5 I APHC010354152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18200 OF 2025 Between: Duwuru Narayanareddy, s/o Venku Reddy, aged about 56 Business, District. years, occ r/o Leguntapadu village, Kovuru Mandal, SPSR Nellore ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, SPSR Nellore. District, Nellore. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Vidavaluu Mandal, SPSR Nellore 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 the nature of Writ of Mandamus, declaring the action of the No.4 in issuing the impugned Endorsement dt. respondent 27-5-2025 bearing Rc.B in the revenue records in espect of the agriculture land in Sy.No. 346/1 admeasuring Ac. 1.00 cents situated at Parlapalli village, Vidavaluuru Mandal, SPSR Nellore 177/2023 refusing to mutate the name of of the petitioner m District, on the ground of pendency of A.S.No. 30/2017 on the file of the Senior Civil Judge Court, Kovur, as unconstitutional and consequently set aside the same. being illegal, arbitrary, unjust and 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 suspend the impugned Endorsement dt. 27-5-2025 bearing Rc.B 177/2023 issued by the 4''" respondent while direct the respondent No.4 herein to mutate the name of the petitioner in the revenue records in respect of agriculture land in Sy.No. 346/1 admeasuring Ac. 1.00 cents situated Parlapalli village, Vidavaluuru Mandal, SPSR Nellore District disposal of the main Writ Petition, in the interest of justice. at pending Counsel for the Petitioner: SRI G VENKATESWARLU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010354152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18200/2025 Between: 1.DUWURU NARAYANAREDDY, S/0 VENKU REDDY, AGED ABOUT R/0 LEGUNTAPADU VILLAGE, 56 YEARS, OCC BUSINESS, KOVURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS REVENUE PRINCIPAL SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT, 2.THE JOINT COLLECTOR, SPSR NELLORE. DISTRICT, NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, VIDAVALUU MANDAL, SPSR NELLORE 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 the nature of Writ of Mandamus, declaring the action of the respondent No.4 in issuing the impugned Endorsement dt.27-5-2025 bearing Rc.B. 177/2023 refusing to mutate the name of of the petitioner in the revenue records in Respect of the agriculture land in Sy.No. 346/1 admeasuring Ac. 1.00 cents situated at Parlapalli village, Vidavalu.uru Mandal, SPSR ,\ Nellore District, on the ground of pendency of A.S.No. 30/2017 on the file of the Senior Civil Judge Court, Kovur, as being illegal, arbitrary, unjust and unconstitutionaland consequentlyset aside the same, and to grant 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 suspend the impugned Endorsement dt. 27-5-2025 bearing Rc.B 177/2023 issued by the 4''" respondent while direct the respondent No.4 herein to mutate the name of the petitioner in the revenue records in respect of agriculture land in Sy.No. 346/1 admeasuring Ac. 1.00 cents situated at Parlapalli village, Vidavaluuru Mandal, SPSR Nellore District, pending disposal of the main Writ Petition, in the interest of justice and to pass Counsel for the Petitioner: 1.G VENKATESWARLU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER Heard Sri G.Venkateswarlu, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for respondents. Impugning the endorsement issued by the 4*^ respondent vide Rc.B.377/2025 dated 27.05.2025 declining to mutate the name of the petitioner in respect of an extent of Ac. 1.00 cents of land in S.No.346/1 of Parlapalli village, Vidavaluru Mandal, SPSR Nellore District, the above writ petition has been filed. 2. Learned counsel for the petitioner would submit that the suit O.S. No. 296 of 2005 on the file of Principal Junior Civil Judge, Kovur, was filed, and the same was decreed. The decree holder filed E.P.No.37 of 2008, wherein an auction was conducted in respect of Ac.1.00 cents in S.No.346/1 of 3. Page 3 of 4 ft. Parlapalli village, and the petitioner became the successful bidder. A sale certificate was issued, and later the sale deed was registered on 22.05.2014 vide document No.11 of 2014. He would submit that the petitioner made an application before the 4*'' respondent to mutate his name under Section 4 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The 4'*' respondent by the impugned endorsement refused to mutate on the ground that an appeal A.S.No.30 of 2017 on the file of Senior Qivil Judge, Kovur, is pending. He would also submit that no other particulars are mentioned regarding the appeal mentioned in the endorsement. He would also submit that to the petitioner’s knowledge, no stay has been granted in the said appeal concerning judgment and decree in O.S.No.296 of 2005 and E.P.No.37 of 2008. Learned Assistant Government Pleader for Revenue, on instructions would fairly submit that no stay has been granted in A.S.No.30 of 2017 on the file of Senior Civil Judge, Kovur. 4. 5. When the Court posed a question to the learned Assistant Government Pleader about the pendency of the appeal, and as to who filed the appeal and against which decree it was filed, he pleaded ignorance. In the case at hand, the petitioner participated in the auction conducted by the Court and became the successful bidder in E.P.No.37 of 2008 in O.S.No.296 of 2005 on the file of Junior Civil Judge, Kovur. A document was registered on 22.05.2014 vide No.11 of 2014. Since the petitioner acquired rights over the subject property, he made an application under Section 4 of the Act. The 4*^ respondent, being a statutory authority, is bound to process the application by following the procedure under Section 5 of the Act and the Rules made thereunder. The endorsement issued by the 4^'" respondent rejecting the application on the ground of pendency of appeal, in the absence of any stay or interim order, rejecting updation of the record of rights, prima facie, is illegal and arbitrary. The 4''’' respondent, in the considered opinion of 6. Page 4 of 4 this court, without application of mind to the factual situation, issued the impugned endorsement. Mere pendency of the appeal does Stay of judgment of the trial court. not operate as a 7. Given the facts and circumstances of the disposed of at the admission stage, with the case, the Writ Petition is consent of learned counsel on either side, setting aside the endorsement issued by the 4"’ respondent vide Rc.B.377/2025 dated 27.05.2025. The 4'*^ respondent shall proceed with the enquiry on the application made by the petitioner on 28.04.2025 to mutate his name in record of rights in respect of respect of an extent of Ac. 1.00 cents of land in S.No.346/1 of Parlapalli village, Vidavaluru Mandal, SPSR Nellore Pradesh Rights in Land Pradesh Rights in Land District, strictly adhering to Section 5 of the Andhra and Pattadar Pass Books Act, 1971 and the Andhra and Pattadar Pass Books Rules, 1989. The 4*'' above exercise within respondent shall complete the a period of three months rrom the date of receipt of a copy of this order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed Sd/- K TATA RAO DEPUTYJREGiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, SPSR Nellore. 3. The Revenue Divisional Officer, Kavali 4. The Tahsildar. Vidavaluu Mandal. SPSR Nellore District. 5. One CC to Sri. G Venkateswarlu Advocate [OPUC] 6. Two CCs to GP For Revenue, High Court of Andhra 7. Two CD Copies. Revenue Department, Secretariat, District, Nellore. SPSR Nellore District. Pradesh [OUT] AL HIGH COURT DATED;25/07/2025 ORDER WP NO. 18200 OF 2025 o^and^ I n SEf 2025 ^ . Current Seciion DISPOSING OF THE W.P. WITHOUT COSTS