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2025 DAILYLAW 44508 (AP)

NUNNA MADHAVA RAO v. THE STATE OF ANDHRA PRADESH

WP/8504/2025 · 2025-04-01

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (Special Original Jurisdiction) fl WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8504 OF 2025 Between: t; f;, ’ Nunna Madhava Rao, S/p, Venkateswara Rao, Aged 49 years, Occ Cultivation, R/o. 9-119, Gandhi Nagar, Kovvali, Denduluru Mandal, Eluru District-534 442. M ...Petitioner AND 1. The State of Andhra. Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat. Velagapudi, Amaravathi, Guntur District. } 2. The District Collector, Eluru District at Eluru (formerly West Godavari District). 3. The Revenue Divisional Officer,-Eluru Revenue Division, Eluru District (formerly West Godavari District). 4. The Tahsildar, Denduluru Mopdal, Eluru District (formerly West Godavari 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents more particularly Respondent No.4 in passing cryptic rejection order, dated 12.03.2025 a? “Rejecting within SLA” on Petitioner's application bearing its No. MUT250221028123, dated 21.02.2025 submitted for issuance of e-Pattadar Passbook cum Title Deed and for mutation of his name in all record of rights connected to his agricultural landed property admeasuring Ac. 0.85 Cents covered by Sy. No. 301-7 of Kovvali Village, Denduluru Mandal, Eluru District as illegal, irregular, irrational, non-discharge of legal obligation conferred on them, violative of the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Rules framed there under and offends Articles 14, 21 300-A of Constitution of India and consequently direct the Respondents more particularly 4‘^ Respondent tb’^grant e-Pattadar Passbook- Cum-Title Deed and mutate the petitioner name in online web (and record of rights connected to said land. ‘ ^ and 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 suspend the operation of order 12.03.2025 in Application No. I\/1UT250221028123 dated passed by the 4*^ Respondent and consequently direct the Respondents more particularly 4**^ Respondent to allow the Petitioner’s application submitted for issuance of e- Pattadar Passbook cum Title Deed and for mutation of his name in all record of rights connected to his agricultural landed property admeasuring Ac. 0.85 Cents covered by Sy. No. 301-7 of Kovvali Village, Denduluru Mandal, Eluru District, pending disposal of main writ petition. Counsel for the Petitioner: SRf PALA KARTHI KIRAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: '/ ■) APHC010161552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8504/2025 Between; ...PETITIONER Nunna Madhava Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.PALA KARTHI KIRAN Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following; ORDER: India This Writ Petition is filed under Article 226 of the Constitution of 1. seeking the following relief; “to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the in action of the Respondents 3 to 6 in taking action against the Respondents No 7 and 8 and in altering the physical features of the approved layout and changing the boundaries of the house sites in Sy No Village Vajralapuram Nalagampalli Revenue of 60/7 Bangarupalyam Mandal Chittor District is illegal improper arbitrary and unconstitutional and violative of the Rights Guaranteed under Articles 14,10 and 6 and 300A of the Constitution of India and consequently direct the Respondents to take action against altering the physical features of the approved layout Sy.No. 60/7 of and changing the boundaries of the house Revenue Village Bangarupalyam Mandal Chittor District and to pass such other order or orders...” sites in Vajralapuram Nalagampalli 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The case of the petitioner is that the petitioner’s father was in peaceful possession and enjoyment of the subject agricultural land admeasuring to extent of Ac.0.85 cents in Sy.No.301-7 of Kovvali Village, Denduluru Mandal, Eluru District, having acquired the same through a registered Will deed dated 29.04.2021, executed by his grandfather. Since then, the petitioner’s father was in continuous possession and enjoyment of the said land, and his was also recorded in the revenue records. After the demise of the petitioner’s father, the petitioner has been continuing in possession and enjoyment of the subject property. The petitioner submitted an name a representation to the 4th respondent seeking for mutation of his name in the revenue records and issuance of Pattadar Passbook-cum-Title Deed in respect of the said agricultural land. However, the 4th respondent rejected the application through the online portal without assigning any reasons. Hence petitioner’s the present writ petition. On the other hand, the learned Assistant Government Pleader Revenue appearing for the respondents submits that the said 4. for rejection was ■'* made on technical grounds, but no reasons were assigned based on the documents submitted by the petitioner. Therefore, the rejection order issued the 4th respondent dated 12.03.2025 on technical grounds is liable to be by set aside. Having regard to the submissions made by the learned counsel for the 5. and the learned Assistant Government Pleader for Revenue petitioner gppearing for the respondents, and on perusal of the material available on record, it is observed that the petitioner submitted an application seeking for f \ mutation pursuant to the succession of the property by way of a registered Will cjated 29.04.2021, along with relevant documents to substantiate his right over the subject property, including the death certificate of the original pattadar whose name was recorded in the revenue records. As such, the application of the petitioner seeking for mutation of his name in the revenue records in respect of the subject property should be considered by the respondents as per section 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. The rejection order dated 12.03.2025 issued by the 4th respondent, without assigning any reasons, is contrary to the procedure laid down under Section 5 of the Act and is therefore liable to be set aside. Accordingly, this Court is of the considered opinion that the present writ petition is disposed of by setting aside the impugned order dated 12.03.2025 issued by the 4th respondent. The matter is remanded to the 4th respondent. 6. who shall consider the application of the petitioner afresh with reference to Section 5 of the Act, and pass appropriate orders after providing opportunity of hearing to the petitioner and other stakehoiders, if any. within a period of two (02) months from the date of receipt of a copy of this order. an Consequently, Miscellaneous Petitions, petition shall stand closed. if any, pending in the writ \ Sd/- B CHITTI JOSEPH assistant registrar df^OFFICER State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District at Eluru (formerly West Godavari Eiuru Revenue Division, Eluru District Mandal, Eluru District (formerly KIRAN, Advocate [OPUCl revenue .High Court Of Andhra //TRUE COPY// SECTI To. 1. The Principal Secretary to rcovernment Revenue Department, Secretariat District. 2. The District Collector, Eluru District). 3. The Revenue Divisional Officer formerly West Godavari District) 4. The Tahsildar, Denduluru Godavari District). 5. One CC to SRI. PALA KARTHI 6. Two CCs to GP FOR [OUT] 7. Three CD Copies Sree (gsg) West Pradesh. HIGH COURT DATED:02/04/2025 ORDER WP.No.8504 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS