■ I 4 V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATj^ (Special Original Jurisdiction) •■•/Av It IW/ • • TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NOS: 13084 OF 2019 AND 1056 OF 2022 WRIT PETITION NO: 13084 OF 2019 Between: Vutla Lenin Kumar, S/o. Late Ramachandra Rao, 38 years, r/o. H.No. 11-4-74/3, 4th Floor, Flat No. 402, Sri Bhavya, Sindu Apartment, Nehru Nagar, Khammam. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Guntur Dist. The District Collector, Krishna District at Machilipatnam. The Tahsildar, Vatsavai Mandal, Krishna District. Vutla Tirupathamma, W/o. Late Ramachandra Rao, 70 years, r/o. C/o. V.Venkateswara Rao, H.No. 15-12-63/1, VDO's Colony, Near Krishna Bar, Khanapuram Haveli, Khammam Town-2. V Venkateswara Rao, S/o Late Ramachandra Rao, 51 years, R/o H.NO. 15-12-63/1, VDO’s Colony, Near Krishna Bar, Khanapuram Haveli, Khammam Town and District. 2. 3. 4. 5. (R5 is impleaded in Writ Petition and Affidavit as per the Court’s Order dated. 18/03/2025 vide order passed in lA No. 1/22 in WP No. 13084/2019) ...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 an appropriate writ, order or direction more in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in trying to amend the entries in the revenue record for the land in S. No. 139/2 and 139/3 to an extent of Ac. 4.50 cents situated at Dabbakupalli village, Vatsavai Mandal, Krishna District during the pendency of the suit filed by the petitioner against the 4th respondent in OS No. 3 of 2019, on the file of XVI Additional District Judge at Nandigama seeking a decree of specific performance even after bringing to his notice through representation dated 9.8.2019 of the petitioner of the same, as being illegal, arbitrary and is in violation of principles of natural justice and fair play apart from being in violation of Articles 21 and 300-A of the Constitution of India. lA NO: 1 OF 2019 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 2& 3 to consider and dispose of the representation dated 9.8.2019 of the petitoner forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: SRI. J U M V PRASAD Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No. 4: SRI N N SOMENDRA REDDY WRIT PETITION NO: 1056 OF 2022 Between: Vutia Venkateswara Rao, W/o.Ramachandra Rao Age 54 years, Occ. Agriculture R/o.D.No.4-124, Dabbakupalli Village Vatsavai Mandal, Krishna District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, to Government, Revenue Department, Secretariat,Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District at Machilipatnam 3. The Revenue Divisional Officer, Vijayawada Revenue Division, Vijayawada 4. The Tahsildar, Vatsavai Mandal Vatsavai, Krishna District, A.P. 5. Vutia Lenin Kumar, S/o Late Ramachandra Rao, Aged about 41 R/o H.No.11-4-74/13,4th Floor, Flat no.401, Sri Bhavya Sindhu Apartment, Nehru Nagar, Khammam. years. (R5 is impleaded as per the Court's Order dt.12.02.2025 in I.A.No. 02 of 2022) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to pass an order or writ or direction, more preferably one in the nature of a writ of mandamus declaring the inaction of respondent no.3 and 4 in disposing Form-6 (A) applications dt.09-08-2019, 25-08-2019 and 10- may 11-2021 duly paid necessary amount through Mee Seva for mutation and issuance of pass book and title deeds for the land of petitioner in Sy.No. 139/2 and 139/3 to an extent of Ac. 1-53 and Ac.2-97 cents respectively in total an extent of Ac.4.50 cents of Dabbakupalli Village of Vatsavai Mandal of Krishna District is illegal, arbitrary and contrary to provisions of Andhra Pradesh Rights of Land and Pattadar Pass Act, 1971 and rules framed there under and violation of Articles 14 and 21 of Constitution of India consequently direct the respondent no.3 and 4 to update the revenue records by mutating the name of petitioner and issue pass book and title deeds for the land of petitioner in Sy.No. 139/2 and 139/3 to an extent of Ac. 1-53 and Ac.2- 97 cents respectively of Dabbakupalli Village of Vatsavai Mandal of Krishna District within frame. t time lA NO: 1 OF 2022 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 respondent no.3 and 4 to take immediate steps to dispose of the