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2025 DAILYLAW 51111 (AP)

KUNCHALA VENKATA PRASANNA v. The State of Andhra Pradesh

WP/29923/2025 · 2025-11-30

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010574312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29923/2025 Between: 1. KUNCHALA VENKATA PRASANNA, S/O. NAGAIAH AGED ABOUT 36 YEARS, OCC. CULTIVATION, R/O. DOOR NO. 9-110, ISAPPALEM POST, MULAKALURU VILLAGE, NARASARAOPET MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT, AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET, PALNADU DISTRICT. 4. THE TAHSILDAR, NARASARAOPET MANDAL, PALNADU DISTRICT. 5. KUNCHALA VENKATESWARLU, S/O. SUBBA RAO, AGED ABOUT YEARS, OCC. CULTIVATION, R/O. ISAPPALEM VILLAGE, NARASARAOPET MANDAL, PALNADU 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 of Mandamus or any other appropriate Writ DR,J W.P No.29923 of 2025 2 Order or orders, Direction or Direction more particularly one in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring action of the 4th respondent in not issuing duplicate patta in respect of house plot No.22 in survey No. 536 an extent of Ac.0.05 cents of Isappalem Village, Narasaraopet Mandal, Palnadu District, though petitioner made representation dated 03.03.2025 as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to conduct enquiry and take action against the 5th respondent for occupying the house plot No.22 in survey No. 536 an extent of Ac.0.05 cents of Isappalem Village, Narasaraopet Mandal, Palnadu District by creating fake patta in his favour 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 2 to 4 to conduct enquiry and take action agamst the 5th respondent for occupying the house plot 0.22 in survey No. 536 an extent of Ac.0.05 cents of Isappalem Viiiage, Narasaraopet Mandal, Palnadu District by creating fake patta in his favour and pass Counsel for the Petitioner: 1. RAMESH BABU NELATURI Counsel for the Respondent(S): 1. GP FOR REVENUE DR,J W.P No.29923 of 2025 3 The Court made the following Order: The writ petition is filed to declare the action of the respondent No.4 in not issuing duplicate patta in respect of house plot No.22 in Survey No.536 admeasuring Ac.0.05 cents situated in Isappalem Village, Narasaraopet Mandal, Palnadu District as illegal, arbitrary, etc., and for consequential directions. 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader representing the official respondent Nos.1 to 4. 3. The contention of the learned counsel for the petitioner is that despite making repeated representations i.e., on 30.01.2025 and 03.03.2025 requesting for issuance of a duplicate patta on the ground that the original D- Form patta dated 03.12.1978 relating to the subject matter land was lost, the respondents having received the same failed to pass orders on the said representations. It is his further contention that the respondents without issuing any notice to the petitioner and without following the procedure as contemplated under law are making attempts to issue patta in favor of the respondent No.5. 4. On the other hand, the learned Assistant Government Pleader, on instructions received from the respondent No.4 dated 28.10.2025, submits that originally the subject land was assigned to one Guvvala Jalaiah S/o. Subbaiah vide RC No.988/78-J dated 01.05.1978, DK No.41/VS/1387. Subsequently, the said assignment was cancelled on 15.03.1999 and the land was re-assigned to the unofficial respondent No.5 i.e., Kunchala Venkateswarlu S/o. Subbarao vide RC.No.174/99-A dated 15.03.1999 by the then Tahsildar, Narasaraopet. 5. Under the said circumstances, the petitioner has no subsisting right over the subject land and the question of issuing a duplicate patta in her favor DR,J W.P No.29923 of 2025 4 does not arise. If the petitioner is aggrieved, it is open to her to approach the competent Civil Court to establish her rights, if any. 6. Accordingly, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D RAMESH Date:01.12.2025 Ksj