Extracted from the PDF above. The PDF is authoritative.
APHC010699602025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36193/2025 Between:
1. NAGUMALLA HITESH RAM, S/O LATE NAGUMALLA SURENDRA, AGED ABOUT 8 YEARS, MINOR, REPRESENTED BY HIS GRANDMOTHER, NAGUMALLA SHOBHA W/O LATE NAGAIAH, AGED ABOUT 58 YEARS, OCC HOUSE WIFE. 2. NAGUMALLA TARUN KRISHNA, S/O LATE NAGUMALLA SURENDRA, AGED ABOUT 7 YEARS. MINOR, REPRESENTED BY HIS GRANDMOTHER, NAGUMALLA SHOBHA W/O LATE NAGAIAH, AGED ABOUT 58 YEARS, OCC HOUSE WIFE. 3. . NAGUMALLA SHOBHA, W/O LATE NAGAIAH, AGED ABOUT 58 YEARS, OCC HOUSE WIFE, ALL ARE R/O D.NO. 24/608, VASANTHAPETA STREET,
PRODDATUR TOWN, KADAPA DISTRLET
...PETITIONER(S) AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY,- REVENUE DEPARTMENT, SECRETARIAT BUILDIRIGS, VELAGAPUDI, AINARAVATHI. (522238)
2. THE DISTRICT COLLECTOR, KADAPA DISTRICT AT KADAPA. (516001)
3. THE REVENUE DIVISIONAL OFFICER, KADAPA, KADAPA DISTRICT. (516001)
2
4. THE TAHSILDAR, YERRANGUNTLA MANDAL, KADAPA DISTRICT. (516362)
5. NAGAMALLA PABBATI SUPRAJA, W/O LATE NAGUMALLA SURENDRA, AGED ABOUT 28 YEARS, OCC HOUSE WIFE, R/O D.NO. 26/766, MITTAMADI STREET, PRODDATUR POST AND MANDAL, KADAPA DISTRICT. (516360)
6. GULLADURTHI RAJASIMHA REDDY, S/O SEETHARAMI REDDY, AGED ABOUT 23 YEARS, OCC CULTIVATION, R/O D.NO. 24/574/, VASANTHAPETA STREET, PRODDATUR POST AND MANDAL, KADAPA DISTRICT (516360)
...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 OF MANDAMUS declaring the inaction of the respondents herein particularly Respondent no 4 against the Petitioners representations, Dt.27.01.2025 and 01.09.2025, for mutating the Petitioners names in the Web-land records like 1-B and Adangal and to issue new Pattadar Passbooks pursuant to the Decree and Judgment, Dt. 23.12.2024 in O.S.No.60 of 2019 passed by the Honble Junior Civil Judge - Cum - Judicial Magistrate of First Class, Kamalapuram, Kadapa District, with regard to the property to an extent of Ac. 3.82 cents in Sy.No.847 (New Sy.No.847/1) of Chinnadandluru Village, Yerraguntla Mandal, Kadapa District, despite the trial court has declared the title to the petitioners and despite the lapse of a year of time as nothing but illegal, arbitrary, high handed and violative of Principles of Natural Justice and violative of Article 300-A of The Constitution of India and consequently direct the Respondent No.4 to consider the petitioners representations, Dt.
27.01.2025 and 01.09.2025 for mutation of petitioners name in the revenue records 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 pleased to DIRECT the Respondent No.4 to consider the petitioners representation, Dt. Dt. 27.01.2025 and 01.09.2025 for mutating the petitioners names in the revenue records viz., webland records 1-B, Adangal and Pattadar Passbooks to the subject extent of Ac. 3.82 cents in Sy.No.847 (New Sy.No.847/1) of Chinnadandluru Village, Yerraguntla Mandal, Kadapa District, pending disposal of the Writ Petition and pass
3
Counsel for the Petitioner(S):
1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
4
THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36193 of 2025
ORDER:-
This Writ Petition is filed under Article 226 of Constitution of India for the following relief:
“…to issue a WRIT OF MANDAMUS declaring the inaction of the respondents herein particularly Respondent no 4 against the Petitioners representations, Dt.27.01.2025 and 01.09.2025, for mutating the Petitioners names in the Web-land records like 1-B and Adangal and to issue new Pattadar Passbooks pursuant to the Decree and Judgment, Dt. 23.12.2024 in O.S.No.60 of 2019 passed by the Honble Junior Civil Judge - Cum - Judicial Magistrate of First Class, Kamalapuram, Kadapa District, with regard to the property to an extent of Ac. 3.82 cents in Sy.No.847 (New Sy.No.847/1) of Chinnadandluru Village, Yerraguntla Mandal, Kadapa District, despite the trial court has declared the title to the petitioners and despite the lapse of a year of time as nothing but illegal, arbitrary, high handed and violative of Principles of Natural Justice and violative of Article 300-A of The Constitution of India and consequently direct the Respondent No.4 to consider the petitioners representations, Dt. 27.01.2025 and 01.09.2025 for mutation of petitioners name in the revenue records and pass…”
2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue.
3.
Learned counsel for the petitioner has submitted that,based on the decree granted in favour of the petitioners by the learned Junior Civil Judge- cum-Judicial Magistrate of First Class, Kamalapuram, in O.S.No.60 of 2019, dated 23.12.2024, the petitioners made an application under Section 4 of the Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, 1971(in short ‘the Act”). It was contended that under Section 5(1) of the Act, the competent authority is required to consider the said application and mutate the names of
5
the petitioners in the revenue records based on the decree. However, despite, repeated requests, the respondents have not considered the request of the petitioners and not mutated the names of the petitioners in revenue records based on the said decree.
4. Learned Government Pleader for Revenue, on instructions from the 4th respondent, submitted that as against the decree passed in favour of the petitioners the 5th respondent has preferred an appeal and the same is pending. In view of the said circumstances, the 4th respondent has sought opinion from the Assistant Government Pleader of the trial Court and the same is yet to be received. Hence, the issue is pending.
5. Considering the said submissions, as this Court is not inclined to go into merits of the case, notice to 5th respondent is dispensed with and the Writ Petition is disposed of directing the 4th respondent to consider the request made by the petitioners for mutation under 5(1) of the Act and pass appropriate orders under Section 5(2)(a) and 5(3) of the Act. Before passing orders, the respondents are directed to follow due procedure of law by issuing notices to the petitioners as well as the 5th respondent, and the said exercise shall be completed within two (02) months from the date of receipt of 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.30.12.2025 Pmk
6
144 THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 36193/2025
Dt.30.12.2025 Pmk