Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) m WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1480 OF 2025 Between: Palavalasa Appalaswami Naidu, S/o Late Surapu Naidu, Aged 71 years, R/o Pedda Purli, Puiii, Srikakulam, Presently residing at D. No.1-25/1/3, Varahagiri Nagar, Gollala Yendada, Endada, Visakhapatnam. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A. P. Secretariat, Velagapudi, Amaravati, Guntur
2. The District Collector, Visakhapatnam District.
3. The Revenue Divisional Officer, Bheemunipatnam, Visakhapatnam District.
4. The Tahsildar, Bheemunipatnam Mandal, Visakhapatnam 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 a Writ of Mandamus or any other appropriate Writ,
Order or direction declaring the action of the 3'^'^ and 4**^ respondents in not considering my application vide VSP20241209943, 09.12.2024 as gross violation of the provisions of Section 5 of THE ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971 read with its Rules framed thereunder in its true letter and spirit as highly arbitrary, illegal, null and void, against norms of public policy and principles of natural justice.
/T 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 and 4*^ respondents to forthwith consider the petitioners application VSP20241209943, 09.12.2024 by strictly adhering to the provisions of Section 5 of THE ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971 (ACT No. 26 of 1971) read with Rules framed thereunder in its letter and spirit, pending disposal of the Writ Petition before this Honble Court. Counsel for the Petitioner: SRI K. KOUTILYA FOR SRI ARRABOLU SAI NAVEEN Counsel for the Respondent Nos.1 to 4:SRI K.ARJUN CHOWDHARY, AGP FOR REVENUE The Court made the following: ORDER ■X 1
I 1 »- [3328] APHC010028202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1480/2025 Between:
1.PALAVALASA APPALASWAMI NAIDU, S/0 LATE SURAPU NAIDU AGED 71 YEARS, R/0 PEDDA PURLI, PURLl, SRIKAKULAM, PRESENTLY RESIDING AT D. NO.
1-25/1/3, VARAHAGIRI NAGAR, GOLLALAYENDADA, ENDADA, VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A. P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT.
4.THE TAHSILDAR, BHEEMUNIPATNAM MANUAL, VISAKHAPATNAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner:
1.ARRABOLU SAI NAVEEN Counsel for the Respondent(S):
1.GPFOR REVENUE
2 The Court made the following:
ORAL ORDER: Heard Sri K. Koutilya,
learned Counsel Arrabolu Sai Naveen, learned Counsel for the Writ Petitioner and Sri Chowdhary, learned Assistant Government Pleader for Revenue all the Respondents.
2.
Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Application made by the Writ Petitioner dated 09.12.2024 (Ex.P.1) seeking mutation of Revenue Record by entering the name of the Writ Petitioner.
3. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar Bheemunipatnam Mandal dated 21.01.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. appearing on behalf of Sri K. Arjun appearing for of
4. The Written Instruction would indicate that insofar as one survey number (88/2) is concerned, mutation has already been done vide Khata No.837 for an extent of Ac.0.6650 cents in Kapuluppada Village. Insofar as the other mutations are concerned, there are certain technical objections as regards the production of adequate record etc.,.
5. Having regard to these facts and circumstances, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Writ Petitioner to furnish the documents to the Tahsildar, Bheemunipatnam (Respondent No.4) within a period of three weeks from today. There shall be a further direction that receipt of such documents from the Writ Petitioner, the Respondent No.4 shall consider the same and pass a Speaking Order in accordance with law within a further period of six weeks and communicate a copy of such Order to all the interested parties including the Writ Petitioner herein forthwith. required upon
I I 3 Needless to state that the Respondent No.4 is statutorily obligated to adhere to the principles of Natural Justice by issuing the advance Notice to all the interested parties including the Writ Petitioner herein, consider their
submissions/objections and documents, if any, before passing the final order. Writ Petitioner is directed to submit a copy of this Order to Respondent No.4 within one week from today, for effective compliance. With these observations and directions, this Writ Petition stands
disposed of. No order as to costs.
6.
7.
8. Interlocutory Applications, if any, stand closed in terms of this order.
Sd/- M. SRINIVAS ASSISTANT REGISTRAR
9.
//TRUE COPY// SECTION OFFICER To, Principal Secretary, Revenue Department, State of Andhra Pradesh, A. P. Secretariat, Velagapudi, Amaravati, Guntur
2. The District Collector, Visakhapatnam District.
3. The Revenue Divisional Officer, Bheemunipatnam, Visakhapatnam District.
4. The Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District
5. One CC to Sri Arrabolu Sai Naveen, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies.
1. The ssb
/ \ \ HlidH COURT 1 DATED:22/01/2025 f 3' JAN 2025 ^ . Current Secuon
ORDER WP.No.1480 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS