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2025 DAILYLAW 6932 (AP)

Setti VVS Nookanna Dora, v. The State of Andhra Pradesh,

WP/3701/2025 · 2025-02-19

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) a WEDNESDAY, THE NINETEENTH DAY OF FEBRUARYj^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAS WRIT PETITION NO: 3701 OF 2025 O Between: 1. Setti V.V.S. Nookanna Dora, S/o. Setti Samba Murthy, aged 49 years, R/o. Amalapuram Village, Narsipatnam Mandal, Visakhapatnam District. 2. Setti Devi Priyadarsini, D/o. Setti W S Nookanna Dora, aged 16 years, R/o. Amalapuram Village, Narsipatnam Mandal, (Minor) Visakhapatnam District. 3. Setti Chethana, D/o. Setti V V S Nookanna Dora, aged 12 years (Minor), R/o. Amalapuram Village, Narsipatnam Mandal Visakhapatnam District. (2'"'^ and 3'"^ petitioners are minors, represented by his father i.e., 1 petitioner as a Natural Guardian) St ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Velagapudi, Guntur District. 2. The District Collector, Anakapalli District, At Anakapalli. 3. The Revenue Divisional Officer, Narsipatnam, Anakapalli District. 4. The Tahsildar, Narsipatnam Mandal, Anakapalli District. ...RESPONDENTS 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 writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the 4*^ respondent in not considering the applications made by the 1®‘ petitioner dated 30-07-2020 and 05-12- 2024 for mutation of entries in 1-B and issuance of Pattadar Passbook Cum Title Deed in Favor of 2nd and 3rd Petitioner for their respectj\^^ land an extent of Ac.01-00 cents in Survey No.88-3, Ac.02-00 cents,lA Purvey No.90, Ac.01-00 cents in Survey No. 196/3 and Ac.04-00 • cents rni Survey No.88-3 of Amalapuram Revenue Village and Grama Panchayath, Narsipatnam Mandal, Anakapalli District is illegal, arbitrary and violative of principles of natural justice and consequently directing the 4th respondent to consider the applications dated 30-07-2020 and 05-12- 2024 made by the 1st petitioner for mutation of entries in 1-B and issuance of Pattadar Passbook Cum Title Deed in Favor of 2"^* and 3'^'^ Petitioner for their respective land an extent of Ac.01-00 cents in Survey No.88-3, Ac. 02-00 cents in Survey No.90, Ac.01-00 cents in Survey No. 196/3 and Ac.04-00 cents in Survey No.88-3 of Amalapuram Revenue Village and Grama Panchayath, Narsipatnam Mandal, Anakapalli District. lA 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 directing the 4*^ respondent to consider the applications dated 30-07-2020 and 05-12-2024 made by the 1st petitioner for mutation of entries in 1-B and issuance of Pattadar Passbook Cum Title Deed in Favor of 2 nd and 3'^^ Petitioner for their respective land an extent of Ac.01-00 cents in Survey No.88-3, Ac.02-00 cents in Survey No.90, Ac.01-00 cents in Survey No. 196/3 and Ac.04-00 cents in Survey No.88-3 of Amalapuram Revenue Village and Grama Panchayath, Narsipatnam Mandal, Anakapalli District. Counsel for the Petitioner: SRI SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDHARY AGP FOR REVENUE The Court made the following: ORDER 1 APHC010066902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRi JUSTICE GANNAMANENI RAWIAKRISHNA PRASAD WRIT PETITION NO: 3701/2025 [3328] Between; 1 SETT I WS NOOKANNA DORA,, S/0. SETTl SAMBA MURTHY, AGED 49 YEARS, R/0. AMALAPURAM VILLAGE, NARSIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. DEVI PRIYADARSINI,, D/0. SETTl W S NOOKANNA DORA, (MINOR), R/0. AMALAPURAM VILLAGE, 2.SETTI aged 16 YEARS, . NARSIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. D/0. SETTl V V S NOOKANNA DORA, AGED 12 R/0. AMALAPURAM VILLAGE, NARSIPATNAM DISTRICT. (2ND AND 3. SETTl CHETHANA, YEARS, (MINOR), MANDAL, VISAKHAPATNAM PETITIONERS ARE MINORS, REPRESENTED BY HIS FATHER I.E., 1 ST PETITIONER AS A NATURAL GUARDIAN) 3RD ...PETITIONER(S) AND ,7 ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR 1.THE STATE OF SECRETARY I _ DISTRICT. 2.THE ANAKAPALLI. REVENUE DIVISIONAL OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT, AT ANAKAPALLI DISTRICT COLLECTOR, 3.THE DISTRICT. 4.THE TAHSILDAR, NARSIPATNAM MANDAL, ANAKAPALLI DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner(S): 1 .SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; ORAL ORDER: Heard Sri Siva Nagarjuna Sidhadapu, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the Application for mutation of Revenue Record dated 05.12.2024 (Ex. P.1). ■V 2. 3. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Tahsildar, Narsipatnam Mandal (Respondent No.4) to consider the Application dated 05.12.2024 (Ex.P.1) submitted by the Writ Petitioners and pass a Speaking Order in accordance with law within a period of eight (8) weeks from today and furnish a copy of such Order to all the interested parties forthwith. 4. Needless to state that the Respondent No.4 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioners herein submissions/objections and documents, if any, before passing the final order. 5. Writ Petitioners are directed to submit a copy of this Order along with the photocopy of the Application for mutation dated 05.12.2024 (Ex.P.1) to Respondent No.4 within one week from today, for effective compliance. With these observations and directions, this Writ Petition disposed of. No order as to costs. consider their 6. stands 3 S 7. Interlocutory Applications, if any, stand closed in terms o^^this order. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Velagapudi, Guntur District. 2. The District Collector, Anakapalli District, At Anakapalli. 3. The Revenue Divisional Officer, Narsipatnam, Anakapalli District. 4. The Tahsildar, Narsipatnam Mandal, Anakapalli District. 5. One CC to Sri Siva Nagarjuna Sidhadapu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb ^; c HIGH COURT DATED:19/02/2025 ORDER X 0 7 MAR 2025 * Cuffoni 68CUon ^^S^CSPATC*!^^ WP.No.3701 of 2025 a DISPOSING OF THE W.P. WITHOUT COSTS