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2025 DAILYLAW 7583 (AP)

Aavula Balaji, v. The State of Andhra Pradesh,

WP/4229/2025 · 2025-02-19

Gannamaneni Ramakrishna Prasad

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Judgment text

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a K'H IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATM WEDNESDAY, THE NINETEENTH DAY OF FEBRUAR>jg |J (© M (Special Original Jurisdiction) •t5? TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4229 OF 2025 THE Between: 1. Aavula Balaji, S/o Aavula Pedda Govindu, Aged about 49 years, R/o Damavaram Village, Dagadarthi Mandal, Nellore District. 2. Aavula Vasantha Kumar, S/o. Marayya, Aavula Balaji, Aged about 50 R/o Damavaram Village, Dagadarthi Mandal, Nellore District. Polamma, W/o. Meerayya, Aavula Balaji, Aged about 78 R/o Damavaram Village, Dagadarthi Mandal, Nellore District. 4. Yallamgari Tirupatayya, S/o. jalayya. Aged about years R/o Damavaram Village, Dagadarthi Mandal, Nellore District. 5. Vayala Tirupathamma, W/o Late Vayala Yadagiri, Aged about 47 years, R/o Damavaram Village, Dagadarthi Mandal, Nellore District. S/o Kumara Sidhayya, R/o Damavaram Village, years 3. Konduru years. 6. Kumara Prasad, Dagadarthi Mandal, Nellore District. 7. Davuluri Dayamani, W/o. Gjnanasundaram, Aged about 59 years, R/o Narayanapuram Village, Dagadarthi Mandal, Nellore District. 8. Davuluri Pushpa, W/o. Bhanumurthy, Aged about 59 years, R/6 Narayanapuram Village, Dagadarthi Mandal, Nellore District. 9. Davuluri Nirmala, W/o. Dayakar, Aged about 54 years R/o Narayanapuram Village, Dagadarthi Mandal, Nellore District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nellore District, A.P A S.iThe Revenue Divisional Office (RDO), Kavali, Nellore District, A.P /i. * 4’.iTlTe Tahsildar, Dagadarthi Mandal, Nellore District, A.P ...RESPONDENTS ■ Petition under Article 226 of the Constitution of India praying that in If the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS for inaction of Respondent Nos. 2 to 4 in considering the representation of the petitioners dated 27.08.2024 for mutating their names in an extent of Ac.21.75 Cents in Sy. Nos. 352P, 360P, 358P, 360P, 340P, 364P, 360P, 346P, 381-3, 381-7, 381-2, 381-6, 381-4, and 381-8 of Damavaram Village and Narayanapuram Villages for mutating their names in revenue recordsAA/eb Land register and issuance of passbooks as arbitrary, illegal, contrary to the provisions of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 besides being violative of the petitioners rights guaranteed under Article 14, Article 21 and Article 300A of the Constitution of India, 1950. ■■ 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 direct the Respondents 2 to 4 to consider the representation of the petitioners dated 27.08.2024 for mutating their names in an extent of Ac.21.75 Cents in Sy. Nos. 352P, 360P, 358P, 360P, 340P, 364P, 360P, 346P, 381-3, 381-7, 381-2, 381-6, 381-4, and 381-8 of Damavaram Village and Narayanapuram Villages. Counsel for the Petitioner: M/s. CKR ASSOCIATES Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER 1 APHC010078882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328} WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4229/2025 Between: 1.AAVULA BALAJI,, S/0 AAVULA PEDDA GOVINDU, AGED ABOUT 49 YEARS, R/0 DAMAVARAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 2.AAVULA VASANTHA KUMAR,, S/0. MARAYYA, AAVULA BALAJI, AGED ABOUT 50 YEARS R/0 DAMAVARAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 3.KONDURU POLAMMA, W/0. MEERAYYA, AAVULA BALAJI, AGED ABOUT 78 YEARS, R/0 DAMAVARAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 4.YALLAMGARI TIRUPATAYYA,, S/0. JALAYYA. AGED ABOUT YEARS R/0 DAMAVARAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 5.VAYALA TIRUPATHAMMA,, W/0 LATE VAYALA YADAGIRI, AGED ABOUT 47 YEARS, R/0 DAMAVARAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 6.KUMARA PRASAD, S/0 KUMARA SIDHAYYA, R/0 DAMAVARAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 7.DAVULURI DAYAMANI,, W/0. GJNANASUNDARAM, AGED ABOUT 59 YEARS, R/0 NARAYANAPURAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 8.DAVULURI PUSHPA,, W/0, BHANUMURTHY, AGED ABOUT 59 YEARS, R/0 NARAYANAPURAM VILLAGE, DAGADARTHI MANUAL, NELLORE DISTRICT. 