APHC010107332022 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6365/2022 Between: 1. CHINNA MURTHY APPA RAO, S/O SRIRAMULU, AGED 56 YEARS, OCC FARMER, R/O CHINNAPALKALURU VILLAGE, GUNTUR RURAL, GUNTUR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, GUNTUR RURAL, GUNTUR DISTRICT 4. THE MANDAL REVENUE OFFICERS, GUNTUR MANDAL GUNTUR DISTRICT. 5. BOLEMERA SAMUEL, S/O ANAND RAO AGED ABOUT 42 YEARS, R/O THKAVARIPALEM VILLAGE, GUNTUR RURAL, GUNTUR DISTRICT 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 to issue Writ and Order or Direction more particularly one in the nature of Writ of M IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6365/2022 CHINNA MURTHY APPA RAO, S/O SRIRAMULU, AGED 56 YEARS, OCC FARMER, R/O CHINNAPALKALURU VILLAGE, GUNTUR RURAL, GUNTUR DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. THE REVENUE DIVISIONAL OFFICER, GUNTUR RURAL, GUNTUR THE MANDAL REVENUE OFFICERS, GUNTUR MANDAL GUNTUR OLEMERA SAMUEL, S/O ANAND RAO AGED ABOUT 42 YEARS, R/O THKAVARIPALEM VILLAGE, GUNTUR RURAL, GUNTUR ...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 to issue Writ and Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents, in IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE FOURTEENTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CHINNA MURTHY APPA RAO, S/O SRIRAMULU, AGED 56 YEARS, OCC FARMER, R/O CHINNAPALKALURU VILLAGE, GUNTUR ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. THE REVENUE DIVISIONAL OFFICER, GUNTUR RURAL, GUNTUR THE MANDAL REVENUE OFFICERS, GUNTUR MANDAL GUNTUR OLEMERA SAMUEL, S/O ANAND RAO AGED ABOUT 42 YEARS, R/O THKAVARIPALEM VILLAGE, GUNTUR RURAL, GUNTUR ...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 to issue Writ and Order or Direction more particularly one andamus to declare the action of the respondents, in 2 BKM,J W.P.No.6365 of 2022 not issuing the pattadar pass book to the petitioner with respect to the agricultural land an extent of Ac. 0.50 cents in Sy.No. 321/A, Chinnapalakaluru village, Guntur Mandal, Gunture District inspite of the decree passed in favour of the petitioner in O.S.No 297 of 2007 and also not considering the matter by the 4th respondent in spite of the orders passed by the 3rd respondent is highly illegal, arbitrary and violative of Articles 14,19,19(1) (G) and 21 of constitution of India and consequently direct the respondent to issue pattadar pass book to the petitioner with respect to the agriculture land an extent of Ac. 0.50 cents in Sy.No.321/A Chinnapalakalur village, Guntur Mandal, Gunture District and pass IA NO: 1 OF 2022 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 pleased to direct the respondents to issue a pattadar pass book in favour of the petitioner name with respect to the agricultural land an extent of Ac. 0.50 cents in Sy.No. 321/A, Chinnapalakalur village, Guntur Mandal, Gunture District pending disposal of the Writ Petition and pass IA 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 may be pleased to grant leave to Respondent No.4 to file counter in the above writ petition and pass Counsel for the Petitioner: 1. JYOTHI ESWAR GOGINENI Counsel for the Respondent(S): 1. NANDA KISHORE KONDURI 2. GP FOR REVENUE 3 BKM,J W.P.No.6365 of 2022 The Court made the following ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 and the learned counsel appearing for the 5th respondent. 2. This writ petition was filed questioning the action of the respondents in not issuing the pattadar pass book to the petitioner with respect to the agricultural land to an extent of Ac.0.50 cents in survey No.321/A of Chinnapalakaluru Village, Guntur Mandal, Guntur District, in spite of the decree passed in favour of the petitioner in O.S.No.297 of 2007 and also in not considering the matter by the 4th respondent in spite of the orders passed by the 3rd respondent. 3. The learned counsel for the petitioner submits that in spite of the orders of the 3rd respondent dated 06.11.2021, the 4th respondent has not taken up any further action under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 and Rules, 1989 with respect to the subject land to an extent of Ac.1.16 cents in survey No.321/A of Chinnapalakaluru Village, Guntur Mandal, Guntur District. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the counter of the 4th respondent, submits that the Tahsildar, Guntur West Mandal, vide proceedings dated 29.09.2022 informed that, on verification of the representations filed by the petitioner, it was noticed that the petitioner has requested to issue pattadar 4 BKM,J W.P.No.6365 of 2022 pass book for an extent of Ac.1.16 cents in survey No.321/A of Chinnapalakaluru Village of Guntur West Mandal. In the attached documents to the representations of the petitioner, it was noted as survey No.321/A and on verification, it is noticed that the survey No.321/A does not exist, as per the revenue records. But, the petitioner is asking to issue pattadar pass book and mutate his name to an extent of Ac.1.16 cents in survey No.321/A, which does not exist, as per the revenue records. The petitioner was informed to file representation with valid survey number and sub-division number along with the documentary evidence to prove his title over the land. As alleged by the petitioner, no appeal was filed by the petitioner vide appeal No.2675/2019-A before the Revenue Divisional Officer, Guntur, pertaining to the subject land. With respect to the subject land, some cases are pending as shown in the table below: W.P.No./O.S./A.S Petitioner/ Plaintiff Respondent/ Defendant Prayer Present Status of WP/OS W.P.47337 of 2018 before the Hon’ble High Court of AP Chinnamurthy Appa Rao Official Respondents and Un-official respondent Bolimera Samuel Questioning the action of the respondents in not issuing the pattadar pass book to the petitioner with respect to the agricultural land an extent of Ac.0.50 cents in Sy.No.321/A in spite of the Decree passed in favour of the petitioner Pending O.S.No.22/2019 before the Hon’ble III Additional District & Sessions Judge, Guntur Bolimera Samuel and other Chinnamurthy Appa Rao and other Pending 5 BKM,J W.P.No.6365 of 2022 5. In view of the pendency of the above said cases, the 4th respondent has not issued any pattadar pass book, as prayed by the petitioner. 6. In view of the above said facts and circumstances, as the petitioner’s survey number is not matching according to the 4th respondent, the petitioner is permitted to make a fresh representation to the 4th respondent, enclosing all the necessary documents in support of the above said relief within a period of four (4) weeks from the date of receipt of this order. On receipt of the same, the 4th respondent shall consider and dispose of the said representation of the petitioner strictly in accordance with law by hearing all the parties concerned including the petitioner and the 5th respondent, giving due opportunity and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. 7. Accordingly, the writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 14.10.2025 MDP