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2025 DAILYLAW 28344 (AP)

PANTAM SRINU v. THE STATE OF AP

WP/20599/2025 · 2025-09-17

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010403172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 20599/2025 BETWEEN: 1. PANTAM SRINU, S/o. MUTYALU, MALE, AGED ABOUT 52 YEARS, R/o. D.No.2-108, SINGAGUDEM VILLAGE, LINGAPALEM MANDAL WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. 3. THE REVENUE DIVISIONAL OFFICER, NUZIVIDU, ELURU DISTRICT. 4. THE MANDAL REVENUE OFFICER, LINGAPALEM MANDAL, LINGAPALEM. ELURU 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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4TH Respondent in not implementing the orders Dt. 20.01.2025 issued by the 2ND Respondent vide proceedings in Roc.No.D2/e-82295/2025 and orders Dt. 05.05.2018 issued by the 3RD Respondents vide proceedings E.File.No.230768/2016/D with regard to mutation of revenue records in my name for an extent of Ac.0.76 Va cents of land in R.S.No.228-1 of Singagudem Village, Lingapalem Mandal in the online web register and other revenue records as illegal, irregular, arbitrary and violation of the provisions of The Andhra Pradesh Rights In Land And Pattadar Pass Books Act, 1971, and its rules framed there under and also offends Articles 14, 2 21 and 300 A of Constitution of India and consequently direct the 4TH Respondent to mutate the records in my name for an extent of Ac.0.76 72 cents of land in revenue R.S.No.228-1 of Singagudem Village, Lingapalem Mandal in the online web register and other revenue records and pass such other order or orders. Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India, for the following relief/s: “………to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in not implementing the orders Dt. 20.01.2025 issued by the 2nd Respondent vide proceedings in Roc.No.D2/e- 82295/2025 and orders Dt.05.05.2018 issued by the 3rd Respondents vide proceedings E.File No.230768/2016/D with regard to mutation of revenue records in my name for an extent of Ac.0.76 ½ cents of land in R.S.No.228-1 of Singagudem village, Lingapalem Mandal in the online web register and other revenue records as illegal, irregular, arbitrary and violation of the provisions of The Andhra Pradesh Rights in Land And Pattadar Pass Books Act, 1971, and its rules framed there under and also offends Articles 14, 21 and 300A of Constitution of India and consequently direct the 4th Respondent to mutate the revenue records in my name for an extent of Ac.0.76 ½ cents of land in R.S.No.228-1 of Singagudem Village, Lingapalem Mandal in the online web register and other revenue records and pass such other order or orders….. 2. Precisely this writ petition is filed to implement the order of the 2nd respondent-District Collector in Roc. No.D/2e-82295 dated 20.02.2025. 4 3. Facts of the case: The writ petitioner made a PGRS application to the 2nd respondent identifying the mistake crept in the revenue records for the correction of wrong entries in the revenue records. It is the case of the petitioner that an extent of Ac.1.53 cents agricultural land in R.S.No. 228/1, situated in Singagudem village, Lingapalem Mandalam, belongs to his grandfather Sri Pantham Veeraiah and the said property was divided in between his two sons Viz., Sri Pantham Mutyalu (father of the petitioner) and Sri Pantham Subba Rao (paternal father of the petitioner) each Ac.0.76 1/2 cents and the entire extent was reflecting in the name of Sri Pantham Subba Rao. Basing on the proceedings of the Revenue Divisional Officer, the 2nd respondent has directed the Sub-Collector to enquire into the matter and take necessary action on the issue and submit the action report to the 2nd respondent at the earliest possible. 4. The 3rd respondent-Revenue Divisional Officer vide file No. 230708 /2016/D dated 25.05.2018, on verifying the records and basing on the report of the Tahsildar, Lingamplaem, arrived to a decision that the agricultural land to an extent of Ac.1.53 cents in R.S.No. 228/1, is devolved on both Sri Pantham Mutyalu and Sri Pantham Subba Rao, through succession from their late father Sri Pantham Veeraiah and 5 directed to cancel the Pattadar pass books issued in the name of Pantham Veeraiah and directed to issue new Pattadar pass books as per the respective shares. 5. After examining the records and considering the Tahsildar Lingamplaem's report, the 3rd respondent-Revenue Divisional Officer, vide file number 230708/2016/D, dated 25.05.2018, came to the conclusion that the land in R.S.No.228/1, to the extent of Ac.1.53 cents, is devolved to both Sri Pantham Subba Rao and Sri Pantham Mutyalu, through succession from their late father Sri Pantham Veeraiah. The 3rd respondent directed to cancel the Pattadar pass books that were recorded in the name of Sri Pantham Veeraiah and to issue new ones according to the respective shares of the writ petitioner. 6. Learned Assistant Government Pleader placed written instructions dated 08.08.2025 addressed by the Tahsildar, Lingapalem Mandal, as part of record. The said proceedings asserts that they are unable to mutate the name of the petitioner in the revenue records as a Suit is pending before the Junior Civil Judge Court, Chintalapudi. An action can only be taken as per further Court orders. 7. The learned petitioner's counsel, would submit that the suit that is pending before the Civil Court with one Sri Kesina Venkateswara Rao has nothing to do with the land mentioned in the present writ 6 petition survey number. The issue concerns with the suit schedule land in Sy.No.228/2 to an extent of Ac.0.50 cents, which is related to the disagreement over the identification of land, specifically grazing land against the dry land. 8. Therefore, the present writ petition is disposed of directing the 4th respondent-Tahsildar Lingapalem Mandal, to enforce the orders of the 2nd and 3rd respondents, in accordance with law as envisaged in A.P. Land and Pattadar Passbooks Act, 1971, as expeditiously as possible. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 18.09.2025 Harin 7 217 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 20599 of 2025 Date: 18.09.2025 Harin