Form-6(A) applications dated dt.09-08-2019, 25-08-2019 and 10-11-2021 submitted by the petitioner for mutation and issue of pattadar pass books and title deeds for the land in Sy.No. 139/2 and 139/3 to an extent of Ac. 1-53 and Ac.2-97 cents respectively of Dabbakupalli Village Vatsavai Mandal of Krishna District within time frame of preferably within a week. Counsel for the Petitioner: SRI. N N SOMENDRA REDDY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No. 5: M/S M L NEELIMA The Court made the following Common Order: 1 APHC010279512019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NOs: 13084 of 2019 and 1056 of 2022 W.P.No.13084 of 2019 Between; ...PETITIONER Vutia Lenin Kumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.J U M VPRASAD Counsel for the Respondent(S); 1.N N SOMENDRA REDDY 2.GP FOR REVENUE (AP) W.P.No.1056 of 2022 Between; ...PETITIONER Vutia Venkateswara Rao AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 2 1.N N SOMENDRA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.M L NEELIMA 3 The Court made the following common order: Since the subject matter of both the writ petitions is one and the same, they are disposed of by this common order. W.P.No.13084 of 2019:- It is the case of the petitioner that lands admeasuring an extent of Ac.1.53 cents in Sy.No.139/2 and an extent of Ac.2.97 2. cents in Sy.No.139/3 of Dabbakupalli Village, Vatsavai Mandal, Krishna District, belongs to the 4*^ respondent, who is none other than the mother of the petitioner. It is further case of the petitioner that he entered into an agreement of sale dated 12.11.2013 with the 4*^ respondent. Subsequent thereto, due to differences in the family, it is stated by the petitioner that the 4^'^ respondent did not come forward to execute sale deed in his favour pursuant to agreement of sale dated 12.11.2013. It is further case of the petitioner that he filed civil suit vide O.S.No.3 of 2019 on the file of the XVI Additional District Judge, Nandigama, seeking specific performance of agreement of sale dated 12.11.2013. The said suit is pending adjudication. It is further case of the petitioner that th in order to defeat his interest over the land in dispute, the 4 respondent is trying to alienate the subject land in favour of third parties. Having come to know about the same, the petitioner 4 rd stated to have made a representation dated 09.05.2019 to the 3 respondent asking not to entertain any application over the subject lands and not to issue pattadar passbooks and title deeds in favour of third parties, till disposal of the suit. It is alleged that despite the said representation, the 3^^ respondent taking steps to amend the entries in revenue records in respect of the subject lands, he approached this Court by filing the present writ petition. The 4'^ respondent filed counter affidavit stating that she is 3. the absolute owner of the subject property and she was issued pattadar passbooks and title deeds in respect of same. It is further stated that the 4^*^ respondent alienated the subject property by virtue of registered sale deed dated 04.04.2019 vide document No.1702 of 2019 i.e., much prior to the filing of the writ petition. The said property was sold in favour of his son Sri Vutlu Venkateswara Rao, who is none other than the brother of the petitioner herein. It is further case of the 4'^ respondent that his son Sri Vutia Venkateswara Rao is in peaceful possession and enjoyment of the said land from the date of purchase. It is further contended that by suppressing the said factum, the petitioner filed civil suit in O.S.No.3 of 2019 with all false allegations. With the above contentions, she prayed to dismiss the writ petition. 5 W.P.No.1056 of 2022:- The petitioner claims that he has purchased the subject property by virtue of registered sale deed dated 04.04.2019 from his mother, who is the 4‘^ respondent in W.P.No.13084 of 2019. Pursuant to the said purchase, he made an application dated 09.08.2019 in Form-6A of the Andhra Pradesh Rights in Land and 4. Pattadar Pass Books Act 1971, seeking to mutate his name in revenue records through Me-Seva online. He would further submit that he also made an application on 25.08.2019, and paid the requisite fee, seeking to mutate his name, in revenue records and to issue title deed cum e-pattadar passbook in his favour. Pursuant to the said application, the District Collector called for a report from the Tahsildar. Pursuant to which, the Tahsildar sent letter dated 05.12.2021 whereby and where under it was informed that the request of the petitioner cannot be considered in view of pendency of suit in O.S.No.3 of 2019 filed by the petitioner in W.P.No.13084 of 2019 and Writ Petition vide W.P.No.13084 of 2019 pending before this Court. The said letter was questioned in the present writ petition. Heard the learned counsel for the petitioners in both the writ petitions, learned counsel for the 4*'^, respondent in 5. W.P.No. 13084 of 2019 and learned Government Pleader for Revenue. Perused the material available on record. It is not in dispute that the respondent in W.P.No.13084 of 2019 is the absolute owner and possessor of the subject land. It is also not in dispute that the 4*^ respondent alienated the subject property by virtue of a registered sale deed dated 04.04.2019 vide document No. 170/2019 in favour of the petitioner in W.P.No.1056 of 2022. The petitioner in W.P.No.13084 of 2019 claims that he entered into agreement of sale and when the 4^^ respondent did not come forward, he filed suit for specific performance and the same is pending adjudication. Though he claims that he made a representation to the 3'“'^ respondent not to amend the entries in respect of the subject land, the said application cannot be entertained for the reason that the petitioner does not have any right, title or interest over the subject land in as much as he is only holding an agreement of sale in his favour. Apart from the same, having filed a suit for specific performance, instead of obtaining an order of injunction from the competent Civil Court, he chooses to make representation to the 3'^'^ respondent. It is settled position of law that unless there is an order from the competent Court restraining the 3'^'^ respondent 6. 7 from making any amendments to revenue records in respect of the subject land, the relief sought for in the writ petition cannot be considered. In that view of the matter, W.P.No.13084 of 2019 is liable to 7. be rejected and accordingly the same is dismissed. Coming to the writ petition vide W.P.No.1056 of 2022, 8. ■ admittedly, the petitioner has purchased the subject property by virtue of registered sale deed dated 04.04.2019 and he filed application dated 25.08.2019 in Form-6A through Me-Seva requesting the Tahsildar to issue pattadar passbooks and title deeds in his favour over the subject lands. As already stated, unless there is an order from the 9. competent Court, restraining the Tahsildar from making any amendments in revenue records in respect of the subject lands. there is no impediment to process the application filed by the petitioner in Form-6A for issuance of pattadar passbooks by duly mutating his name in revenue records. Therefore, the present Writ Petition No. 1056 of 2022 is 10. disposed of directing the Tahsildar to process the application submitted by the petitioner and to pass appropriate orders thereon, after affording an opportunity of being heard to the 8 petitioner, within a period of six (06) weeks from the date of receipt of copy of this order. Accordingly, W.P.No.13084 of 2019 is dismissed and 11. W.P.No.1056 of 2022 is disposed of. No order as to costs. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary, to Government, State of Andhra Pradesh Department, Secretariat,Velagapudi, Amaravati, Guntur 1. The Revenue District. 2. The District Collector, Krishna District at Machilipatnam Divisional Officer, Vijayawada Revenue Division, 3. The Revenue Vijayawada 4. The Tahsildar, Vatsavai Mandal Vatsavai, Krishna District, A.P. 5. One CC to Sri. N N Somendra Reddy Advocate [OPUC] 6. One CC to Sri. J U M V Prasad Advocate [OPUC] 7. One CC to M/s M L Neelima Advocate [OPUC] GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to 9. Three CD Copies GSC HIGH COURT DATED:18/03/2025 t ORDER WP. Nos: 13084 of 2019 and 1056 of 2022 DISMISSING THE WP 13084 OF 2019 AND DISPOSING THE WP 1056 OF 2022 WITHOUT COSTS