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2025 DAILYLAW 55327 (AP)

VADDEMANU NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/34622/2025 · 2025-12-21

D Ramesh

body2025

Judgment text

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APHC010669682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34622 OF 2025 Between: 1. VADDEMANU NAGESWARA RAO, alias V.S. Nageswara Rao, S/o late Ramaiah, aged 55 years, Occ Agriculture, R/o. H.No.82-108A, ShareenNagar,Kurnool District-518002. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Kurnool Collectorate, Kurnool District - 518002. 3. The Joint Collector, Kurnool Collectorate, Kurnool District - 518002. 4. The Revenue Divisional Officer, Kurnool Division, Kothapeta, Near Kondareddy fort, Kurnool District - 518001. 5. The Tahsildar, Orvakal Mandal, Kurnool District - 518010. 6. Maram Sri Lakshmi, w/o M. Harish chandra Reddy Aged about 45 years. R/o Flat No. 407, BLOCK-1,S. M.R. Metropolis, Near. E-seva, Miyapur, Hyderabad-500049, Telangana. 2 W.P.No.34622 of 2025 7. Smt B Rashmi, D/o K.S. Bhojaraj, aged about 45 years B. Agrahara, Tirthalli, Shimoga, Karnataka-577432 Presently Residing at U.S.A Represented by G.PA Holder M.Harish Chandra Reddy R/o. Flat No. 407, BLOCK-1, S. M. R. Metropolis, Near E-Seva, Miyapur, Hyderabad - 500049. Telangana. 8. Pabbathi Siva Prasad, S/o. Nagesham, Aged about 43 years R/o. H.NO.8-49, Parumanchala Village, Jupadu Bungalow Mandal, Kurnool District Now Nandyal District. 9. Kota Anand Kumar, S/o. K. Kasi Ratnam Aged about 45 Years R/o. 51-964/1, Sitaram Nagar, Kurnool District- 518003 10. G Siddaiah, S/o. G. Roshanna aged about 45 Years R/o. H.NO.10- 369, Nannur village, orvakal Mandal. Kurnool District. 11. G Swamulu, S/o. G. Roshanna aged about 47 Years. R/O. H.NO.10-37, Nannur village, orvakal Mandal, Kurnool District. 12. Pabbathi Narayanamma, W/o.P.Nagesam, R/o.Door No 8-149, Parumanchala Village, Jupadu Bangla Mandal, Kurnool District. ...Respondents Counsel for the Petitioner: P VEERRAJU Counsel for the Respondents: GP FOR REVENUE 3 W.P.No.34622 of 2025 The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus i. declaring that the inaction on part of the 5th respondent / Tahsildar, Orvakal in issuing patta passbook and title deed in favor of the writ petitioner in respect of the application dt.19-11-2019, filed by the writ petitioner for mutation of his name in revenue records in respect of the land measuring an extent of Ac.3.56 cts in survey number 1012 of Nannur Village, Orvakal Mandal , Kurnool District as illegal, unlawful, malicious and arbitrary and violative of THE ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971 and rules framed there under and violative of Article 300A, 14 and 16 of Constitution of India and also violative of principles of natural justice and consequently direct the respondents No.4 and 5 to mutate the name of the writ petitioner by replacing the name of his father in respect of the land measuring total extent of Ac.3.56cts situated in survey No.1012 in Nannur Village, Orvakal Mandal , Kurnool District, by granting Record of Rights including Patta passbook and title deed, 1B Adangal from 06-02-2009 i.e., the date of issuance of Possession certificate till this day as per the provisions of THE ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971; ii. further declaring that the act of the 5th respondent in keeping the case relating to Record of Rights, in Rc.B./237/2025 pending since 31-05-2025 till this day without disposal / without dismissal of the same is illegal, unlawful and failure to exercise the power vested in him under the provisions of THE ANDHRA PRADESH 4 W.P.No.34622 of 2025 RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971 and consequently dismiss the said application Rc.B.237/2025 on the file of the Tahsildar, Orvakal, holding that the 8th respondent does not have either right, title or possession over an one inch of land much less Ac.1.76 cents in Survey No.1012 of Nannur Village, Orvakal Mandal, Kurnool District and pass...” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the official respondents. 3. Though notices have been issued by the respondent No.4 based on the application filed by the respondent No.8, the same is pending without any orders and by virtue of pendency of the said application, the respondents have also not considering the application filed by the petitioner for mutation. 4. Learned Assistant Government Pleader for Revenue, on instructions, submitted that enquiry has been completed and they need to pass an order. He further submitted that there are certain records which were called for from some other pattadars and that the official respondents will take appropriate steps in this regard. 5. Considering the submissions made, this Court is not inclined to go into the merits of the case. Notices to the respondents No.6 to 12 are dispensed with. The Writ Petition is disposed of at the admission stage directing the respondent No.5 to pass appropriate order within 5 W.P.No.34622 of 2025 reasonable period, which should not exceed more than three (3) months from the date of receipt of copy of this order. No order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ___________________________ JUSTICE D. RAMESH Date: 22.12.2025 NSM 6 W.P.No.34622 of 2025 35 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34622 OF 2025 22.12.2025 NNSSM M