APHC010049342022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3149/2022 Between: 1. KOMMALAPATI SUSEELA,, W/O. VIJAYARUJUNA RAO, AGED ABOUT 59 YEARS, R/O. TUMMALAPALEM VILLAGE, PRATHIPADU MANDAL, GUNTUR DISTRICT, A.P. 2. MUPPALLA PRAMEELA,, W/O. SRINIVASA RAO, AGED ABOUT 49 YEARS, R/O. HUSSAIN NAGAR, PEDAKURAPADU MANDAL, GUNTUR DISTRICT, A.P ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, OPP. PRAKASAM BHAWAN, ONGOLE, PRAKASAM DISTRICT, A.P. 4. THE TAHSILDAR, SANTHAMAGULURU MANDAL, PRAKASAM DISTRICT, A.P. ...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 toFor the reasons stated in the accompanying affidavit, the Petitioners herein prays that this Hon'ble Court may be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus 2 HBKM,J W.P.No.3149 of 2022 declaring the inaction of the Respondents in issuing the Pattadar Passbooks and Title Deeds to the Petitioners inspite of their applications dated 06.03.2021 for the property situated in Survey No. 28-B-A of Santhamaguluru Village and Mandal, Prakasam District with an extent of Ac.2.32 cents as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and order the Respondent authorities for the issuance of the Pattadar Passbooks and Title Deeds to the Petitioners as contemplated under The Andhra Pradesh Pattadar Passbook Act, 1971 and pass IA NO: 1 OF 2022 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 For the reasons stated in the accompanying affidavit in support of the writ petition, the Petitioners herein prays that this Honble Court may be pleased to pass an interim order directing the respondent authorities to issue the Pattadar Passbooks and Title Deeds to the Petitioners by considering their applications dated 06.03.2021 for the property in an extent of Ac.2.32 cents in Survey No. 28-B-A of Santhamaguluru Village and Mandal, Prakasam District until disposal of the above writ petition, and pass such other order or orders as may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2023 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 grant leave to the petitioner/Respondent No.4 in the writ Petition no.3149 of 2022 to file counter affidavit in the above writ petition and 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 may be pleased to receive the reply counter on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.3149 of 2022 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in not issuing the pattadar passbooks and title deeds to the petitioners’ inspite of their applications dated 06.03.2021 for the land in an extent of Ac.2.32 cents in Sy.No.28-B-A of Santhamaguluru Village and Mandal, Prakasam District. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 4th respondent submits that the petitioners submitted the Meeseva application dated 06.03.2021 for issuance of pattadar passbooks and title deed jointly for the subject land as they have purchased it jointly. The 4th respondent pursuant to the above said Meeseva application dated 06.03.2021, issued notices to the writ petitioners and the person who is in physical possession and enjoyment of the subject land by name Yenubarla Ramanamma, who purchased the same through unregistered sale deed from one Mr. B. Danial, Bandaru George and Yacob S/o Simon of Pathamagulur Village during the years 1993 & 1994. For the purpose of conducting enquiry, notices were issued to the writ petitioners and also to Y. Ramanamma to attend for the enquiry along with their supporting documents to claim the title over the subject land vide proceedings dated 08.03.2021. As per the records available, the petitioners failed to attend the said enquiry on the scheduled date, but straight away filed this writ petition. 4 HBKM,J W.P.No.3149 of 2022 4. In view of the above said facts and circumstances, as the 4th respondent acted upon the Meeseva application of the petitioners dated 06.03.2021, no relief can be granted in this writ petition pursuant to the above said Meeseva application. Since according to the 4th respondent, the petitioners failed to appear on the scheduled date in the enquiry, the petitioners are permitted to make fresh application duly, by enclosing all the necessary documents for the above said relief, addressing to the 4th respondent within a period of four (04) weeks from the date of receipt of this order. On receipt of the same, the 4th respondent shall consider and dispose of the said application of the petitioners strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible preferably within a period of three (03) months thereafter. 5. 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 05.11.2025 PGT