APHC010055892020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3383/2020 Between: 1. MEDAPATI RAMACHANDRA REDDY,, S/O VENKATA REDDY, AGED 29 YEARS, R/O.D.NO.10-131, MAHENDRAVADA VILLAGE, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI DISTRICT. 4. THE THAHSILDAR, SAMARLAKOTA, SAMARLAKOTA MANDAL, EAST GODAVARI DISTRICT. 5. PALAKURTHY MANASA, D/O.SATTIBABU, AGED 29 YEARS, R/O.D.NO.12-34, G.MEDAPADU VILLAGE, SAMARLAKOTA MANDAL, EAST GODAVARI 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 toto issue a Writ of Mandamus, or other appropriate writ, order or 2 HBKM,J W.P.No.3383 of 2020 direction, declaring action of the action of the 4th respondent herein in not mutating the name of the petitioner in the revenue records and not issued pattadar passbooks and title deeds in respect of the land admeasuring Ac.2- 34 cents in Sy.No.111/3 situated at G.Medapadu Village, Samarlakot Mandal, East Godavari District as illegal, arbitrary, arbitrary, unreasonable and violative of Articles 14, 21 and 300-A of Constitution of India and contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 IA NO: 1 OF 2020 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 2 to 4 herein forthwith to consider and pass appropriate orders on the representation dt.23-01-2020 submitted by the petitioner herein, pending disposal of the writ petition IA NO: 2 OF 2020 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 3 and 4 herein forthwith to mutate the name of the petitioner in the revenue records and to issue pattadar passbooks and title deeds in his favour in respect of the land admeasuring Ac.2-34 cents in Sy.No.111/3 situated at G.Medapadu Village, Samarlakot Mandal, East Godavari District, pending disposal of the writ petition Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 HBKM,J W.P.No.3383 of 2020 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. The notice sent to the 5th respondent was returned with an endorsement “not claimed”. 2. This writ petition was filed questioning the action of the 4th respondent herein in not mutating the name of the petitioner in the revenue records and not issuing the pattadar passbooks and title deeds in respect of the land admeasuring Ac.2-34 cents in Sy.No.111/3 situated at G. Medapadu Village, Samarlakot Mandal, East Godavari District. 3. The learned counsel for the petitioner submits that the petitioner purchased the subject property in an auction conducted by the Court and accordingly, sought for mutation of his name in the revenue records for the subject land. But the 4th respondent was not acted upon the same. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that there were three transactions over the land in an extent of Ac.2.43 cents in Sy.No.111/3 of G. Medapadu Village, Samarlakot Mandal, one transaction is based upon the Registered Sale Deed No.4950 of 2013 dated 20.04.2013, the 2nd transaction was on the Registered Gift Deed No.3436 of 2014 dated 27.10.2014 and the 3rd transaction was by way of auction in E.P.No.90 of 2017 in O.S.No.173 of 4 HBKM,J W.P.No.3383 of 2020 2013 on the file of Principal Senior Civil Judge Court, Kakinada, East Godavari District. 5. The petitioner purchased the disputed land, since the objections have been received against the writ petitioner, the writ petitioner was not considered for issuance of pattadar passbook with respect to the subject land. 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is to be seen that the 4th respondent cannot escape from deciding the issue even there were three transactions on the subject land by holding necessary enquiry, hearing all the parties concerned, then only, the feasibility of request made by the petitioner shall be considered as per the provisions of ROR Act. Merely because some objection has come, the subject issue cannot be withheld without giving any logical conclusion by following the due procedure. Hence to follow the due procedure, the petitioner is permitted to make necessary application, enclosing all the documents to the 4th respondent in support of his claim, following the due procedure within a period of four (04) weeks from the date of receipt of this order. On receipt of such application from the petitioner, the 4th respondent shall consider and dispose of the same, strictly in accordance with law by hearing all the parties concerned, giving due opportunity, including the petitioner, the 5th respondent and the parties to the above said three transactions and other parties if any concerned, upon verification of the records and the subject land, appropriate decision shall be taken on its own 5 HBKM,J W.P.No.3383 of 2020 merits as expeditiously as possible preferably within a period of three (03) months thereafter. 7. Accordingly, this 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 01.12.2025 PGT