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2025 DAILYLAW 55488 (AP)

MADASU CHARENDRA v. The State of Andhra Pradesh

WP/28938/2025 · 2025-11-06

D Ramesh

body2025

Judgment text

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W.P.No.28938 OF 2025 DR,J APHC010551372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28938/2025 Between: 1. MADASU CHARENDRA, S/O. MADASU VENKATARAJU, AGED 44 YEARS, R/O. D.NO.19-128, SAL MADHAVA NAGAR, NAIDU THOTA, NEAR 6TH ZONE, G.V.M.C OFFICE, VEPAGUNTA, PENDURTHI, VISAKHAPATNAM-530047. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, VIZIANAGARAM DISTRICT. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 3. THE JOINT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 4. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM. 5. THE TAHSILDAR, VEPADA MANDAL, VIZIANAGARAM DISTRICT. 6. DWARAPUDI SATYANARAYANA, BUJJI S/O LATE TATABABU, AGE 54 YEARS, R/O D.NO.2-91, PATURU VILLAGE, VEPADA MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): W.P.No.28938 OF 2025 DR,J The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “issue to grant an order, direction or writ, more so in the nature of Writ of Mandamus, declaring the action of Respondent No.3, in not acting upon the proceedings issued by the 4th Respondent in RC.No. 1206/2024/A dated 02.09.2025 to remove the Petitioners subject land admeasuring Ac.0.29 cents in Sy.lvo.92-15 of Paturu Village, Vepada Mandal, Vizianagaram District, from the dispute register, and not mutating the name of the Petitioner in the revenue records in pursuant to his I Application Number MUT240808031981 dated 08.08.2024 as illegal, high-handed, arbitrary, and a violation of the fundamental rights guaranteed to the Petitioner under Articles 14,21, and 300A of the Constitution of India and contrary to the guilelessness prescribed under CCLA Circular Instructions issued vide File No.REV02- 12022/44/2022-LR-ll-CCLA dated 09.04.2022 and consequently direct the Responderts to remove the Petitioners subject land admeasuring admeasuring Ac.0.29 cents in Sy.No.92-15 of Paturu Village, Vepada Mandal, Vizianagaram District, from the dispute register forthwith to immediately mutate the subject land admeasuring Ac.0.29 cents in Sy.No.92-15 of Paturu Village, Vepada Mandal, Vizianagaram District, in Petitioners name by considering the mutation application of the Petitioner vide Application Number MUT240808031981 dt 08.08.2024 and pass 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondent Nos.1 to 5. W.P.No.28938 OF 2025 DR,J 3. The grievance of the petitioner is that, the petitioner is the absolute owner and possessor of the subject property admeasuring an extent of Ac.0.29 cents in Sy.No.92/15 of Paturu Village, Vepada Mandal, Vizianagaram District, having acquired the said property from his vendor by way of a registered sale deed dated 26.03.2019. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. The petitioner made an application through PGRS dated 25.11.2024 seeking mutation of title in his name and issuance of an E- Pattadar Passbook. Pursuant to the said application, the 5th respondent/Tahsildar issued an endorsement vide proceedings dated 24.12.2024 directing the 4th respondent/Revenue Divisional Officer to submit a report for removal of the petitioner’s subject land from the dispute register. Upon reviewing the matter, the 4th respondent/Revenue Divisional Officer, vide proceedings dated 02.09.2025, directed the 3rd respondent/Joint Collector to take necessary action for removal of the petitioner’s subject land from the dispute register. Even though the 4th respondent specifically instructed the 3rd respondent to take appropriate action with regard to the petitioner’s subject property, no action has been taken so far. Hence, the present Writ Petition. 4. The learned counsel for the petitioner submits that, based on the ratio laid down by this Court in Medarametla Venkata Sesha Reddy v. The State of A.P. and Others in Writ Appeal No.817 of 2024, the respondent authorities are not entitled to place any property under the dispute register. W.P.No.28938 OF 2025 DR,J In fact, this Court has categorically held that there is no provision for maintaining a dispute register under the ROR Act. 5. In view of the observations made by the Division Bench of this Court in Writ Appeal No.817 of 2024, the respondents are directed to consider the request made by the petitioner. Further, in light of the order passed by the 4th respondent dated 02.09.2025, the 5th respondent is hereby directed to act upon the same and pass appropriate orders based on the revenue record, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order, after issuing notice to all the parties concerned, more particularly, if required, to the 6th respondent/unofficial respondent. 6. Accordingly, the writ petition is disposed of. No orders as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 07.11.2025 klk W.P.No.28938 OF 2025 DR,J 79 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.28938 of 2025 07.11.2025 kkllkk