IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE • PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7525 OF 2025 Between: 1. Ruttala Nookaraju, S/o. R .Bangarayya Aged 78 years ,R/o. 1-70, Kameswarinagar, Tamaram.Makavarapalem Mandal.Anakapalli District. 2. Ruttala Govinda, S/o. Ruttala Thammayya Aged 49 years, R/o. Kameswari Nagar Tamaram,Makavarapalem Mandal,Anakapalli District. 3. Smt. Ruttala Ramayyamma, W/o. Ruttala Narayana Murthy Aged 79 years, R/o. 20-97, Kameswari Nagar, Tamaram, Makavarapalem Mandal,Anakapalli District. 4. Ruttula Narayana Murthy, S/o. Nookanna Aged 76 years, R/o. 20-0, Kameswarinagar, Tamaram, Makavarapalem Mandal,Anakapalli District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary. Revenue Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Collector, Anakapalli District, Anakapalli. 3. The Tahsildar, Makavarapalem Mandal, Anakapalli 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 writ order, or direction more particularly in the nature of writ of mandamus declaring the inaction of the Respondents in not taking action on the petitioners Application vide PGRS No.ANPL202411181 90, ■? dateci.‘. 18.11.2024 and not mutating the names of the petitioners in ^ Weblahd Adangal and not issuing Pattadar Pass Books in respect of land of the 1st petitioner bearing Patta No.806 in Sy.No. 118-1 (Extent 0.17 cents) and Sy.No.118-2 (Extent 0.32 cents) 2nd petitioner bearing Patta No.807 in Sy.No.118-2 (Extent 0.09 cents) and Sy.No.118-13 (Extent 0.09 cents) 3rd petitioner bearing Patta No.808 in Sy.No. 118-4 (Extent 0.10 cents), Sy.No.118-9 (Extent. 0.34 cents), Sy.No.118-11 (Extent 0.14 cents), Sy.No.118-12 (Extent. 0.74 cents), Sy.No.118-19 (Extent 0.22 cents), Sy.No.118-20 (Extent. 0.26 cents), Sy.No.118-21 (Extent 0.30 cents) and Sy.No.118-17 (Extent 0.04 cents) 4th petitioner bearing Patta No.809 in Sy.No.118-5 (Extent. 0.37 cents) and Sy.No.118012 (Extent 0.10 cents) situated in Tamaram Revenue Village, Makaravapalem Mandal, Anakapalli District inspite of issuing D.Form Pattas is illegal, arbitrary, violation of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Article 300-A of the Constitution of India and consequently direct the Respondents to mutate the names of the petitioners in respect of the above lands in the Webland Adangal and issue Pattadar Pass Books. 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 Respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of lands to an extent of the 1st petitioner bearing Patta No.806 in Sy.No.118-1 (Extent: 0.17 cents) and Sy.No.118-2 (Extent: 0.32 cents); 2nd petitioner bearing Patta No.807 in Sy.No.118-2 (Extent: 0.09 cents) and Sy.No.118-13 (Extent: 0.09 cents); 3rd petitioner bearing Patta No.808 in Sy.No.118-4 (Extent: 0.10 cents), Sy.No.118-9 (Extent: 0.34 cents), Sy.No.118-11 (Extent: 0.14 cents), Sy.No.118-12 (Extent: 0.74 cents), Sy.No.118-19 (Extent; 0.22 cents). Sy.No.118-20 (Extent; 0.26 cents), Sy.No.118-21 (Extent; 0.30 cents) & Sy.No.118-17 (Extent; 0.04 cents); 4th petitioner bearing Patta No.809 in Sy.No.118-5 (Extent; 0.37 cents) & Sy.No.118012 (Extent; 0.10 cents) situated in Tamaram Revenue Village, Makaravapalem Mandal, Anakapalli District pending disposal of the writ petition and to pass Counsel for the Petitioners: SRI. M SIVA KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: APHC010146702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY .THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7525/2025 Between: Ruttala Nookaraju and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.M SIVA KUMAR Counsel for the Respondent{S); 1.GP FOR REVENUE The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: “to issue writ order or direction more particularly in the nature of writ of mandamus declaring the inaction of the Respondents in not taking action on the petitioners’ Application vide PGRS.No.ANPL20241118190, dated 18.11.2024 and not mutating the names of the petitioners in Webland Adangal and not issuing Pattadar Pass Books in respect of land of the 1st petitioner bearing Patta No. 806 in Sy.No 1181, Extent 0.17 cents and Sy.No.1182, Extent 0.32 cents, 2nd petitioner bearing Patta No. 807 in Sy.No.1182, Extent 0 09 cents end Sy.No.11813, Extent 0.09 cents, 3rd petitioner bearing Patta No.808 in Sy.No.1184, Extent 0 10 cents SyNo.1189, Extent 0.34 cents, Sy.No.11811, Extent 014 cents. Sy.No.11812, Extent 0.74 cents, Sy.No.11819, Extent 0.22 cents. Sy.No.11820, Extent 0.26 cents Sy.No.11821, Extent 0.30 cents and Sy.No.llSIl, Extent 0.04 cents, 4th petitioner bearing Patta No.809 in 0.37 cents and Sy.No.118012, Extent Revenue Village, Sy.No.1185, Extent 0.10 cents situated, in ■ Makaravapalem Mandai, AnakapaUi District, inspite of issuing D Form Pattas is iiiegai, arbitrary, vioiation of Andhra Pradesh Rights in Land and Pattadar Pass Books Act 1971 and Article 300A of the Constitution of India and consequently direct the Respondents to mutate the names of the petitioners in respect of the above lands in the Webland Adangal and issue Pattadar Pass Books and to pass such other order or Tamaram orders... counsel for the petitioner and the learned Pleader for Revenue appearing for the respondents. Heard the learned 2. Assistant Government counsel for the petitioners submits that the petitioners are the legal heirs of the original assignees and have been in possession and enjoyment of the subject property, i.e., the 1*' Petitioner's bearing Patta No. 806. Sy. No. 118-1, Extent: 0.17 cents, Sy. No. 118-2, Extent: Petitioner's bearing Patta No. 807, Sy. No. 118-2, Extent. 3, The learned nd 0.32 cents, 2 0.09 cents, Sy. No. 1181-3. Extent: 0.09 cents. 3'“ Petitioner's bearing Extent; 0.10 cents, Sy. No. 118-9, Extent; Patta No. 808, Sy. No. 118-4 0.34 cents, Sy. No. 118-11, Extent: 0.14 cents, Sy.No. 118-12. Extent: 0.74 cents, Sy. No. 118-19, Extent: 0.22 cents, Sy. No. 118-20, Extent: 0.26 cents, Sy. No. 118-21, Extent: 0.30 cents, Sy. No. 118-17, Extent: 2^' 0.04 cents, 4the Petitioner’s Patta No.809, Sy. No. 118-5, Extent; 0.37 cents, Sy. No. 118012, Extent: 0.10 cents, these lands are situated in Tamaram Revenue Village, Makaravapalem Mandal, Anakapalli District. The original assignees were granted pattadar passbooks, and the revenue authorities also mutated their names in the revenue records. After the demise of the original assignees, the petitioners, being their legal heirs, submitted an application dated 18.11.2024 through the Public Grievance Redressal System to the concerned respondent, seeking for mutation of their names and for issuance of pattadar passbooks in their favour. Pursuant to the said application, the 3rd respondent conducted a field enquiry. During the course of the enquiry, the petitioners came to know that the revenue authorities had mutated the name of a third parties as the pattadars with respect to the subject lands which is contrary to law, since the petitioners are the rightful legal heirs of the original pattadars and they entitled to have their names mutated in the revenue records. Despite their continuous possession and enjoyment of the subject property, their application for mutation has not been considered so far. Hence, the present writ petition. are On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that the petitioners' application was considered and an order was passed on 18.12.2024, wherein it is stated that the ancestors of the petitioners who are original assignees of their respective lands had alienated the land through a 4. registered sale deed in favour of a third parties. Based on that title deeds, the third parties name were mutated in the revenue records in respect of the subject land. It is further observed that, although the petitioners are in possession and enjoyment of the subject property, the revenue records still stand in the name of the purchaser of the subject land. He further stated that, in view of the provisions of The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act No. 9 of 1977), such alienation of assigned land is contrary to law, and the respondents are entitled to proceed further in accordance with the provisions of the said Act. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents, on perusal of the material available on record, it appears that the ancestors of the petitioners were assigned subject lands under land less poor category. It is settled law that, as per the conditions of assignment, the assignees are not entitled to further alienation and it should be heritable only. In the case in hand, the subject 5. lands were alienated in favour of the third parties, which is not valid, illegal and contrary to law. In view of the reasons stated above, the respondents are at liberty to proceed further under the provisions of The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act No. 9 of 1977) to decide the issue of title and possession of the subject property as between the petitioners and the third party/purchaser. Until the enquiry is completed 6. and the title to the subject property is finalized, both parties shall maintain the status quo as existing on the date of this order. In the meanwhile, the respondents shall proceed in accordance with the provisions of the said Act within a reasonable time. Accordingly, the Writ Petition is disposed of. There shall be no order 7. as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. //TRUE COPY// opf\cbr sect\ow Department, Secretariat, Velagapudi To, 1. The Principal Secretary. Revenue Guntur District, Andhra Pradesh. 2 2. The 3. TheTahsildar 4. One CC to Sri. M Siva Kumar, Advocate [OPUC] 5. Two CCS to GP for Revenue , Collector, Anakapalli District, Anakapalli. Makavarapalem Mandal, Anakapalli District. High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies vna HIGH COURT DATED:01/04/2025 ORDER WP.No.7525 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS