur District. 4. The Village Revenue Officer, Kundurpi Mandal, Anantapur District 5. One CC to Smt. Ayesha Azma S Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED:28/07/2025 ORDER WP NO. 19431 OF 2025 ^ 0 7 AUG 2025 )g] JsCiijfMilStctiojXwy -'■^SSsaissi^^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS