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2025 DAILYLAW 27108 (AP)

VELDI VENKATESWARLU v. THE STATE OF AP

WP/19517/2025 · 2025-07-28

Subba Reddy Satti

body2025

Judgment text

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APHC010383672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19517/2025 Between: 1. VELDI VENKATESWARLU, S/O.VELDI THIRUPATHAIAH, AGED ABOUT 44 YEARS, R/O.D.NO.26-14-31, B.V.NAGAR, KNRM SCHOOL, NELLORE, S.P.S.R.NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF AP, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMACAVATI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, S.P.S.R.NELLORE DISTRICT, NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, KAVALI DIVISION,KAVALI S.P.S.R.NELLORE DISTRICT. 4. THE TAHSILDAR, DUTHALURU MANDAL, S.P.S.R.NELLORE DISTRICT. 5. C RANGANATHA GUPTA, S/O,VENKATA NARASAIAH AGED ABOUT 65 YEARS DNO11/268,SANTAPET, NELLORE SPSR NELLORE DT., ...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 2 in the nature of Writ of MANDAMUS declaring the action of respondents in not considering the request of petitioner for mutating the his name in 1B register as pattadar of the land in an extent of Ac. 2.87 cents in Sy.No.823/1RU, an extent of Ac.5.52 cents in Sy.No.823/2RU, an extent of Ac.1.28 cents in Sy.No.823/3RU, an extent of Ac.2.13 cents in Sy.No.824RU and an extent of Ac.7.92 cents in Sy.No.825 32situated at Duthaluru Village and Mandal, S.P.S.R.Nellore District as bad arbitrary and contrary to all cannons of law and to pass IA 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 to record the name of petitioner in the village adangal in an extent of Ac. 2.87 cents in Sy.No.823/1RU, an extent of Ac.5.52 cents in Sy.No.823/2RU, an extent of Ac.1.28 cents in Sy.No.823/3RU, an extent of Ac.2.13 cents in Sy.No.824RU and an extent of Ac.7.92 cents in Sy.No.825 situated at Duthaluru Village and Mandal S.P.S.R.Nellore District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. AMANCHARLA SATISH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4. Notice in respect of the 5th respondent is dispensed with since no adverse order is passed affecting his rights and interests. 2. Learned counsel for the petitioner would submit that the petitioner’s father purchased an extent of Ac.2-87 cents in Sy.No.823/1RU, Ac.5-52 cents in Sy.No.823/2RU, Ac.1-28 cents in Sy.No.823/3RU, Ac.2-13 cents in Sy.No.824RU and Ac.7-92 cents in Sy.No.825 at Duthaluru Village and Mandal, SPSR Nellore District (hereinafter referred to as “subject property”) under a possessory agreement of sale dated 25.02.2009 from the 5th 3 respondent. Petitioner’s father died on 23.03.2018. The petitioner requested the 4th respondent to update the Record of Rights and mutate his name in the revenue records. In the first week of June 2025, some unknown people tried to trespass on the subject property. Hence, the petitioner lodged a complaint before the Station House Officer, Duthaluru Police Station. An endorsement dated 09.06.2025 was issued by the Revenue officials stating that the petitioner is in possession and enjoyment of the property. Since the name of the petitioner has not been mutated in the revenue records, the above writ petition has been filed. 3. The learned Assistant Government Pleader, on instructions, would submit that if any person acquires rights over a property, the individual is required to apply in Form-VIA under Rule 18 of the Andhra Pradesh Rights in Land and Pattadar Passbook Rules, 1989, read with Section 4 of the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 (for short “the Act”), before the Tahsildar, by annexing all relevant documents through the online portal. If such an application is made, the 4th respondent will consider the same and pass appropriate orders in accordance with law. The learned AGP also pointed out that, as seen from the affidavit, the petitioner has not made any such application, except for making an oral request to the authorities, which is not sufficient under the prescribed procedure. 4. In reply, learned counsel for the petitioner would submit that the petitioner will make an application under Form-VIA by annexing all the documents to the 4th respondent online in respect of the subject property. 5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, giving liberty to the petitioner to make an application under Form-ViA through online by annexing relevant documents. Upon receipt of such application, the 4th respondent shall 4 consider the same and pass appropriate orders strictly as per the Act and the Rules made thereunder. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 29.07.2025 KA 5 230 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19517/2025 Date:29.07.2025 KA