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2025 DAILYLAW 43444 (AP)

KAMBAMPATI SAALMAN v. THE STATE OF ANDHRA PRADESH

WP/9036/2025 · 2025-04-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9036 OF 2025 Between: Kambampati Saalman, S/o. Pedda Suabbaiah, age 52 years, R/o. 37-10- 1508, Rajeswararao Colony, line, Guntur, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat Buildings At Velagapudi, Amaravathi, Andhra Pradesh 2. The District Collector, Palanadu District at Narasaraopet 3. The Revenue Divisional Officer, Narasaraopet Revenue Division, Palanadu District. 4. The Tahasildar, Bollapalli, Bollapalli Mandal, Palnadu District ...Respondents Petition under Article 226 of the Constitution of India is filed 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 authorities in not mutating the name of the petitioner in revenue records and not issuing the pass books in respect of the petitiohers agricultural land of an extent Ac. 0. 33 cents in Sy.No. 125 of Kanumalacheruvu Village, Bollapalli Mandal, Palnadu District as per the Rc.No. 15/2023- A, dated 4.12.2023 as illegal, arbitrary and contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the 4th respondent to mutate the petitioner name in the revenue records and issue pattadhar in respect of the petitioners agricultural land an extent of Ac.O. 33 cents in Sy.No. 125 of Kanumalacheruvu Village, Bollapalli Mandal, Palnadu District as per the Rc.No. 15/2023- A, dated 04.12.2023 by considering the petitioners representation dated 05.02.2025. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4'*^ respondent to mutate the petitioner name in the revenue records and issue pattadhar in respect of the petitioner’s agricultural land an extent of Ac. 0.33 cents in Sy.No. 125 of Kanumalacheruvu Village, Bollapalli Mandal, Palnadu District as per the Rc.No.15/2023- A, dated 04.12.2023 by considering the petitioner’s representation dated 5.2.2025 pending disposal of the writ petition. Counsel for the Petitioner; SMT. MARELLA RADHA Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010171382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [^!0 [3329] TUESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9036/2025 Between: ...PETITIONER Kambampati Saalman AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MARELLA RADHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9036/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “...to issue an appropriate writ, order or direction more particulariy one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not mutating the name of the petitioner in revenue records and not issuing the pass books in respect of the petitioners agricultural land of an extent Ac.0-33 cents in Sy.No.125 of Kanumalacheruvu Village, Bollapalli Mandal, Palnadu District as per the Rc.No.15/2023-A, dated 4.12.2023 as illegal, arbitrary and contrary to the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the 4''’ respondent to mutate the petitioner name in the revenue records and issue pattadhar in respect of the petitioner’s agricultural land an extent of Ac.0-33 cents in Sy.No.125 of Kanumalacheruvu Village, Bollapalli Mandal, Palnadu District as per the Rc.No.15/2023-A, dated 4.12.2023 by considering the petitioners representation dated 5.2.2025 and pass...” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue appearing for the respondents. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of agricultural land measuring Ac.0-33 cents in Sy.No.125 of Kanumalacheruvu Village, Bollapalli Mandal, Palnadu District. 3. Learned counsel further submits that, pursuant to the representation submitted by the petitioner, the 4^^ respondent conducted a detailed enquiry and passed an order dated 04.12.2023, admitting the petitioner’s claim as pattadar of the said land. Following the said order, the petitioner submitted representations dated 22.12.2023 and 05.02.2025, requesting that his name 4. It-. 3 is to be mutated in the revenue records website as the pattadar of the subject land. as well as reflected on the official However, instead of submitting a formal application in Form 6-A, which is the prescribed form for mutation , the petitioner relied on the said representations. Despite representations, the respondents have neither receipt of these considered them nor passed any consequential orders. Hence, the present Writ Petition. 5. On the other hand appearing for the respondents furnished 07.04.2025, wherein it is stated that: learned Government Pleader for Revenue w.ritten instructions dated 7\s per the enquiry conducted under the provisions of AP ROR Act, 1971, the official respondent No.4 herein to a conclusion that the petitioners in the present Writ petitioner are having title over the land extent of Acs. 0-33 Kanamalacheruvu Village. came measuring an Sy.No.125 cents in of On further perusal of the available records the present petitioner Khambhampati Salman Raju or his father Pedda Subbaiah has never approached for mutation of the land measuring an extent of Acs.0-33 cents in Sy.No.125 of Kanamalacheruvu Village in his favour. ” 6. Having regard to the submissions made on perusal of the material placed by both learned counsel and on record, as well as the written instructions, it is clearly demonstrated that the petitioner is entitled to mutate his name pattadar for the land as measuring Acs.0-33 cents in Sy.No.125 of Kanamalacheruvu Village. I Hw. F 4 In the light of these circumstances, this Court is of the opinion that the Writ Petition can be disposed of directing the petitioner to submit a fresh representation with acknowledgment or Form 6-A application within a period of two (02) weeks from the date of receipt of a copy of this order. After receipt of the same, the 4^^ respondent is directed to consider the application and pass appropriate orders, in accordance with law, after providing an opportunity of hearing to the parties concerned, within a period of two (02) months, thereafter. 7. With the above directions, the Writ Petition is disposed of. No order as 8. to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECHTON OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Buildings At Velagapudi, Amaravathi, Andhra Pradesh 2. The District Collector, Palanadu District at Narasaraopet. 3. The Revenue Divisional Officer, Narasaraopet Revenue Division, Palanadu District. 4. The Tahasildar, Bollapalli, Bollapalli Mandal, Palnadu District 5. One CC to Smt. Marella Radha Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies sree W " HIGH COURT DATED:08/04/2025 ORDER WP.No.9036 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS