Extracted from the PDF above. The PDF is authoritative.
APHC010047182025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2724/2025 Between: Rokkala Musalayya, ...PETITIONER AND He State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. K LAXMANA SASTRY Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:2724/2025
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus to direct the respondents to consider the application of the petitioner for mutation of the petitioners name in New Survey No.31/7 (part) in House Plot No.5 to the extent of 250 sq.yards of the Duwada village, Gajuwaka Mandal, Visakhapatnam, andhra Pradesh, the inaction of the respondents is illegal, arbitrary and contrary to the provision Section 5 of the A.P rights in Land Pattadar Pass Book Act, 1971 rule made there under and consequently direct the respondents to consider the Survey Report of the Sri B.Srinnivasa Rao Deputy Tahasildar dated 13.12.2024 and pass such other order or orders….”
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner has purchased the said house site 250 Sy. Yards within the boundaries of East: Plot No.2, West: 20 Feet Road, South: Plot No.6, North No.4 at Duvvada Village, Gujuwaka Mandal, Viakhapatnam District from
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K.V.Surya Narayana in the year 2002 vide Regd Document No.1311/2002 dated 23.04.2002 at SRO Subbavaram, Visakhapatnam. Thereafter, the petitioner has filed an application to the Respondent No.3 for mutating/enter the petitioner’s name in the Revenue Records in New Sy.No.31/7 at Duvvada Village, Gajuwaka Mandal, Visakhapatnam District, erstwhile Sy.Nos.29/2,29/3,31/1,31/6 of Plot No.5 to the total extent of land 250 Sq.Yards within the boundaries of East: Plot No.2, West: 20 Feet Road, South: Plot No.6, North No.4 at Duvvada Village, Gujuwaka Mandal, Viakhapatnam District. The respondents at time of ratification of revenue records erstwhile Sy.Nos.29/2,29/3,31/1,31/6 of Plot No.5 to the total extent of land 250 Sq.Yards within the boundaries of East: Plot No.2, West: 20 Feet Road, South: Plot No.6, North No.4 at Duvvada Village, Gujuwaka Mandal, Viakhapatnam District of the New Survey No.31/7 (part) the respondents has not entered the petitioner’s name in the correction of revenue records due to clerical errors committed by the respondents.
4.
Learned counsel for the petitioner further submits that the petitioner made several representations to respondents but no action was taken till date. The respondent No.3(Tahsildar) as endorsed, inter-alia contended that the required corrections and mistakes committed by the official to be
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classified as clerical error or mistake would fall in the ambit of said as per Section 5 of the A.P. Rights in Land Pattadar Pass book Act, 1971 which caused due to negligence or want of proper care on the part of some person other than the respondent seeking correction. Aggrieved by the same, the present Writ Petition is filed. 5. On the other hand, learned Government Pleader appearing for the respondents furnished written instructions dated 05.02.2025, wherein, the relevant portion of the said instructions is extracted hereunder:
“The petitioner in his writ petition contended that, he filed an application to the respondent No.3 for mutation of his name. After conducting thorough search in this office, no application was filed by the writ petitioner. Hence, after receipt of the application from the writ petitioner, necessary action will be taken as per Acts and Rules in vogue. 6. On perusal of the said instructions, it is evident that the petitioner herein did not submit any appropriate application seeking correction of entries in respect of his property in the revenue records. As such, the petitioner herein has to make an appropriate application in Form-VIA to the respondent No.3 through Meeseva by paying requisite fee. Learned counsel for the petitioner further submits that let there be a direction to the petitioner to submit a fresh application seeking correction of entries in
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respect of his property in the revenue records in Form-VIA through Mee- seva/AP Online/ Village Secretariats by following proper procedure in terms of G.O.Ms. No.209 dated 14.06.2017 to the respondent authorities by paying requisite fee. On receipt of such application, the respondents may be directed to consider the same, within a reasonable time. 7.
Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to make an appropriate application in Form-6A to the respondent authorities strictly adhering to the provisions of the Andhra Pradesh Land in Pattadar Pass Books Act, 1971 and Rules framed therein from time to time for correction of entries in the concerned revenue records through Mee Seva/ AP Online/ Village Secretariat and also in terms of G.O.Ms.No.209 dated 14.06.2017 and on payment of requisite fee, along with all the required documents, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such application, the respondents are directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months, thereafter. 6
8. With the above directions, the writ petition is disposed of. No costs. 9. In the meanwhile, Status-quo obtaining as on today in respect of the subject property shall be maintained by all the parties concerned,
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 27.03.2025 LSP
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.2724 of 2025
27.03.2025 BSP