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2025 DAILYLAW 51822 (AP)

VEJJU SARVESWARA RAO v. THE STATE OF AP

WP/34259/2025 · 2025-12-08

D Ramesh

body2025

Judgment text

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APHC010662932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34259/2025 Between: 1. VEJJU SARVESWARA RAO, S/O. SATYANARAYANA, MALE, AGED 37 YRS, R/O. D.NO.4-61, PATHURU, BHIMADOLE MANDAL, SURAPPAGUDEM - 534425, W.G.DT., ...PETITIONER AND 1. THE STATE OF AP, REP BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, COLLECTRATE OFFICE, WEST GODAVARI DISTRICT. EIURU - 534006. 3. THE TAHSILDAR, BHIMADOLE MANDAL, WEST GODAVARI DISTRICT. ANDHRA PRADESH-534425 ...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 to issue a Writ of Mandamus or any other appropriate writ, order, or direction. declaring the inaction of the respondents in not mutating the petitioner's name in the revenue records and not issuing pattadar passbooks pursuant to the petitioners online Application No.MUT250703082455, dated 03-07-2025 and the Partition Deed No. 4755/2025 dated 16-05-2025 as illegal, arbitrary, and violative of Articles 14 and 300-A of the Constitution of 2 India, and Consequently to direct the respondents to forthwith effect mutation of the petitioners name and issue pattadar passbooks, and to 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 to direct the respondents to forthwith effect mutation of the petitioners name and issue pattadar passbooks, and pass Counsel for the Petitioner: 1. SRINIVAS MANCHANAPALLI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the inaction of the respondents in not mutating the petitioner’s name in the revenue records and not issuing pattadar passbooks pursuant to the petitioner’s online Application No.MUT250703082455, dated 03.07.2025 and the Partition Deed No.4755/2025 dated 16.05.2025 as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and Consequently to direct the respondents to forthwith effect mutation of the petitioner’s name and issue pattadar passbooks and pass…” (in verbatim) 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The learned counsel for the petitioner submits that the petitioner made a representation/application dated 03.07.2025 to the respondent authorities under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, seeking mutation of his name in the revenue records and for issuance of pattadar passbooks in favour of the petitioner in respect of the subject land admeasuring an extent of Ac.1.19 cents situated in R.S.Nos.658/1, 651/5 in Kamavarapukoa and Surappagudem Villages. It is contended that, despite receipt of the said representation, the respondent 4 authorities have neither considered the petitioner’s request nor issued any orders/proceedings till date. Hence, the present Writ Petition is filed. 4. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that if the petitioner submits a fresh representation in Form-6A, the respondent authorities will consider the same and pass appropriate orders in accordance with the law. 5. 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 mutation of his name in the revenue records and for issuance of pattadar passbooks in respect of the subject property, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such representation/application in Form No. 6A, the respondent authorities shall consider the same and, after issuing notice to the petitioners, other legal heirs, if any, and all other stakeholders, including persons claiming rights by way of tenancy, encroachment, or occupation, shall conduct a detailed enquiry. Thereafter, the respondents shall pass appropriate orders, strictly in accordance with law, within a period of three (03) months. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. 5 Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 09.12.2025 SNI 6 221 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 34259 OF 2025 Dt.09.12.2025 SNI