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2025 DAILYLAW 47430 (AP)

THUPPATI ESWARAIAH v. THE STATE OF ANDHRA PRADESH

WP/11692/2025 · 2025-05-04

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

L: IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) i: MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11692 OF 2025 Between: 1. Thuppati Eswaraiah, s/o Late Kuruba Ramanjaneyulu, Aged about 62 years, agriculture R/o .D.No 4-67, Kadadarakunta Village, Kuderu Mandal, Anantapuramu District 2. Kuraba Siddamma, w/o Late Kuruba Ramanjaneyulu @ Thuppati Siddama Aged about 80 years, agriculture R/o D.No 4-67, Kadadarakunta Village, Kuderu Mandal, Anantapuramu District ...Petitioners AND 1. The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District.Rep by its Principal Secretary 2. The District Collector, Anantapuramu District 3. The Thasildar, Kuderu Mandal, Anantapuramu 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 Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No 3 in disposing of the AP-SEVA Application No MUT240830047528 dt 30-08- 2024 seeking for mutation of revenue records and issuance of pattadar pass book, pertaining to the lands, admeasuring an extent of Ac.5.00 e^nts in Sy 27-2, Ac 1.84 Cents in Sy No 27-1 bearing Khata No 417 of Kuderu Village, Kuderu Mandal, Anantapur District as illegal , arbitrary and violation of Art -21 of the constitution and consequently direct the respondents dispose of the AP-SEVA Application No MUT24083004752 8 dt 30-08-2024 seeking for mutation of revenue records and issuance of pattadar pass book , pertaining to the lands admeasuring an extent of Ac.5.00 Cents in Sy 27-2, Ac 1.84 Cents in Sy No 27-1 bearing Khata No 417b of Kuderu Village, Kuderu Mandal , Anantapur District in a fixed time frame. 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 dispose of the AP-SEVA Application No.MUT240830047528 DT.30.08.2024 seeking for mutation of records and issuance of pattadahar pass book, pertaining to the lands, admeasuring an extent of Ac.5:dd cents in Sy. No.27-2, Ac.1.84 cents in Sy No.27-1, bearing Khata No.4i7 of Kuderu Village, Kuderu Mandal, Anantapur District, in a fixed time frame, pending disposal of above Writ Petition. revenue Counsel for the Petitioner: SRI P SRAVAN KUMAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order % APHC010222632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11692/2025 Between: Thuppati Eswaraiah ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.P SRAVAN KUMAR REDDY Counsel for the Respondent: 1.GPFOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11692/2Q2fi ORDER: The present writ petition is filed under Article 226 of the Constitution India seeking following relief; of “to issue an appropriate Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 in disposing of the AP-SEVA Application No:MUT240830047528 dt: 30.08.2024, seeking for mutation of revenue records and Issuance of pattadhar pass book, pertaining to the lands, admeasuring an extent of Ac.5.00 Cents in Sy.No.27-2, Ac. 1.84 Cents in Sy.No.27-1, bearing Khata No. 417, of Kuderu Village, Kuderu Mandal, Anantapur District illegal, arbitrary and violation of Article 21 of the Constitution and consequently direct the respondents dispose of the AP-SEVA Application No:MUT240830047528 dt:30.08.2024, seeking for mutation of revenue records and issuance of pattadhar pass book, pertaining to the lands, admeasuring an extent of Ac.S.OOCents In Sy.No.27-2, Ac.1.84 Cents in Sy.No.27-1, bearing Khata No.417, of Kuderu Village, Kuderu Mandal, Anantapur District, in a fixed time frame and to pass such other order or orders...” as 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3 Learned counsel for the petitioners submits that the father of the first 3. petitioner and husband of the second petitioner, i.e. Sri Kuraba Ramanjaneyulu is the absolute owner and possessor of lands to an extent of Ac.5.00 Cents in Sy.No.27-2, Ac.1.84Cents in Sy.No.27-1, bearing Khata No.417, of Kuderu village, Kuderu Mandal, Anantapur. Sri Kuraba Ramanjaneyulu got the right over the property through assignment and is in possession and enjoyment of the same since 1959 and his name was mutated in the revenue records and Pattadar passbook and possesson of the subject land and also passbook was issued. Whileso, his father Sri Kuraba Ramanjaneyulu also constructed a house and drilled two bores and cultivated paddy crop at subject lands. On 30.01.2022, the said Sri Kuraba Ramanjaneyulu died. The petitioner herein being the only legal heir of Sri Kuraba Ramanjaneyulu made an application vide AP-SEVA Application No:MUT240830047528 dated 30.08.2024, seeking for mutation of revenue records and issuance of Pattadhar Pass book by filing relevant documents. Inspite of the same, the 3^^ respondent did not consider the application for mutation in revenue records and issuance of pattadar pass book. Hence, the present writ petition. On the other hand, learned Government Pleader for Revenue submits 4. that in order to mutate the name of the petitioners in the revenue records in respect of the subject property, the petitioners herein has to make an appropriate application in Form-6A to respondent authorities through Mee- by paying requisite fee. In the absence of the not entitled to claim mutation of their same, the petitioner herein IS names in respect of the subject Pi^operty in the rsvenue records based on the representation submitted by a fresh application ^®eking for mutation of their names in the revenue records and to issue f^^ttadar pass book in Form-6A through Mee-seva/ AP ^®cretariats by following proper procedure in terms of G.O.Ms.No.209, dated ^4.06.2017 to the respondent authorities by paying requisite fee, the He further submits that if the petitioners submits Online/ Village '’^spondents would consider the same, within a reasonable time. Having regard to the submissions made by the learne petitioners and learned Government Pleader perusal of the material placed that the present writ petition ed counsel for the for the respondents and on record, this Court is of the considered view on can be disposed of, directing the petitioners to make an appropriate application in Form-6A strictly adhering to the provisions of the Andhra Pradesh Land in Pattadar Pass Books Act, 1971 and Rules framed therein from time to time for mutation of their names in the concerned and also in 14.06.2017 and on payment of requisite fee, the date of receipt of a copy of this application, the respondents are directed to consider after conducting a detailed enquiry and revenue records through MeeSeva/ AP Online/ Village Secretariat terms of G.O.Ms.No.209 dated within a period of three (03) months from order. On receipt of such the same and pass appropriate orders 5 after providing opportunity of hearing to all the parties concerned, within a period of three (03) months, thereafter. With the above directions, the writ petition is disposed of. No costs. 6. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER to, 1. The Revenue Department, Secretariat, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District.Rep by its Principal Secretary 2. The District Collector, Anantapuramu District 3. The Thasildar, Kuderu Mandal, Anantapuramu District 4. One CC to Sri P Sravan Kumar Reddy Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Three CD Copies GSC (gsg) 1 -A.. % HIGH COURT «' DATED:05/05/2025 ORDER WP.No.11692 of 2025 DISPOSING THE WP WITHOUT COSTS