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2025 DAILYLAW 46930 (AP)

C NARASIMHAPPA v. THE STATE OF AP

WP/12339/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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fAN 4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATvD (Special Original Jurisdiction) ■•s c XI .31 TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12339 OF 2025 Between: C. Narasimhappa, S/o. Chenagala Ramaiah, Aged 72 years, Occ: Agriculturist, R/o. Guvvalagutta F'^lli,Village, Puttaparthy Mandal, Sri Sathya Sai District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rept by its Secretary to Government : V Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2.The District Collector, Sri Sathya Sai, Sri Sathya Sai District. S.The Joint Collector, Sri Sathya^Sai, Sri Sathya Sai District. 4.The Revenue Divisional Officer, Puttaparthy, Sri Sathya Sai District. 5. The Tahsildar, Puttaparthy, Sri Sathya Sai District. 6.The Sub Registrar, Bukkapatham, Sri Sathya Sai District. 7. The Station House Officer, Puttaparthy Rural Police Station, Sri Sathya Sai District. 8.The Deputy Tahsildar, O/o. Tahsildar, Puttaparthy. i 9 The Mandal Surveyer, O/o. Tahsildar, Puttaparthy. 10; The Village Revenue Officer, O/o. Tahsildar, Puttaparthy. ...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 of mandamus or any other appropriate writ order or direction declaring the action of the Respondent Nos.4 and 5, 7 to 10 in not fixing the boundaries in respect of petitioners land in Sy.No.203-D to extent of Ac.No.1.34 cents situated at Pedaballe Village, Puttaparthy Mandal, Sri Sathya Sai District and also attempting to alter the revenue records, and also the action of the 6*'^ respondent in entertaining the document for registration in respect of lands in Sy.No.203-D to an extent of Ac.No. 1.34 cents situated at Pedaballi Village, Puttaparthy Mandal, Sri Sathya Sai District is illegal, irBitrary and consequently, direct the respondent nos.4 and 5, 7 to 10 id fix the boundaries in respect of the petitioners land, and also direct the Sthrespondent not to entertain and process for registration in respect of lands in Sy.No.203-D to an extent of Ac.No.1.34 cents situated at Pedaballi Village, Puttaparthy Mandal, Sri Sathya Sai District. an lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no 6 not to entertain and process for registration in respect of petitioners land in Sy.No.203-D to an extent of Ac.No.1.34 cents situated at Pedaballe Village, Puttaparthy Mandal, Sri Sathya Sai District pending disposal of the writ petition. 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 hbs.4 and 5, 7 to 10 to fix the boundaries in respect of the petitioners land in Sy.No.203-D to an extent of Ac.No.1.34 Pedaballi Village, Puttaparthy Mandal, Sri Sathya Sai cents situated at District pending disposal of the writ petition. Counsel for the Petitioner: SRI N. ASWARTHA NARAYANA Counsel for the Respondent Nos.1 to 6, 8 to 10 : GP FOR REVENUE Counsel for the Respondent No.7 : GP FOR HOME The Court at the stage of admissionmade the following: ORDER i, ' ;■ 1 l^- NV^ W.P.No.12339 of 2025 APHC010243102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12339/2025 Between: C Narasimhappa ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: 2 ^ 5> NV,J- W.P.No.12339 of 2025 ORDER: i This writ petition is filed under Article 226 of the Constitution of India, 1. claiming the following relief; “To issue Writ of Mandamus declaring the action of the Respondent Nos.4 and 5, 7 to 10 in not fixing the boundaries in respect of petitioners land in Sy.No.203-D to an extent of Ac.No.1.34 cents situated at Pedaballe Village, Puttaparthy Mandal, Sri Sathya Sai District and also attempting to alter the revenue records, and also the action of the 6th respondent in entertaining the document for registration in respect of lands in Sy.No.203-D to an extent of Ac.No.1.34 cents situated at Pedaballi Village, Puttaparthy Mandal, Sri Sathya Sai District is illegal, arbitrary and consequently, direct the respondent nos.4 and 5, 7 to 10 to fix the boundaries in respect of the petitioners land, and also direct the 6threspopdent not to entertain and process for registration in respect M lands in Sy.No.203-D to an extent of Ac.No.1.34 cents situated at Pedaballi Village, Puttaparthy Mandal, Sri Sathya Sai District” 2. The case of the petitioner in nutshell is that, he is in possession and enjoyment of the land in an extent of Ac. 1-34 cents in Sy.No.203-D, Pedaballi Village, Puttaparthy Mandal, Sri Sathya Sai District. The petitioner requested the survey authorities for conducting survey and fixing boundaries. Despite request from the petitioner, the official respondents did not conduct survey in respect of the subject land. Therefore, inaction on the part of the respondents is challenged through this writ petiton. 1 3 IW,) W.P.No.l2339 of2025 3. During hearing Sri N. Aswartha Narayana. Krishna Swaroop counsel for the petitioner reiterated the contentions and direction as claimed in the Writ Petition. , learned requested to issue a 4. Learned Assistant Government Pleader for Revenue 1 unless F-Line application is made through Mee-Seva, the conducted and similarly the mutation of submitted that survey cannot be names of the petitioners in the Revenue record^ and for issuance of 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, declaration of the inaction of the arbitrary does not arise and requested to dismiss the writ respondents as illegal and petition. 5. Heard learned counsel for the petitioner, learned Government Pleader for Revenue and perused the material available on record. • 6. Admittedly,^the petitioner did not make F-Line application through Mee V Seva for mutation of the names in the revenue records and issuance of 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 names in revenue records and for conducting survey 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 4 % X NV,J W.P.No.12339 of 2025 mandamus for the present in the facts and circumstances of the case. However, liberty is given to the petitioner to make F-Line Application for conduct of survey and a separate application for mutation of names and issuance of Pattadar Pass Book through Mee-Seva on payment of requisite fee, within two weeks from the date of receipt of copy of this order, after such submission of th^ application , by the petitioner, the respondent/competent authority shall consider and pass appropriate application' on the F-Line application of the petitioner, within a period of two (02) months thereafter, till then, status quo obtaining as on today, shall be maintained by all the parties concerned. With the above direction. Writ Petition is disposed of, at the stage of 7. admission with the consent of both the counsel. No costs. Consequently, miscellaneous applications pending if^ any, shall stand 8. closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR from //TRUE COPY// SECTIO ICER To, 1. The Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2.The District Collector, Sri Sathya Sai, Sri Sathya Sai District. 3.The Joint Collector, Sri Sathya Sai, Sri Sathya Sai District. 4.The Revenue Divisional Officer, Puttaparthy, Sri Sathya Sai District. 5. The Tahsildar, Puttaparthy, Sri Sathya Sai District. e.The Sub Registrar, Bukkapatnam, Sri Sathya Sai District. 7. The Station House Officer, Puttaparthy Rural Police Station, Sri Sathya Sai District. 8.The Deputy Tahsildar, O/o. Tahsildar, Puttaparthy. 9. The Mandal Surveyer, O/o. Tahsildar, Puttaparthy. 10. The Village Revenue Officer, O/o. Tahsildar, Puttaparthy. 11.One CC to Sri N. Aswartha Narayana, Advocate [OPUC] 12.Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 13. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 14.Three C.D. Copies. Cnr -f HIGH COURT DATED;06/05/2025 \ ORDER WP.No.12339 of 2025 09 JUN 7m V a: o m; tot DISPOSING OF THE W.P. AT THE STAGE ADMISSION WITHOUT COSTS OF