APHC010488192021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29585/2021 Between: 1. KADAYEDUKONDALU,, S/O LATE SUBBARAYUDU, AGED ABOUT 65 YEARS, RIO D.NO.3-24, SIVALAYAM STREET, MACHAVARAM VILLAGE, RAYAVARAM MANDAL, EAST GODAVARAI DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI, KAKINADA, 3. THE REVENUE DIVISIONAL OFFICER, EAST GODAVARI, KAKINADA. 4. THE TAHSILDAR, KARAPAMANDAL, EAST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. PAVANI SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29585/2021 ORDER: - 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents. 2. This writ petition is filed questioning the action of the respondent No.3 in not disposing of the petitioner’s applications dated 21.08.2017 and 21.10.2021 in respect of the land in an extent of Ac.0.30 cents in Survey No.87/4 in Nadakuduru Village, Karapa Mandal of East Godavari District. 3. The learned counsel for the petitioner submits that the 4th respondent issued an endorsement dated 06.09.2016 stating that in the documents produced by the petitioner there are defects in respect of the extent of land and survey numbers as they are not matching to the ground reality. However, as the subject land is used for non-agricultural purposes and in the said land as there are toilets constructed and since it is not an agricultural land any more, the 4th respondent refused to exercise powers under AP Pattadhar Passbook Act, 1971 read with AP Rights in Land Pattadhar Passbook Rules Act, 1989 and as such no Pattadhar Passbooks can be issued. 4. Aggrieved by the same, the petitioner filed the appeal before the 3rd respondent by way of submitting applications dated 21.08.2017 and 21.10.2021. On the other hand, the learned Assistant Government Pleader appearing for respondents submits that against the endorsement of the 4th respondent, the petitioner did not prefer an appeal within time before the 3rd respondent and as such he submitted the applications dated 21.08.2017 and 21.10.2021 belatedly to the 3rd respondent but the same will be dealt with by following the due procedure. However, the learned Assistant Government Pleader appearing for the respondents further submits that as the subject land is not utilized for the agricultural purposes and as it is utilized as public toilets specially for women, the appeal cannot be entertained by the Revenue Divisional Officer for non-agricultural land as per the provisions stipulated in AP Rights in Land and Pattadhar Passbooks Rules Act, 1989. The recorded entries in the document produced by the petitioner are not tallying when compared with the entries in the Revenue records. 5. In view of the above said facts and circumstances, it is to be seen that the endorsement of the 4th respondent dated 06.09.2016 itself discloses that if the applicant is aggrieved with the said endorsement, he can prefer an appeal within 30 days before the 3rd respondent. Since the applications of the petitioner dated 21.08.2017 and 21.10.2021 are pending before the 3rd respondent, the same shall be disposed of strictly in accordance with law by giving due opportunity to all the parties concerning the litigation, upon verification of the records and upon verification of the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible preferably within a period of three (3) months from the date of receipt of copy of this order. 6. Accordingly, this writ petition is disposed of. Interim order, if any, deemed to have been vacated. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ________________________ JUSTICE B KRISHNA MOHAN Date:02.09.2025 Dvs THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN 111 WRIT PETITION NO: 29585/2021 Date:02.09.2025 Dvs