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2025 DAILYLAW 45161 (AP)

BHAVANAM VENKATA REDDY v. THE STATE OF AP

WP/10605/2025 · 2025-04-27

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10605 OF 2025 Between: Bhavanam Venkata Reddy, S/o.Venkata Subba Reddy, Aged 60 years R/o.Ankireddypalem, Guntur, West Mandal, Guntur District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur district. 2. The District Collector, Guntur district at Guntur. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Tahsildar, Guntur West Mandal, Guntur, Guntur 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 a writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of respondent in not € considering my representation, dt. 31.01.2025 along with Form-6 (A), submitted under the -provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under, for Online Mutation and Issuance of E-Pattadar Passbook and Title Deed in his favour, connected to his agriculture land admeasuring Ac.2.16 Cents in Sy.No.417/1 of Pothuru Village, Guntur West Mandal of Guntur District illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondent under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14, 21 & 300-A of Constitution of India and consequently direct the 4*^ respondent to grant him E-Pattadar Passbook- cum-Title Deed and also update his name in all online web land record of rights for the applied extent of land. as 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 4**^ resident to initiate necessary action ^^petitioner’s representation dt; 31.01.2025 submitted for gracing E-Pattadar Passbook- cum-Title Deed and mutation of petitioner name (j all online Record of Rights such as Adangal pahanies, l-B Register connected his agricultural lands in an extent of Ac.2.16 Cents in Sy.No.;417/1 of Pothuru Village, Guntur West Mandal of Guntur District, pending disposal of the main Writ Petition and pass. Counsel for the Petitioner: Smt. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: € ' APHC010204912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10605/2025 Between; ...PETITIONER Bhavanam Venkata Reddy AND ...RESPONDENT The State of AP Counsel for the Petitioner: 1 .NIMMAGADDA REVATHI Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: % 2 A THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10605/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India claiming the following relief: “...to issue a writ, order or direction more particulariy one in the nature of WRIT OF MANDAMUS declaring the action of 4^^ respondent in not considering petitioner’s representation, dt. 31.01.2025 along with Form-6 (A), submitted under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under, for Online Mutation and issuance of E- Pattadar Passbook and Title Deed in his favour, connected to his agriculture land admeasuring Ac.2.16 Cents in Sy.No.417/1 of Pothuru Village, Guntur West Mandal of Guntur District, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on 4‘^ respondent under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14, 21 & 300-A of Constitution of India and consequently direct the 4^^ respondent to grant him E- Pattadar Passbook-cum-Title Deed and also update his name in all online web land record of rights for the applied extent of land and pass such...” The case of the petitioner in nutshell is that, he is in possession and enjoyment of the land in an extent of Ac. 2.16 cents in Sy.No.417/1, Pothuru Village, Guntur West Mandal, Guntur District. The petitioner submitted a representation dated 31.01.2025 along with Form 6(A) application and requested the Revenue authorities for conducting enquiry and to consider the Form 6(A) application for mutation and to issue E-Pattadar Passbook and Title Deed. Despite request from the petitioner, the official respondents did not enquire survey in respect of the subject land. Therefore, inaction on the part of the respondents is illegal and arbitrary. 2. 3 During hearing, learned counsel for the petitioner reiterated the contentions and requested to issue a direction as claimed in the Writ Petition. 3. Learned Assistant Government Pleader for Revenue submitted that 4. unless Form 6(A) application is made through Mee-Seva, the mutation of name of the petitioner in the Revenue records and for issuance of E-Pattadar Pass Book the petitioner require to make an application under Rule 5(iii) of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and as per G.O.Ms.No.209, dated 14.06.2017 through Mee-Seva on payment of requisite fee. In the absence of such application, alleging that the inaction of the respondents is illegal and arbitrary does not arise and requested to dismiss the writ petition. Heard learned counsel for the petitioner, learned Government Pleader 5. for Revenue and perused the material available on record. Admittedly, the petitioner did not make Form 6(A) application through Mee-Seva for online mutation of the name in the revenue records and for 6. issuance of E-Pattadar Pass Book, except a request. Therefore as on the date, no valid application is submitted in terms of G.O.Ms.No.209, dated 14.06.2017 for mutation of his name in revenue records and for issuance of E-Pattadar Pass Book & Title Deed in respect of the land. Therefore, question of taking action on the request made by the petitioner does not arise. Hence the petitioner is not entitled to claim writ of mandamus for the present in the facts and circumstances of the case. However, liberty is given to the petitioner 4 € /• to make Form 6(A) Application for online mutation of name and issuance of E-Pattadar Pass Book & Title Deed through Mee-Seva on payment of requisite fee, within six (06) weeks from the date of receipt of copy of this order. After such submission of the application by the petitioner, the respondent/competent authority shall consider and pass appropriate application after providing an opportunity of personal hearing to the petitioner and other stake holder, if any, within a period of two (02) months thereafter. With the above direction, Writ Petition is disposed of, at the stage of 7. admission with the consent of both the learned counsel. No costs. Consequently, miscellaneous applications pending, if any, shall stand closed. Sd/- U.SRI DEVI ASSISTANT^REGISTRAR //TRUE COPY// FFICER SE' To 1. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur district. 2. The District Collector, Guntur district at Guntur. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Tahsildar, Guntur West Mandal, Guntur, Guntur district. 5. OneCCto Smt. NIMMAGADDA REVATHI Advocate [OPUC] 6. Two CCs to GP for REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies vna HIGH COURT DATED:28/04/2025 ro'" ORDER c ■'SZ 0 k JUN 2025 m CO li WP.No.10605 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS