Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH | TWO THOUSAND AND TWENTY FIVE \ PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7863 OF 2025 Between: Mupparaju Srinivasa Rao, S/o. Late Veera Raju, aged about 55 years, R/o. Pasivedala, Kovvur Mandal, East Godavari District. ...PETITIONER AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Guntur District, Andhra Pradesh. 2. The District Collector, East Godavari District at Rajahmundry. 3. The Revenue Divisional Officer, Kovvur Revenue Division, Kovvur, Kovvur Mandal, East Godavari District. 4. The Mandal Revenue Officer, Kovvur Mandal, Kovvur, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos.2 to 4 herein in not considering his Representations, dated 13-02-2023, 05-06-2023, 18-12-2024, 12-02- 2025, and 17-02-2025, and mutating his name in the revenue records pertaining to the agricultural land admeasuring Ac. 1-14 cents situated in Sy.Nos.349/1, 349/2, 349/3, and 350/1, Kovvur Town, Kovvur Mandal, East Godavari District, as illegal, arbitrary, contrary to the principles of natural justice and in violation of
Articles 14, 21 and 300-A of the Constitution of India, and consequently ' direct the Respondent Nos.2 to 4 herein to mutate the name of the Petitioner pertaining to the agricultural land admeasuring Ac. 1-14 cents eituated in Sy.Nos.349/1, 349/2, 349/3, and 350/1, Kovvur Town, Kovvur Mandal, East Godavari District, in the revenue records. 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 Respondent Nos.2 to 4 herein to consider the Representations, dated 13-02-2023, 05-06-2023, 18-12-2024, 12-02-2025, and 17-02-2025, for mutating his name in the revenue records pertaining to the agricultural land admeasuring Ac.1-14 cents situated in Sy.Nos.349/1, 349/2, 349/3, and 350/1, Kovvur Town, Kovvur Mandal, East Godavari District.
Counsel for the Petitioner; SRI PARIMI RAMA RAYUDU Counsel for the Respondent Nos.1 to 4: GP FOR^REVENUE The Court made the following: ORDER
APHC010133032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7863/2025 [3329] Between: Mupparaju Srinivasa Rao ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner:
1.PARIMI RAMA RAYUDU Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following Order:- ...RESPONDENT(S) This Writ Petition is filed under Article 226 of the
1. Constitution of India seeking the following relief:
“to issue a writ
order or orders more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos. 2 to 4 herein in not considering my Representations dated 13.02.2023, 05.06.2023, 18.12.2024, 12.02.2025 and 17.02.2025 and mutating my name in the revenue records pertaining to the agricultural land admeasuring Ac. 1-14 cents situated in Sy.Nos.349/1 349/2 349/3 and 350/1 Kovvur Town Kovvur Mandal East Godavari District as illegal arbitrary contrary to the principles of natural justice and in violation of Articles 14 21 and 300A of the Constitution of India and consequently direct the Respondent Nos 2 to 4 herein to mutate the name of the Petitioner pertaining to the agricultural land admeasuring Ac
V* 2 114 cents situated in Sy Nos 349/1 349/2 349/3 and 350/1 Kovvur Town Kovvur Mandal East Godavari District in the revenue records to pass such other orders...”
order or
2. Heard the
learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. The case of the petitioner is that the petitioner’s father is the absolute owner and possessor of the agricultural land admeasuring to an extent of Ac.5-08 1/2 cents situated in
3. Sy.Nos.349/1, 349/2, 349/3, and 350/1 of Kovvur Town, Kovvur Mandal, East Godavari District. While so, the 1st respondent acquired a portion of the land admeasuring Ac.0.49 cents in the year 1988, and an award was also passed in 1970 in respect of the said extent. After the said acquisition, the petitioner’s name was mutated as the owner/pattadar in the revenue records. However, to the petitioner’s surprise, instead of reflecting the remaining extent of Ac.4-59 1/2 cents in his name, the revenue records show only Ac.3-45 1/2 cents in his name, and the remaining Ac. 1-14 cents is reflected as GP-KPS Canal. For which the petitioner made several representations dated 13.02.2023, 05.06.2023, 18.12.2024, 12.02.2025 and 17.02.2025 to the respondents authorities, requesting for
• ^ 3 mutation of the subject land. Despite receiving the representations of the petitioner, the respondents authorities neither considered the representations nor replied. Hence, the present Writ Petition. On the other hand, the learned Government Pleader for
4. Revenue appearing for the respondents furnished written respondent dated 26.03.2025 th instructions issued by the 4 wherein it is stated as follows;-
“The petitioner has not filed mutation application in Form-6A under rule 18 and section 4(01) of A.P. rights in land and Pattadar Pass Books Rules 1989 and Act 1971 nor filed family partition deed claiming his rights over the land, there is no provision for mutation lands without proper documents (family partition deed) and prescribed application in favour of the petitioner. The petitioner is not only legal heir of the registered holder. Late Sri Mupparaju Veera Raju is having four sons and 3 daughters total 7 family members. He has not filed any partition deed so far. It is further submitted that the above lands are also registered under prohibited properties under section 22A(1)(B) vide the then collector’s Notification E1/E-5565/2015, dated
19.05.2016. V 4 On simple application the Government lands cannot be mutated in favour of the applicant”. He further submits that the petitioner’s application was not
5.
filed as per the Form-6A under Rule 18 and Section 4(1) of the A.P. Rights in Land and Pattadar Passbooks Rules, 1989 and the Act,
1971. Since there are other legal heirs of the original pattadar. Late Sri Mupparaju Veera Raju, the petitioner has to submit either a registered partition deed or no-objection certificates from the other legal heirs in respect of the subject property. Upon submission of the required documents along with a duly filled Form-6A application, the concerned respondent authorities will consider the application and pass appropriate orders in accordance with law. Having regard to the submissions made by the learned
6. counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the petitioner to submit a Form-6A application under Rule 18 and Section 4(1) of the A.P. Rights in Land and Pattadar Passbooks Rules, 1989 and Act, 1971, along with the required
5 documents, particularly either a partition deed or no-objection certificates from the other legal heirs duly attested by the competent authority, within a period of three (03) weeks from the date of receipt of a copy of this order. Upon such submission, the 2nd respondent is
directed to consider the same and pass appropriate orders, after providing an opportunity of hearing to the petitioner, other legal heirs, and any other stakeholders. within a period of three (03) months thereafter. With the above direction, the writ petition is disposed of.
7. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR SECTION officer //TRUE COPY// To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Thullur Mandal, Guntur District, Andhra Pradesh.
2. The District Collector, East Godavari District at Rajahmundry.
3. The Revenue Divisional Officer, Kovvur Revenue Division, Kovvur, Kovvur Mandal, East Godavari District.
4. The Mandal Revenue Officer, Kovvur Mandal, Kovvur, East Godavari District.
5. One CC to Sri Parimi Rama Rayudu, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT
7. Three D Copies. ssb
/ HIGH COURT DATED:27/03/2025
ORDER WP.No.7863 of 2025 g Oa MAY 2025 g Current Secuon DISPOSING OF THE W.P. WITHOUT COSTS