IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE. FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11003 OF 2025 Between: Chittoory Vishwanadha Swamy, S/o. Late Chittoory Swami Aged about 63 years, Occ Agriculture, R/o D.No.27-4-3, Temple Street, Kakinada, East Godavari District, Andhra Pradesh-53300 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, West Godavari District at Bhimavaram. Andhra Pradesh. 3. The District Revenue Officer, West Godavari District at Bhimavaram. Andhra Pradesh. 4. The Revenue Divisional Officer, Bhimavaram Division, Bhimavaram, West Godavari District, Andhra Pradesh 5. The Tahsildar, Akividu Mandal, West Godavari District, Andhra pradesh 6. Pulavarti Lakshmana Swamy, S/o. Venkata Anja Naga Krishnananda Rao C/o. Swami Theatre, Danavaipeta, Rajamahendravaram, East Godavari District, Andhra Pradesh. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus challenging the actions of 3rd / 4th respondent in not considering and disposing the appeal dated 19.02.2025 against the orders dated 10.02.2025 (signed date) of 5th respondent in Roc No. DT/737/2024 in respect of the Survey R.Sy.No 4a7/1v414/10A-2, 417-1,417-4,421/1,2 and 422/2 in an extent of Ac.8.58 cetit|.of'Agriculture land in Akividu Village, Akividu Mandal, West Godavari Dis^rjct in violation to procedure particularly under the A.P Rights in Land and Pattadar Passbooks Act, 1971 is illegal, arbitrary, unjust and violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 3rdresponclent to mutate the name of the petitioner with respect to the subject properties, without referring to the pending suit O.S.42 of 2020 on the file of X Additional District and Sessions Judge, Rajamahendravaram 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 3'^'^ respondent to mutate the name of the petitioner with respect to the above mentioned property without referring to the pending suit OS. No.42 of 2020 on the file of X Additional District and Sessions Judge, Rajamahendravaram pending disposal of above writ petition Counsel for the Petitioner: SRI DASARI S VV S V PRASAD Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following: Order 0 APHC010212742025 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: 11003/2025 Between: 1.CHITTOORY SWAMY, CHITTOORYSWAMI AGED ABOUT 63 YEARS, OCC AGRICULTURE, R/0 D.N0.27-4-3,TEMPLE STREET, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH-53300 S/0. LATE VISHWANADHA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REVENUE DEPARTMENT, SECRETARIAT 2.THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM. ANDHRA PRADESH. 3.THE DISTRICT REVENUE OFFICER, WEST GODAVARI DISTRICT AT BHIMAVARAM. ANDHRA PRADESH. 4.THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM DIVISION BHIMAVARAM, WEST GODAVARI DISTRICT.ANDHRA PRADESH WEST GODAVARI 5.THE TAHSILDAR, AKIVIDU MANDAL, DISTRICT,ANDHRA PRADESH 6.PULAVARTI LAKSHMANA SWAMY, S/0. VENKATA ANJA NAGA C/0. SWAMI THEATRE, DANAVAIPETA, EAST GODAVARI DISTRICT,ANDHRA KRISHNANANDA RAO RAJ AMAH END RAVARAM PRADESH. ...RESPONDENT(S): 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 topleased lA NO: 1 OF 2025 Petition in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner: 1. DASARl S VV S V PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- under Section 151 CPC praying that in the circumstances stated 'to issue an appropriate Writ, Order or direction more in the nature of Writ of Mandamus the actions of 3rd / 4th respondent in not particularly one challenging considering and disposing the appeal dated 19.02.2025 against the orders dated 10.02.2025 (signed date) of 5th respondent in Roc No. DT/737/2024 in respect of the Survey R.Sy.No 407/1, 414/10A-2, 417-1,417-4,421/1,2 and 422/2 in an extent of Ac. 8.58 cents of Agriculture land in Akividu Village, Akividu Mandal, West Godavari District in violation to procedure particularly under the A.P Rights in Land and Pattadar Passbooks Act, 1971 is illegal, arbitrary, unjust and violation of Article 14, 19, 21 and 300-A of the of India and consequently direct the of the petitioner with Constitution 3rdrespondent to mutate the respect to the subject properties, without referring to the name pending suit O.S.42 of 2020 on the file of X Additional District and Sessions Judge, Rajamahendravaram and to pass. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. The learned counsel for the petitioner submits that the petitioner is the 3. absolute owner of agricultural land situated in Survey Nos. 407/1, 414/10A-2, 417/1, 417/4, 421/1, 421/2, and 422/2, totaling Ac. 8.58 cents, located in a specific village and Mandal, West Godavari District. This property was originally acquired by the petitioner’s father under a registered partition deed. Upon the death of the petitioner’s father, the petitioner became the rightful owner of the subject property by virtue of an unregistered will executed by his father and also being legal heir, which came into effect upon his death. Then petitioner duly submitted a mutation application to the 5*^ respondent herein to record his name in the revenue records. However, neither any action was taken on the application nor passed any other proceedings. Due to this inaction, the petitioner submitted a second mutation application through online. His request was subsequently rejected by the 5*^ respondent and referred a pending civil suit. The learned counsel for the petitioner submits that the subject land is not part of the suit schedule of the pending civil suit and that the objections raised by his brothers are baseless. Again, the petitioner submitted a detailed representation/appeal on 19.02.2025 challenging the endorsement of the 5th respondent vide Roc No. DT/737/2024 dated 10.01.202^. However, the respondents have not taken any action on the said appeal. Aggrieved by the same, the present writ petition is filed. The learned Assistant Government Pleader for the respondents 4. based on written instructions, submits that the petitioner does not possess any registered document evidencing the transfer or bequeathal of the subject property in his favour by his late father. It is further submitted that the petitioner is relying solely on an unregistered will, the validity and genuineness of which are in dispute and the disputes between family members only be adjudicated and to be resolved by competent civil court in the pending civil suits. Therefore, the mutation of the subject property in favour of the petitioner cannot be effected unless and until the will is proved and upheld in accordance with law. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and on perusal of the material placed on record and without going into the merits of the case, this Court is of the considered opinion the present Writ Petition can be disposed of by directing the S'"* and respondents to dispose of the appeal dated 19.02.2025 and pass appropriate orders with reference to the pending civil proceedings, as stated above and in accordance with law and after providing an opportunity of hearing to the petitioner and all the parties concerned within a period of four(04) months from the date of receipt of copy of this order. 5. . With the above directions, 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 //TRUE COPY// T^ection officer To, Revenue 1. The Principal Secretary, State of Andhra Pradesh, Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, West Godavari District at Bhimavaram, Andhra Pradesh. 3. The District Revenue Officer, West Godavari District at Bhimavaram, Andhra Pradesh. 4. The Revenue Divisional Officer, Bhimavaram Division, Bhimavaram, West Godavari District. Andhra Pradesh 5. The Tahsildar, Akividu Mandal, West Godavari District, Andhra Pradesh 6. One CC to SRI DASARI S VV S V PRASAD Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 8. Three CD Copies gsg HIGH COURT DATED: 05/05/2025 ORDER WP.No.11003 of 2025 ^ 2 3 JUN 2025 \€£££41£a^^ DISPOSING THE WP WITHOUT COSTS