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2025 DAILYLAW 45298 (AP)

BOGGARAPU LAKSHMI RAMMOHAN RAO GUPTA v. The State of Andhra Pradesh,

WP/9091/2025 · 2025-04-21

Venkateswarlu Nimmagadda

body2025

Judgment text

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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: 9091 OF 2025 Between: Boggarapu Lakshmi Rammohan Rao Gupta, S/o. Lakshmana Murthy, Aged about 72 years, R/o.9-19-16, Sunkaravari Street, Anakapalli, Anakapalli District, Represented by his Reg. GPA holder, Kutcharlapati Venkata Surya Narayana Raju, S/o.Late Chandra Raju, Aged about 55 years, R/o. 50-1-59/2/2, 5th Floor, Rasanjani Elites, ASR Nagar, Seethammadhara, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Anakapalli District. 3. The Joint Collector, Anakapalli District. 4. The Revenue Divisional Officer, Anakapalli, Anakapalli District. 5. The Tahsildar, Anakapalli, Anakapalli 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 issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in unilaterally removing / may the petitioner's name in online revenue records and adangal with respect to land of an extent Ac.5.00 cents situated in Sy.No.2-2 of Pisinikada village, Anakapalli Mandal and district and placing the subject property in dispute register as 'Court case' as illegal, arbitrary and against the principles of natural justice and in violation of AP Rights in land and pattadar passbooks Act, 1971 and rules there under and consequently direct the respondent authorities to forthwith restore the name of the petitioner in online revenue records and Adangal with respect to petitioner's subject land by deleting the remark 'Court case'. 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 Respondents to forthwith restore the name of the petitioner in online revenue records and Adangal with respect to land of extent Ac.5.00 cents situated in Sy.No.2-2 Pisinikada village, Anakapalli Mandal and district. an Counsel for the Petitioner: SRI. KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010176622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9091/2025 Between: Boggarapu Lakshmi Rammohan Rao Gupta AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KANAKALA DEVI PRASANNAKUMAR ...PETITIONER ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9091/2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: . to issue a Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in unilaterally removing the petitioner’s name in online revenue records and adangal with respect to land of an extent Ac. 5.00 cents situated in Sy.No.22 of Pisinikada village, Anakapalli Mandal and district and placing the subject property in dispute register as “Court case” as illegal, arbitrary and against the principles of natural justice and in violation of A.P. Rights in land and pattadar passbooks Act, 1971 and rules there under and consequently direct the respondent authorities to forthwith restore the name of the petitioner in online revenue records and Adangal with respect to petitioners subject land by deleting the remark ‘Court case’ and to pass such other order or orders...” ( 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.5.00 cents situated in Sy.No.2-2 of Pisinikada Village, Anakapalli District having acquired the same by way of succession. Since the date of succession, the petitioner has been in peaceful possession and enjoyment of the subject property and his name was also entered in the revenue records like Adangals and IB record in respect of the subject property. Later respondent No.5 also issued possession certificate in his favour. While things stood thus, the respondent authorities placed the subject land in the dispute register, for which, the petitioner herein filed a writ petition in W.P.No.31701 of 2022, wherein this Court was pleased to pass an order dated 27.09.2022, setting aside the incorporation of the subject land in the dispute register. Now, the respondents are taking steps for mutation of the petitioner’s name in the revenue records. In that process, respondent No.5 herein addressed a letter to the Joint Collector seeking clarification of the compliance of the this Court dated 27.09.2022. Learned counsel for the petitioner further submits that even though this Court passed an order dated 27.09.2022, till today, the respondents neither initiated any action for mutation proceedings. Hence, the writ petition. orders of nor passed any other 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 15.04.2025 submitted by respondent No.5, wherein, it is categorically stated as follows: 7 submit that during resurvey Grama Sabha conducted 02.10.2024 Pisinikada Grama Sachivalyam, the petitioner attended the Grama Sabha and submitted representation in Gramasabha stated that a Court case mentioned as Revenue records of Survey No.2-2 Pisinikada Village. At present, no High Court cases is pending hence reguested to mutate the petitioner’s name in the revenue records. on I submit that after due enquiry a detailed report submitted to the Joint Collector, Anakapalli for removal of Court records vide Rc.No. 120/2025 SA dated 15.04.2025. cases in revenue / submit that after receipt of the orders from Joint Collector Anakapalli the mutated work completed very soon. ” He further submits that the respondents are taking steps to comply with orders of this Court dated 27.09.2022 and respondent No.5 is waiting for the orders of the respondent No.3 pursuant to the letter dated 15.04.2025. He further submits that whenever the respondent No.5 receives the orders from respondent No.3. respondent No.5 will take steps in respect of the mutation of petitioner’s name in the revenue records, in accordance with law. 5. the 6. Having regard to the submissions made by the learned counsel for the and learned Government Pleader for the respondents and on petitioner perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing respondent No.5 herein to consider the fresh request of the petitioner and by considering the orders of this Court dated 27.09.2022 and pass appropriate orders within a period of two (02) months from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- P.VINOD KUMAR assistant registrar / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Anakapalli District. 'X Tho Inint .Pollpartnr niejtrirt 4. The Revenue Divisional Officer, Anakapalli, Anakapalli District. The Tahsildar, Anakapalli, Anakapalli District. One CC to Sri. Kanakala Devi Prasannakumar Advocate [OPUC] Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] Three CD Copies 5. 6. 7. 8. GSC ; M * HIGH COURT DATED:22/04/2025 ORDER WP.No.9091 of 2025 % s 11 SEP 2II25 m ^ Current Section i^-y disposing the wp WITHOUT COSTS