IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10088 OF 2025 Between: Lekkala Kishore Rambabu, S/o. L. Gangunaidu, Aged about 43 years, R/o. Plot No. 134, Alakananda Colony, Vizianagaram, Vizianagaram District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Velgapudi, Amaravathi, Guntur District. 2. The District Collector, Vizianagaram District. 3. The Revenue Divisional Officer, Vizianagaram Division, Vizianagaram District. 4. The Tahsildar, Gantyada Mandal, Vizianagaram 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 be pleased to pass an order or orders or a direction in the nature of a WRIT OF MANDAMUS declaring inaction of the 4th Respondent i mutating the petitioners property pursuant to the application submitted under Form-6A through Application No. TMUT250224036118 dated 24.02.2025, for the property admeasuring a total extent of Ac.2.14 Cents, may in comprising Ac. 0.12 cents in Sy. No. 79-8, Ac. 0.02 cents in Sy. No. 78-9, -Aor 0.47 cents in Sy. No. 78-17, Ac. 0.08 cents in Sy. No. 75-4, Ac. 0.07 cents in Sy. No. 74-7, Ac. 0.025 cents in Sy. No. 69- 2, Ac. 0.055 cents in Sy. Np, 56-13, Ac. 0.29 cents in Sy. No. 28-11, Ac. 0.035 cents in Sy. No! 98-9, Ac. 0.03 cents in Sy. No. 98-10, Ac. 0.14 cents in Sy. No. 83-1, Ac. 0.18 cents in Sy. No. 81-4, Ac. 0.15 cents in Sy. No. 103-10, Ac. 0.37 cents in Sy. No. 21-1, and Ac. 0.10 cents in Sy. No. 21-01, situated in Tatipudi village, Gantyada Mandal, Vizianagaram District as arbitrary, unjust, contrary to the provisions of the Registration Act, 1908 besides being violative of the Article 14 and 300A of the Constitution of India. 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 4th Respondent to consider application for mutation submitted under form-6A for the subject property vide Application No. TMUT250224036118 dated 24.02.2025. Counsel for the Petitioner: M/S CKR ASSOCIATES Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010193442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0^ TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10088/2025 Between: ...PETITIONER Lekkala Kishore Rambabu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CKR ASSOCIATES 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. the India seeking the following reliefs;- “pleased to pass an order or orders or a direction in the nature of a WRIT OF MANDAMUS declaring inaction of the 4th Respondent in mutating the petitioners property pursuant to the application submitted under Form-6A TMUT250224036118 dated through Application No. 24.02.2025, for the property admeasuring a total extent of Ac.2.14 Cents, comprising Ac. 0.12 cents in Sy. No. 79-8, Ac. 0.02 cents in Sy. No. 78-9, Ac. 0.47 cents in Sy. No. 2 78-17, Ac. 0.08 cents in Sy. No. 75-4, Ac. 0.07 cents in Sy. No. 74-7, /\c. 0.025 cents in Sy. No. 69- 2, Ac. 0.055 cents in Sy. No. 56-13, Ac. 0.29 cents in Sy. No. 28-11, Ac. 0.035 cents in Sy. No. 98-9, Ac. 0.03 cents in Sy. No. 98- 10, Ac. 0.14 cents in Sy. No. 83-1, 2!\c. 0.18 cents in Sy. No. 81-4, Ac. 0.15 cents in Sy. No. 103-10, Ac. 0.37 cents in Sy. No. 21-1, and Ac. 0.10 cents in Sy. No. 21-01, situated Tatipudi viiiage, Gantyada Mandal, Vizianagaram District as arbitrary, unjust, contrary to the provisions of the Registration Act, 1908 besides being violative of the Article 14 and 300A of the Constitution of India and pass such order or orders” in 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the Petitioner submits that the petitioner is the absolute owner and possessor of the agricultural landed property total an extent of Ac.2.14 cents comprising Ac.0.12 cents in Sy.No.79-8, Ac.0.02 cents in Sy.No.78-9, Ac. 0.47 cents in Sy.No.78-17, Ac.0.08 cents in Sy.No.75-4 Ac.0.07 cents in Sy.No.74-7, Ac.0.025 cents in Sy.No. 69- 2, Ac.0.055 cents in Sy.No.56-13, Ac.0.29 cents in Sy.No.28- 11, Ac.0.035 cents in Sy.No.98-9, Ac.0.03 cents in Sy.No.98-10, Ac.0.14 cents in Sy.No.83-1, Ac.0.18 cents in Sy.No.81-4, Ac.0.15 cents in Sy.No.103-10, Ac.0.37 cents in Sy.No.21-1, and Ac.0.10 cents in Sy.No.21-01 situated in Tatipudi village, Vizianagaram District and having acquired the subject property by virtue Gantyada Mandal 3 of registered Will deeds executed by his grandfather and grandmother in the years 1988 and 1994, respectively. Since then, the petitioner has been in continuous possession and enjoyment of the subject property, cultivating the same for agricultural purposes. However, a relative of the petitioner’s grandmother instituted a suit in O.S. No. 39 of 2011 on the file of the Family Court-cum-111 Additional District Judge, Vizianagaram, seeking for a declaration of title and for a permanent injunction against the petitioner. The said suit was dismissed. An appeal was subsequently filed in A.S. No. 990 of 2018 before this Hon’ble Court, which is still pending for adjudication. In the meantime, the petitioner submitted a th Form-6A application through Mee-seva on 24.02.2025 to the 4 respondent, seeking for mutation of his name in the revenue records in respect of the subject property. However, the aforementioned relative of the petitioner’s grandmother submitted a representation and raised objections before the 4th respondent, requesting that the petitioner’s mutation application not be considered during the pendency of the civil case. Based solely on such objections, the 4th respondent withheld an application of the petitioner’s application and orally conveyed that the mutation cannot be processed. The learned counsel contends that the 4th respondent, instead of passing a formal order, has merely conveyed his decision verbally, which is impermissible. He further submits that this Hon’ble Court, in W.P. No. 5183 of 2023, has clearly held that the mere pendency of a civil suit does not automatically bar the revenue authorities 4 from exercising jurisdiction under Section 4 of the ROR Act. Moreover per Sections 5(3) and 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, the 4^'' respondent (Tahsildar) is obligated to consider any objections, conduct a due enquiry, and pass appropriate order, which shall be communicated to the concerned parties. In the present case, the 4*'' respondent has failed to issue any formal order on the petitioner’s application, thereby violating the statutory provisions. Hence the writ petition. , as an 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that the respondent authorities will consider Form-6A application dated 24.02.2025 and pass appropriate order in accordance with law, within a reasonable time. Having regard to the submissions made by the learned counsel for 5. 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 matter deserves to be remanded to the 4*^ respondent. Accordingly, the matter is remanded to the 4*^ respondent, who shall consider the petitioner’s Form-6A application dated 24.02.2025 afresh in accordance with Section 5 of the Act, and pass appropriate orders after providing an opportunity of hearing to the petitioner and any other stakeholders, if any, within a period of two (02) months from the date of receipt of a copy of this order. 5 With the above direction, the writ petition is disposed of. There shall 6. be no order as to costs. 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Velgapudi, Amaravathi, Guntur District. 2. The District Collector, Vizianagaram District. 3. The Revenue bivisional Officer, Vizianagaram Division, Vizianagaram District. 4. The Tahsildar, Gantyada Mandal, Vizianagaram District. 5. OneCCto M/s CKR Associates Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:22/04/2025 ORDER WP.No.10088 of 2025 DISPOSING THE WP WITHOUT COSTS