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2025 DAILYLAW 44888 (AP)

B A Mubarak Rafi v. The State of Andhra Pradesh,

WP/11046/2025 · 2025-04-28

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11046 OF 2025 Between: B A Mubarak Rafi, S/o. Late B A Sardhar Hussain, Aged about 45 Years R/o. D.NO.2-282-A-10-1, Postal And Telecom colony, Madanapalle Annamayya District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Secretariat Buildings, Velagapudi, Guntur District. 2. The Revenue Divisional Officer, Madanapalli, Annamayya District. 3. The Tahsildar, Madanapalli, Annamayya 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 an order, writ or direction, more particularity one in the nature of Mandamus declaring the action of the 3rd respondent in not considering the representation, dated 04.09.2024 made by the petitioner for mutating his name in revenue records in respect of land measuring extent of Ac. 3.51 cents in Sy.No.1123/2 situate in Basinikonda Village, Madanapalli Mandal, an Annamayya District as arbitrary unconstitutional, unjust and contrary to provisions of the Andhra Pradesh illegal. Rights in Land and Pattadar Pass Book Act, 1971 and the rules thereunder and consequently direct the tahsildar to mutate the name of petitioner in all the revenue records and issue pattadar passbooks and title deeds. made 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 3'^'^ respondent to consider the representation, dated 04.09.2024 made by the petitioner for mutating his records in respect of land measuring an extent of Ac.3.51 cents in Sy.No.1123/2 situate in name in revenue Basinikonda Village, Madanapalli Mandal, Annamayya District, pending disposal of the writ petition before the Hon’ble court. Counsel for the Petitioner: SRI VARADAM SAI LIKHITH Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010208892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 1 Sk-.-VM TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11046/2025 Between: ...PETITIONER B A Mubarak Rafi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VARADAM SAI LIKHITH 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: 11046/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the 3'"^ respondent In not considering the representation dated 04.09.2024 made by the petitioner for mutating his name in revenue records In respect of land measuring an extent of Ac.3.51 cents in Sy.No.1123/2 situate in Basinikonda Village, Madanapalli Mandal, Annamayya District as arbitrary. Illegal, unconstitutional, unjust and contrary to provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 and the rules made thereunder and consequently direct the Tahsildar to mutate the name of petitioner In all the revenue records and issue pattadar passbooks and title deeds and pass such other order. ” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the land admeasuring to an extent of Ac.3.51 cents in Sy.No.1123/2 of Basinikonda Village was assigned to the petitioner’s father. Later, the name of the petitioner’s father was mutated in the revenue records. During the life time of the petitioner’s father executed a gift deed dated 19.08.2014 bequeathing an extent of Ac. 1.00 cents in Sy.No.1123/2 in favor of the petitioner. Likewise the father of the petitioner was also executed two gift deeds dated 19.08.2014 and 28.10.2014 in favour of the petitioner’s two brothers namely A B.A.Mohammed Shafi, B.A.Shaik Manjoor Althaf for the land admeasuring to an extent of Ac.1.51 cents and Ac.I.OO cents in Sy.No.1123 12 respectively. After the death of the petitioner’s father, the petitioner made a representation dated 04.09.2024 to the 3 respondent seeking to mutate their names in the revenue records. But till date the 3'"^ respondent did not consider the same. Hence, the present Writ Petition. Government Pleader for the 4. Learned Assistant respondents submits that if the petitioner submits 6-A application through online, the respondents will consider and dispose of the said 6-A application, within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit 6-A application along with the required documents through online, within a period of two(2) weeks from the date of receipt of copy of this Order. After receipt of the said 6-A application, the respondents are directed to consider and dispose of the same in accordance with law, within a period of two(2) months thereafter. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 4 41/ As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRY //TRUE COPY// 17 OFFICER S To, 1. The Principal Secretary, State of Andhra Pradesh, Department of Revenue, Secretariat Buildings, Velagapudi, Guntur District. 2. The Revenue Divisional Officer, Madanapalli, Annamayya District. 3. The Tahsildar, Madanapalli, Annamayya District. 4. One CC to Sri Varadam Sai Likhith, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies sree HIGH COURT DATED:29/04/2025 ORDER WP.No.11046 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS