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2025 DAILYLAW 47677 (AP)

CHALLA GOPAL v. THE STATE OF AP

WP/11973/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11973 OF 2025 Between: 1. Challa Gopal, S/o Late Chalia Obulappa, Aged about 75 years, R/o., 1- 69, Malyavantham Ananthapur, Ananthapur District, A.P. 2. Challa Lakshmi Narayana, S/o Late Challa Obulappa, Aged about 48 years, R/o., 1-69, Malyavantham Ananthapur, Ananthapur District, A.P. ...Petitioners AND 1. The State of Andhra Pradesh, represented by its Principal Secretary Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Sri Satya Sai District District, Puttaparthi 3. The Joint Collector, Sri Satya Sai District at O/o District Collector, Puttaparthi 4. .The Revenue Divisional Officer, Dharmavaram Revenue Division, Sri Satya Sai District, A.P. 5. The Tahsildar, Bathalapalli Mandal, Sri Satya Sai District, A.P. ...Respondents Petition under Article 226 of the Constitution of India praying that in the drcumstances 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 that the inaction of the respondents, more particularly 5th Respondent in considering the petitioners representation dated. 08.04.2025 for the issuance of Pattadhar passbook/s and Title deed/s for the property admeasuring an extent of Ac. 3.01 cents in Sy.No.210-1 and an extent of Ac.213-3B/1 in favour of the 1st Petitioner herein and an extent of Ac.7.70 cents in Sy. No.155-3 and an extent of Ac. 3.00 cents in Sy.No.210-1 and an extent of Ac.3.28 Cents in S.No.229-3 of Malyavantham Revenue Village accounts, Bathalapalli Mandal, Sri Satya Sai District, A.P in favour of the 2nd Petitioner herein as illegal, arbitrary, unconstitutional and besides being violative of articles 14, 21 and 300(A) of the Constitution of India and consequently to direct the Respondent No. 5 to mutate the name of the Petitioners herein by considering the Petitioners representation dated.08.04.2025 for issuance of Pattadhar passbook and Title deed with regard to the subject properties admeasuring an extent of Ac. 3.01 cents in Sy.No.210-1 and an extent of Ac.213-3B/1 in favour of the 1st Petitioner herein and an extent of Ac.7.70 cents in Sy. No.155-3 and an extent of Ac. 3.00 cents in Sy.No.210-1 and an extent of Ac.3.28 Cents in S.No.229-3 of Malyavantham Revenue Village accounts, Bathalapalli Mandal, Sri Satya Sai District, A.P in favour of the 2nd Petitioner. 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 5th Respondent herein to consider the Petitioners representation dated.08.04.2025 for issuance of Pattadhar passbook/s and Title deed/s for the property admeasuring an extent of Ac. 3.01 cents in Sy.No.210-1 and an extent of AC.213-3B/1 in favour of the Petitioner herein and an extent of Ac.7.70 cents in Sy. No. 155-3 and an extent of Ac. 3.00 cents in Sy.No.210-1 and an extent of Ac.3.28 Cents in S.No.229-3 of Malyavantham Revenue Village accounts, Bathalapalli Mandal, Sri Satya Sai District, A.P in favour of the 2nd Petitioner herein, pending disposal of the above writ petition. Counsel for the Petitioners: SRI. K KOUTILYA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010226202025 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: 11973/2025 Between: Challa Gopal and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner{S): 1.KKOUTILYA ...RESPONDENT(S) 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 1. of the India seeking the following reliefs:- “to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring that the inaction of the respondents, more particularly 5th Respondent in considering the petitioners representation dated, passbook/s and Title deed/s for the property admeasuring an extent of Ac. 3.01 cents in Sy.No.210-1 and an extent of AC.213-3B/1 in favour of the 1st Petitioner herein and an extent of Ac.7.70 cents in Sy. No.155-3 and an extent of Ac. 3.00 cents in Sy.No.210-1 and an extent of Ac.3.28 Cents in S.No.229-3 of Malyavantham Revenue Village accounts, Bathalapalli Mandal, Sri Satya Sai District, A.P in 08.04.2025 for the issuance of Pattadhar 2 & favour of the 2nd Petitioner herein as illegal arbitrary, unconstitutional and besides being violative of abides 14 21 and 300(A) of the Constitution of India and consequenuy to direct the Respondent No. 5 to mutate the name of the by considering the Petitioners representation died.08.04.2025 for issuance of Pattadhar passbook and Title deed with regard to the subject properties admeasuring an extent of Ac. 3 01 cents in Sy.No.210-1 and an extent of Ac.213-3B/1 in favour of the 1st Petitioner herein and an extent of Ac.7.70 c^nts Sy. No 155-3 and an extent of Ac. 3.00 cents in Sy.No^210-1 and an extent of Ac.3.28 Cents in S.No.229-3 of Malyavantham Revenue Village accounts, Bathalapalli Mandal, Sri Satya Sai District, A.P in favour of the 2nd Petitioner herein and pass such other order. herein Petitioners counsel for the petitioners and the learned 2. Heard the learned Government Pleader for Revenue appearing for the respondents. learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the subject property, admeasuring to an extent of Ac.3.01 cents in Sy.No.210-1, Ac.7.70 cents in Sy.No.155-3, Ac.3.00 cents in Sy.No.210-1, and Ac.3.28 cents in Sy.No.229-3, situated at Malyavantham Revenue Village, Bathalapalli Mandal, Sri Satya Sai District, having acquired the said property from their ancestors by way of a partition deed. After succeeding to the subject property, the petitioners have been in continuous possession and enjoyment the subject properties. The petitioners submitted a Form-6A application dated 08.04.2025 to respondent No.5, requesting for mutation of their names in respect of the subject property and of Pattadar Passbooks and Title Deeds. However, despite the receipt of the petitioners’ application dated 08.04.2025, the respondent 3. The for issuance 3 authorities neither considered the Hence, the present Writ Petition. representation nor issued any proceedings.' 4. The learned Assistant Government Pleader for Revenue, appearing for will consider the Form- the respondents, submits that the respondent authority 6A application dated 08.04.2025 submitted by the petitioners and pass appropriate orders in accordance with law, within a reasonable time. 5. Having regard to the submissions made by the petitioner and the learned Government Pleader for Revenue respondents, and upon perusal of the material placed of the considered opinion that the directing the respondent authorities to consider the learned counsel for the appearing for the on record, this Court is present Writ Petition can be disposed of by Form-6A application dated mutation of their names 08.04.2025, submitted by the petitioners seeking for and for issuance of Pattadar Passbooks and Title Deeds in respect of the subject property, which was acquired through a partition deed their favour and pass appropriate orders in accordance with the provisions of executed in the Andhra Pradesh Record of Rights in Land and Pattadar Passbooks Act. 1971, after providing an opportunity of hearing to the petitioners and other stakeholders or legal heirs, if any, within a period of three (03) months from the date of receipt of a copy of this order. 4 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K. SRINIVASA RAJU assistant registrar OFFICER //TRUE COPY// SECTh To, 1. The Principal Secretary Revenue Department, State of AP Velagapudi, Amaravati, Guntur District. 2. The District Collector, Sri Satya Sai District District , Secretariat, Puttaparthi 3. The Joint Collector, Sri Satya Sai District at O/o District Collector, Puttaparthi 4. The Revenue Divisional Officer, Dharmavaram Revenue Division Satya Sai District, A.P. 5. The Tahsildar, Bathalapalli Mandal, Sri Satya Sai District 6. One CC to Sri. K Koutilya Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra 8. Three CD Copies GSC Sri A.P. Pradesh. [OUT] y f HIGH COURT DATED:06/05/2025 ORDER WP.No.11973 of 2025 s DISPOSING THE WP WITHOUT COSTS