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2025 DAILYLAW 58445 (AP)

P RAJENDRA PRASAD v. The State of Andhra Pradesh

WP/30690/2025 · 2025-11-05

D Ramesh

body2025

Judgment text

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1 DR,J W.P.No.30690/2025 APHC010591512025 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: 30690/2025 Between: 1. P RAJENDRA PRASAD, S/O. P. VENKATA MUNASWAMY CHETTY, AGED ABOUT 62 YEARS, R/O. DOOR NO. 3-34, CINEMA HALL STREET, PAPANAIDUPETA VILLAGE AND POST, YERPEDU MANDAL, TIRUPATI DISTRICT. 2. T. DOORVASULU NAIDU @ T. THYAGARAJULU NAIDU, S/ O. T. CHENGALRAYA NAIDU, AGED ABOUT 55 YEARS R /O. PULLAMU NAIDU KANDRIGA VILLAGE, RAMACHANDRA PURAM, TIRUPATI DISTRICT 3. G. PRAKASH, S/O. G. CHANDRAIAH, AGED ABOUT 65 YEARS, R/O. DOOR NO. 2-175, BESANT ROAD, MADANAPALLI TOWN, ANNAMAYYA DISTRICT. 4. V. RAMESH BABU, S/O. V. KRISHNAIAH CHETTY, AGED ABOUT 55 YEARS, R/O. FLAT NO.504, SRI SAPTHAGIRI SADAN, 2ND CROSS (EAST), VIDYANAGAR COLONY, TIRUPATI, TIRUPATI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI 3. THE JOINT COLLECTOR, TIRUPATI DISTRICT AT O/O DISTRICT 2 DR,J W.P.No.30690/2025 COLLECTOR, TIRUPATI 4. THE REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI DISTRICT, A. 5. THE TAHSILDAR, TIRUPATI (URBAN) MANDAL, TIRUPATI 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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents, more particularly the 5th Respondent, in considering the petitioners representation dated 08.09.2025 for the issuance of Pattadhar Passbook and Title deed for the property admeasuring an extent of Ac. 1.00 cents in Sy.No.119/3 of Mangalam Village, Tirupati Urban Mandal, Tirupati District as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. Rights and Pattadar Pass Books Act, 1971 besides being violative of articles 14, 21 and 300(A) of the Constitution of India and consequently direct the Respondent No.5 to mutate the name of the Petitioners herein by considering the Petitioners representation dated 08.09.2025 for issuance of Pattadhar passbook and Title deed with regard to the subject property admeasuring an extent of Ac.1.00 cents in Sy.No.119/3 of Mangalam Village, Tirupati Urban Mandal, Tirupati District 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 to direct the 5th Respondent herein to consider the Petitioners representation dated 08.09.2025 for issuance of Pattadhar passbook and Title deed with regard to the subject property admeasuring an extent of Ac. 1.00 cents in Sy. No. 119/3 of Mangalam Village, Tirupati Urban Mandal, Tirupati District and pass such other order or orders in the interest of Justice and pass such other order or orders may deem fit and proper in the circumstances of the case pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. KANDERI CHETHAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 DR,J W.P.No.30690/2025 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO:30690/2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents, more particularly the 5th Respondent, in considering the petitioners representation dated 08.09.2025 for the issuance of Pattadhar Passbook and Title deed for the property admeasuring an extent of Ac. 1.00 cents in Sy.No.119/3 of Mangalam Village, Tirupati Urban Mandal, Tirupati District as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. Rights and Pattadar Pass Books Act, 1971 besides being violative of articles 14, 21 and 300(A) of the Constitution of India and consequently direct the Respondent No.5 to mutate the name of the Petitioners herein by considering the Petitioners representation dated 08.09.2025 for issuance of Pattadhar passbook and Title deed with regard to the subject property admeasuring an extent of Ac.1.00 cents in Sy.No.119/3 of Mangalam Village, Tirupati Urban Mandal, Tirupati District and pass …” 2. Heard Sri Kanderi Chethan, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioners has submitted that in fact the petitioners approached the authorities for filing online application in Form-6A as per the provisions of the ROR Act, but they have declined to receive the same on the ground that the property is situated within urban limits, and directed the petitioners to approach directly and make an application. Accordingly, the petitioners filed an application/representation on 08.09.2025 to the concerned authorities i.e., 5th respondent herein. Despite receipt of the same, the respondents have not considered or passed orders. 4 DR,J W.P.No.30690/2025 4. Learned Assistant Government Pleader appearing for the respondents has submitted that as per the provisions of the ROR Act, the authorities will consider the representation/Form-6A application submitted by the petitioners and they will pass appropriate orders after giving notice to the concerned persons. 5. Considering the above submissions made by both the learned counsel, the writ petition is disposed of at the stage of admission, directing the respondents, particularly 5th respondent, to consider the representation/Form- 6A application made by the petitioners on 08.09.2025 as per the provisions of the ROR Act and also by pursuing the sale deed dated 08.07.2005 submitted by the petitioners, and pass appropriate orders within six (06) weeks from the date of receipt of a copy of this order. 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 5 DR,J W.P.No.30690/2025 83 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30690/2025 Dt.06.11.2025 Pmk