Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 50063 (AP)

Nagamma, v. State of Andhra Pradesh,

WP/11646/2025 · 2025-05-04

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

,\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA / WRIT PETITION NO: 11646 OF 2025 Between: Nagamma, W/o. Veeralingappe, Aged about 74 years, R/o. D. No. 6-74, Halukuru Village, Anantapur District. ...PETITIONER AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Sri Satya District. 3. The Sub-Collector/RDO, Pehukonda, Sri Satya Sai District. 4. The Mandal Tahasildar, Amaraf5dram Mandal, Sri Satya Sai 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 be pleased to issue an appropriate writ or any other order or direction particularly one in the nature of writ Of mandamus declaring the action of the 4*^ respondent in not considering the representation of Grievance No. SSTS202502134204 on 13/02/2025 under Form 6A submitted by the petitioner for issuance of the pattadhar passbook and title deeds in respect of the land being extent of Ac. 0.16 cents in Sy. No. 742 situated at Amarapuram Revenue Village, Amfempuram Mandal, Sri Satya Sai district as illegal, arbitrary and contrary to the provisions of the A.P. Rights in Land for issuance of Pattadar passbook and Title deeds Act and rules made there under, 1971 and also violative of‘ Articles 14, 21 and 300-A of the may Constitution of India and consequently direct the respondents to mutate the name in favor of the petitioner in respect of the subject land. 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 4*^ respondent to consider the representation vide Grievance No. SSTS202502134204 dt. 13/02/2025 under Form 6A submitted by the petitioner for issuance of the pattadhar passbook and title deeds in respect of the land being extent of Ac. 0.16 cents in Sy. No. 742 situated at Halukuru Revenue Village, Amarapuram Mandal, Sri Satya Sai district, pending disposal of the writ petition. Counsel for the Petitioner: SRI P. NARASIMHULU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010213032025 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: 11646/2025 Between: ...PETITIONER Nagamma AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.P NARASIMHULU Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: 2 the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO- 1i64fi/9n9i; ORD^: The present writ India seeking following relief: petition is filed under Article 226 of the Constitution of ‘to issue an appropriate Writ or Order or Direction particularly one In the nature of Writ of Mandamus action ofthe 4^^ more declaring the representation on 13.02.2025 under respondent in not considering the of Grievance No.SSTS202502134204 Form 6A submitted by the petitioner for /, passbook and title deeds ir issuance of the pattadhar >n respect of the land being extent of 0.16 cents in Sy.N0.742 situated at Amarapuram Revenue Village. Amarapuram Mandat. Sri Satya Sai District as I,legal amranr and contranv to the provisions ofthe A.R Rights m Land for issuance of Pattadar passbook and Title deeds Act and rules made there unde,r 1971 and also 300-A of the Constitution violative of Articles 14, 21 and of India and consequently direct the name in favor of the petitioner in and to pass such other respondents to mutate the respect of the subject land orders...” order or 2. Heard learned Pleader for Revenue for the counsel for the petitioner respondents. and learned Government 3. Learned counsel for the petitioner submits that the absolute an extent of Ac. 2.96 of possessor and owner agricultural lands being at Amarapuram Revenue The petitioner ancestors. Infact, the petitioner father cents in Village, Amarapuram Mandal, acquired subject property through Sy.No.742 situated Sri Satya Sai District. her purchased the land being an extent of 3 ' Ac. 1.48 cents from his brother (one of the co sharer) through registered document and he himself executed a gift deed vide Doc. No. 16/1987, dated 02.01.1987 in favor of the petitioner and remaining an extent of i.e., Ac. 1.48 cents acquired through her husband i.e., Veera Linagappa, as such she is holding an extent of Ac. 2.96 cents in Sy.No.742. Learned counsel for the petitioner further submits that the petitioner sold an extent of Ac. 2.80 cents out of of Ac.2.96 in favour of the third parties through registered documents and as of now she is having only Ac.0.16 cents in subject Sy.No.742, the petitioner made representations under Form 6A vide Grievance No.SSTS202502134204 on 13.02.2025 to the Tahsildar for issuance of pattadar passbooks and title deeds in respect of the subject land. The petitioner submitted that all relevant documents regarding the title over subject property were submitted and requested the authorities to mutate her name in the revenue records and for issuance of pattadar passbook and title deed in her favour. The 4*^ respondent received the same and orally informed that they will consider the application as expeditiously as possible. Thereafter, the petitioner approached before the 4*^ respondent many times with a request to conclude the enquiry pursuant to the representation for issuance of pattadar passbooks and title deeds in respect of the subject lands. But the 4*^ respondent did not consider the application, for one reason or the other. 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 petitioner in the revenue records in respect of the subject property, the petitioner herein has to make an appropriate application in Form-6A to respondent authorities through Mee- seva by paying requisite fee. In the absence of the same, the petitioner herein name in respect of the subject property on the representation submitted by her. He a fresh application seeking for is not entitled to claim mutation of her in the revenue records based further submits that if the petitioner submits mutation of her name in the revenue records and to issue pattadar pass book in Form-6A through Mee-seva/ AP Online/ Village Secretariats proper procedure in terms of G.O.Ms.No.209, dated by following 14.06.2017 to the respondent authorities by paying requisite fee, the respondents would consider the same, within a reasonable time. 5. Having regard to the submissions made by the learned petitioner and learned Government Pleader for the counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner 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 her name in the concerned revenue records through MeeSeva/ AP Online/ Village Secretariat and also in terms of G.O.Ms.No.209 dated 14.06.2017 and within a period of three (03) months from the date of order. On receipt of such application, the respondents the same and pass appropriate orders, after conducting a detailed enquiry and on payment of requisite fee, receipt of a copy of this are directed to consider 5 ' after providing opportunity of hearing to all the parties concerned, within a period of three (03) months, thereafter. 6. With the above directions, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Sri Satya District. 3. The Sub-Collector/RDO, Penukonda, Sri Satya Sai District. 4. The Mandal Tahasildar, Amarapuram Mandal, Sri Satya Sai district. 5. One CC to,Sri, P. Narasimhulu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] ssb HIGH COURT DATED:05/05/2025 ORDER Sfandh®!^ WP.No.11646 of 2025 -e C5m Current Section ^V/ £6spatc2^' DISPOSING OF THE W.P. WITHOUT COSTS