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2025 DAILYLAW 49787 (AP)

KETINENI SUBBAMMA v. THE STATE OF ANDHRA PRADESH

WP/12021/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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■X - 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: 12021 OF 2025 Between: Ketineni Subbamma, W/o. Singarayya, Aged about 60yrs, Rajupalem Village, Badvel Mandal, YSR District. ...Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, YSR District. The Revenue Divisional officer, Badvel, YSR District. The Mandal Tahsildhar, Badvel Mandal, YSR District. 2. 3. 4. ...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, order or direction more particularly one in the nature of mandamus declaring the action of the 4th respondent in not considering the representation dt. 16.12.2024 made by the petitioner for correction of entries in the revenue records in respect of the land being an extent of Ac. 1.50 cents each in Sy. No. 475-A3 and 475/A4 respectively (Total Admiseiy an extent of Ac. 3.00 cents) situated at Rajupalem village. may r Badvel Mandal, YSR Kadapa district, is as illegal, arbitrary and violative of article 4, 21 and 300A of Constitution of India and contrary to the procedure prescribed under the provisions of AP rights in land for issuance of pattadar passbooks and title deeds act, 1971 and rules made their under and consequently direct the 4th respondent consider the above said representation. 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 4th respondent to consider the representation dt. 16.12.2024 made by the petitioner for correction of entries in the revenue records in respect of the land being an extent of Ac. 1.50 cents each in Sy. No. 475-A3 and 475/A4 respectively (Total Admisery an extent of Ac. 3.00 cents) situated at Rajupalem village, Badvel Mandal, YSR Kadapa district, pending disposal of the writ petition. Counsel for the Petitioner: SRI. P NARASIMHULU Counsel for the Respondents; GP FOR REVENUE The Court made the following order: APHC010228542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] V. 0? TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12021/2025 Between: ...PETITIONER Ketineni Subbamma AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.PNARASIMHULU Counsel for the Respondent: 1. The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; 1. "to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 4th respondent in not considering the representation dt. 16.12.2024 made by the petitioner for correction of entries in the revenue records in respect of the land being an extent of Ac. 1.50 cents each in Sy. No. 475-A3 and 475/A4 respectively (Total Admeasuring an extent of Ac. 3.00 cents) situated at Rajupalem village, Badvel Mandal, YSR Kadapa district, is as illegal, arbitrary and violative of article 14,21 and T 300A of Constitution of India and contrary to the procedure prescribed under the provisions of AP rights in land for issuance of pattadar passbooks and title deeds act, 1971 and rules made their under and consequently direct the 4th respondent consider the above said representation and pass such other order and to pass such other order or orders... ” 1 The case of the petitioner is that the petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Ac. 1.50 cents each in Sy. No. 475-A3 and 475/A4 respectively, totaling to an extent of Ac. 3.00 cents, situated at Rajupalem Village, Badvel Mandal, YSR Kadapa District having acquired the subject property through ancestral succession and the petitioner was issued pattadar passbooks and title deeds in respect of the said property. 2. 3. The learned counsel for the petitioner submits that neither the petitioner nor the petitioner's ancestors have ever alienated or sold the subject property to any third parties. However, without issuing any notice to the petitioner, the 4th respondent is trying to mutate the names of third parties in the revenue records in respect of the subject land. This action is contrary to the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, and the rules framed thereunder. For which, the petitioner submitted a representation to the respondent authorities on 16.12.2024, requesting for rectification of the entries in the revenue records in respect of the subject land. Even after receipt of the representation, ihe respondent authorities neither considered the representation of the petitioner 16.12.2024 nor issued any other proceedings. Hence, the present writ petition. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that if the petitioner submits a Form-6A application/representation for rectification of the entries in the revenue records in respect of the subject land, the respondents will consider the same and pass appropriate orders in accordance with the 4. law. Heard the learned counsel for the petitioner and the learned 5. Government Pleader appearing for the respondents. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the petitioner to submit an application in Form No.6A seeking for rectification of the entries in the revenue records in respect of the subject land, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of the said representation/application, the respondent No.4 shall consider the same and, after issuing notice to the other legal heirs of the petitioner in respect of the subject property and other stakeholders, if any, including those claiming rights by way of tenancy, encroachment, or occupation, and after having detailed enquiry. Thereafter, the respondent No.4 shall pass appropriate Pradesh Rights in Land and Pattadar a period of three (03) orders under provisions of the Andhra 1971 within Passbooks Act, with the law. months, In accordance With the above direction be no order as to costs. the writ petition i's disposed of. There shall Consequently. Miscellaneous petition shall stand closed. Petitions, if any, pending in the writ so/- N.i\'AGAIViMA ASSISTANT REGISTRAR SECTt^fopn^R //TRUE COPY// To, 2- The District Collector YSR District. 3. The Revenue Divisional 4. The Mandal Tahsildha 5. One CC to Sri. 6. Two CCs to GP for 7. Three CD Copies officer, Badvel, YSR District r. Badvel Mandal, YSR District. P Narasimhulu Advocate fOPUCJ Revenue, High Court Of Andhra Pradesh. [OUT] GSC PS/*!' HIGH COURT DATED:06/05/2025 ORDER WP.No.12021 of 2025 DISPOSING THE WP WITHOUT COSTS