9.DAVULURI NIRMALA,, W/0. DAYAKAR, AGED ABOUT 54 YEARS, R/0 NARAYANAPURAM VILLAGE, DAGADARTHI MANUAL, 2 A. NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, NELLORE DISTRICT, A.P 3.THE REVENUE DIVISIONAL OFFICE RDO, KAVALI, NELLORE DISTRICT, A.P 4.THETAHSILDAR, DAGADARTHI MANDAL, NELLORE DISTRICT, A.P ...RESPONDENT(S): Counsel for the Petitioner(S): 1.CKR ASSOCIATES Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following; ORAL ORDER: Heard Sri K. Chetan, learned Counsel appearing on behalf of M/s. CKR Associates and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. The present Writ Petition is filed seeking to consider the Representation of the Writ Petitioners dated 27.08.2024 (Ex.P.1), for the purpose of mutating their names in an extent of Acs.21.75 cents in Sy.Nos.352P, 360P, 358P, 360P, 340P, 364P, 360P, 346P, 381-3, 381-7, 381-2, 381-6, 381-4 and 381-8 of Damavaram Village and Narayanapuram Village. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to para 5 of the Representation, wherein, it has been stated that when the Writ Petitioners have attempted to submit Form-6(A) through Mee-seva, the same was not accepted. It is also stated that the Writ Petitioners have presently approached the Office of the District Collector to resubmit the Representation but the same was not received. 2. 3 Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for the Written Instruction furnished by the Tahsildar of District dated 18.02.2025 along with sketch of the numbers. Copy of it is served on the Counsel for the This Written Instruction is taken on record. 3. Revenue has submitted Dagadarthi, SPSR Nellore land in various survey Writ Petitioners as well. Instruction at Sl.No.9, it is stated that the dated 27.08.2024 will be considered in In para 7 of the Written Representation of the Writ Petitioners by affording the reasonable opportunity to the Writ Petitioners However, it is stated that unless the requisite fee is deposited, no 4. due course herein, request for mutation can be entertained facts and circumstances of this case, this Court Having regard to the deems it appropriate to dispose 5. of this Writ Petition, at the admission stage, without going into the merit, directing the Writ Petitioners to submit a copy of dated 27.08.2024 (Ex.P.1) to the Tahsildar, Dagadarthi (Respondent No.4) through Registered Post within a period of one also directed to remit the requisite fee the Representation Mandal week from today. Writ Petitioners are for processing of Form-6A, for mutation, by way of Demand Drafts, individually and submit the same along with the photocopy of the Representation dated weeks from today. Upon receipt of the copy of 27.08.2024 (Ex.P.1) within two the Representation aiong with the requisite fee, the Officiai Respondents are directed to pass a Speaking Order in accordance with law within a period of eight (8) weeks from the date of receipt of the Representation along with the Demand Drafts and convey the copy of such final proceeding to all the Writ Petitioners forthwith. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. Contd... 4 7. Interlocutory Applications, if any, stand closed in terms of this order. 4^' Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ S{- SECTION OFFICER To, 1. The Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nellore District, A.P 3. The Revenue Divisional Office (RDO), Kavali, Nellore District, A.P 4. The Tahsildar, Dagadarthi Mandal, Nellore District, A.P 5. One CC to M/s. CKR Associates, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED: 19/02/2025 ORDER ^ oTandh^ X 0 7 MAR 2075 ^ . Curreni oecuon WP.No.4229 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS