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2025 DAILYLAW 50874 (AP)

YAGALA LAKSHMI NARAYANA v. THE STATE OF ANDHRA PRADESH

WP/13158/2025 · 2025-12-03

D Ramesh

body2025

Judgment text

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APHC010257272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 13158/2025 Between: 1. YAGALA LAKSHMI NARAYANA, S/O. PENCHALAIAH, AGED ABOUT 49 YEARS, R/O.H.NO.1/84, MARAMMA DEVALAM STREET, VONTIMITTA, YSR KADAPA DISTRICT. ...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, KADAPA, YSR KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, VONTIMITTA, YSR KADAPA DISTRICT. 4. THE TAHSILDAR, VONTIMITTA MANDAL, YSR KADAPA DISTRICT ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in rejecting my application vide No. KDP202502181158, dated 18.02.2025 seeking for mutation and issuance of Pattadhar Passbooks, title deeds vide endorsement in Ref.No.C/05/2025, dated 08.04.2025 for agricultural land situated in Sy.No.2115/5 measuring an extent of Ac. 1.78 Cents of Vontimitta Village, Vontimitta Mandal, YSR Kadapa District., -2- W.P. No.13158 OF 2025 Date of order:04.12.2025 without following the procedure contemplated under Section 5(3) of the amended Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Rules 6 to 9 there under as illegal, arbitrary, unjust and violative of Fundamental Rights guaranteed under Article 21 and 300-A of the Constitution of India and consequently direct the 4th Respondent to mutate the name of the Petitioner in all relevant revenue records by issuing Pattadhar Passbook, title deed to aforementioned land 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 pleased to direct the 4*^^ Respondent to mutate the name of the Petitioner in all relevant revenue records by issuing Pattadhar Passbook, title deed to Sy.No.2115/5 measuring an extent of Ac. 1.78 Cents of Vontimitta Village, Vontimitta Mandal, YSR Kadapa District., terms of amended Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules there under and pass Counsel for the Petitioner: 1. S DILIP JAYA RAM Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P. No.13158 OF 2025 Date of order:04.12.2025 THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION No:13158 OF 2025 1. This Writ Petition is filed aggrieved by the endorsement, dt.08.04.2025, passed by the 4th respondent. 2. The learned counsel for the petitioner has submitted that the petitioner has submitted an application seeking mutation of his name in the revenue records based on a Will. The said request was rejected without following the procedure contemplated under the relevant provisions of the Act. 3. The learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the impugned orders clearly indicate that the petitioner has an effective statutory remedy under Section 5(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 [for short, ‘the Act, 1971’]. It is further submitted that the competent authority had already considered the application of the petitioner under Section 5(1) of the Act, 1971 and passed orders under Sections 5(2) and 5(3) of the Act, 1971. Therefore, as against such an order, the petitioner has a remedy by way of an appeal before the Revenue Divisional Officer. 4. Considering the submissions advanced on either side, since an effective statutory remedy is available to the petitioner, this Court is not inclined to entertain the Writ Petition. The petitioner is directed to -4- W.P. No.13158 OF 2025 Date of order:04.12.2025 approach the competent authority i.e., the 3rd respondent herein, within a period of two weeks from the date of receipt of this order. If such an appeal is filed, the authority shall consider and dispose of the same in accordance with law, by following due process of law, as expeditiously as possible. 5. Accordingly, the Writ Petition is closed. No costs. 6. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. __________________ JUSTICE D.RAMESH BV