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2025 DAILYLAW 54267 (AP)

PANCHIREDDY LINGAMURTHY v. The State of Andhra Pradesh

WP/30566/2025 · 2025-11-05

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 DR,J W.P.No.30566/2025 APHC010588212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30566/2025 Between: 1. PANCHIREDDY LINGAMURTHY, S/O LATE BYRAGI, AGED. 90 YEARS, OCC. CULTIVATION, R/O NAGRIRIKATAKAM VILLAGE, JALUMURU MANDAL, SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, COLLECTORATE OFFICE, SRIKAKULAM DISTRICT. 3. JOINT COLLECTOR, COLLECTORATE OFFICE, SRIKAKULAM DISTRICT. 4. REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT. 5. TAHSILDAR, SARAVAKOTA MANDAL, SRIKAKULAM DISTRICT. 6. DEPUTY TAHSILDAR RESURVEY, SARAVAKOTA MANDAL, SRIKAKULAM 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 2 DR,J W.P.No.30566/2025 pleased to issue a writ order or direction more particularly one in the nature a WRIT OF MANDAMUS declaring the action of the Respondents 4 to 6 thereby changed classification of the Petitioners Zeroiti Land admeasuring Ac. 1.50 cents in Survey No.13-p situated in Kuridingi Village of Saravakota Mandal in Srikakulam District from Zeroiti (Patta) Land to Poramboke (Government Land) in New Pattadar Passbook and Title Deed issued to the petitioner after conducting Re-Survey in Kuridingi village for all agricultural lands including petitioners said lands, under YSR JAGANANNA SHASWATA BHU HAKKU MARIYU BHU RAKSHA PATHAKAM (Y.S.R Jagannana Permanent Land Rights and Land Security Scheme) without issuing any notice and inviting objections from the petitioner and consequential inaction of the 5th respondent on petitioners representation dt.19.12.2024 submitted to rectify the wrong entry with respect to petitioners above said land by changing the classification from Poramboke (Government Land) into Zeroiti (Patta) Land and issue revised pattadar passbook and title deed and also to mutate the petitioners name in online web land revenue records, as illegal, arbitrary, violative of principles of natural justice, provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to rectify the wrong entries in revenue records and in new pattadar passbook and title deed of petitioners land of Ac. 1.50 cents in Survey No.13-p from Poramboke (Government Land) into Zeroiti (Patta) Land 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 Pleased to direct the 5th respondent to consider the petitioners representation dt. 19.12.2024 submitted to rectify the wrong entries with respect to petitioners agricultural lands admeasuring Ac. 1.50 cents in Survey No.13-p situated in Kuridingi Village of Saravakota Mandal in Srikakulam District by changing the 3 DR,J W.P.No.30566/2025 classification from Poramboke (Government Land) into Zeroiti (Patta) Land’ in New Pattadar Passbook and Title Deed and in online web land revenue records for his said land, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 DR,J W.P.No.30566/2025 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30566/2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief: “…to issue a writ order or direction more particularly one in the nature a WRIT OF MANDAMUS declaring the action of the Respondents 4 to 6 thereby changed classification of the Petitioners Zeroiti Land admeasuring Ac. 1.50 cents in Survey No.13-p situated in Kuridingi Village of Saravakota Mandal in Srikakulam District from Zeroiti (Patta) Land to Poramboke (Government Land) in New Pattadar Passbook and Title Deed issued to the petitioner after conducting Re- Survey in Kuridingi village for all agricultural lands including petitioners said lands, under YSR JAGANANNA SHASWATA BHU HAKKU MARIYU BHU RAKSHA PATHAKAM (Y.S.R Jagannana Permanent Land Rights and Land Security Scheme) without issuing any notice and inviting objections from the petitioner and consequential inaction of the 5th respondent on petitioners representation dt.19.12.2024 submitted to rectify the wrong entry with respect to petitioners above said land by changing the classification from Poramboke (Government Land) into Zeroiti (Patta) Land and issue revised pattadar passbook and title deed and also to mutate the petitioners name in online web land revenue records, as illegal, arbitrary, violative of principles of natural justice, provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to rectify the wrong entries in revenue records and in new pattadar passbook and title deed of petitioners land of Ac. 1.50 cents in Survey No.13-p from Poramboke (Government Land) into Zeroiti (Patta) Land and to pass …” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner has submitted that the respondents have unilaterally changed the nature of the land from Zeroiti (patta) land to 5 DR,J W.P.No.30566/2025 Government. Earlier, the name of the petitioner was recorded in the revenue records as ancestral property. But surprisingly, without notice, the same has been changed and recorded as Government land. Despite making representation, the respondents have not taken any action. 4. The learned Assistant Government Pleader for Revenue appearing on behalf of the respondents has submitted that the petitioner has to make an application under Section 5 (1) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (hereinafter referred as ‘the Act’) then only the authorities would conduct enquiry and pass appropriate orders. 5. Considering the same, the writ petition disposed of by giving liberty to the petitioner to make a fresh application under Section 5(1) of the Act to the concerned authorities. On filing such application, the authorities shall consider the same after issuing notice to all concerned and pass appropriate orders in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D RAMESH Dt.06.11.2025 Pmk 6 DR,J W.P.No.30566/2025 86 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30566/2025 Dt.06.11.2025 Pmk