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2025 DAILYLAW 7758 (AP)

PARASA DOLLY RATAN v. State of Andhra Pradesh,

WP/4270/2025 · 2025-02-20

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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A A J i ■ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTIETHDAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4270 OF 2025 Between: Parasa Dolly Ratan, D/o. Yesuratnam, Aged 35 years, Occ Home Maker, R/o.D.No.36-8-36, Nehru Nagar, Woodpeta, Vijayawada, N.T.R District. ...Petitioner AND State of Andhra Pradesh, Rep.by its Principal Secretary to Government Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District. 1. The District Collector, N.T.R District at Vijayawada. 2. The Revenue Divisional Officer, Nunna, Vijayawada Rural, N.T.R District. 3. The Tahsildar, Vijayawada Rural Mandal N.T.R District 4. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the endorsements in NTR202407012528/2024 dated 02.07.2024 passed by 4 th respondent in ^ rejecting petitioners PGRS application No. NTR202407012528 dated 01.07.2024, submitted for granting E-Pattadar Pass Book-cum-Title Deed and for mutation of petitioner name in all online web Land Revenue Records being maintained by the 4*^ respondent for the agricultural land to an extent of Ac. 1.90 cents out of Ac.7.70 cents covered by Survey No.4 of Nunna Revenue Village in Vijayawada Rural Mandal of NTR District, as illegal, irregular, irrational and violative of the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to issue E-Pattadar Pass Book- cum- Title Deed and mutate her name in online web land record of rights. 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 suspend the endorsements in NTR202407012528/2024 dated 02.07.2024 passed by 4*'^ respondent in rejecting petitioner’s application, submitted for granting E-Pattadar Pass Book-cum-Title Deed and for mutation of petitioner name in all online web Land Revenue Records being maintained by the 4^*^ respondent for the agricultural land to an extent of Ac. 1.90 cents out of Ac.7.70 cents covered by Survey No.4 of Nunna Revenue Village in Vijayawada Rural Mandal of NTR District, and consequentially direct the respondents to allow her said application. Pending disposal of the main Writ Petition and pass. Counsel for the Petitioner :SRI. NIMMAGADDA REVATHI Counsel for the Respondent No’s 1 to 4: GP FOR REVENUE The Court made the following ; ORDER 1 APHC010080192025 f IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4270/2025 Between: 1.PARASA DOLLY RATAN, D/O. YESURATNAM, AGED 35 YEARS, OCC HOME MAKER. R/O.D.NO.36-8-36, NEHRU NAGAR, WOODPETA VIJAYAWADA. N.T.R DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPBY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, N.T.R DISTRICT AT VIJAYAWADA. 3.THE REVENUE DIVISIONAL OFFICER, RURAL, N.T.R DISTRICT. 4.THE TAHSILDAR, VIJAYAWADA RURAL MANUAL N.T.R DISTRICT ...RESPONDENT(S): SECRETARIAT, NUNNA, VIJAYAWADA Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: w 2 ORAL ORDER: Heard Sri P. Karthi Kiran, learned Counsel appearing on behalf of Smt. Nimmagadda Revathi, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. It transpires from the record that the Writ Petitioner has submitted a grievance through the Public Grievance Redressal System (PGRS) vide Application No.NTR202407012528, dated 01.07.2024 (Ex.P.2). The Tahsildar, Vijayawada Rural Mandal (Respondent No.4), having considered the said Application, has rejected the same by passing an Endorsement dated 02.07.2024 (Ex.P.1) stating that the request of the Writ Petitioner cannot be entertained because the subject land is classified as ‘forest land (adavi)’. 2. Learned Counsel for the Writ Petitioner would submit that the Tahsildar (Respondent No.4) has no power to reject the Application inasmuch as the statutory authority to consider and reject the Application is vested with the Revenue Divisional Officer. 3. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue takes objection to the submission made by the learned Counsel for the Writ Petitioner on the ground that the Petitioner ought to have submitted the Application under Form-6A of the Andhra Pradesh Rights in Land and Pattadar Pass Books (ROR) Act, 1971; whereas, the Writ Petitioner has submitted an Application through the PGRS. 4. The objection raised by the learned Assistant Government Pleader is sustained inasmuch as the Writ Petitioner ought to have submitted the Application under Form-6A. In this view of the matter, the Writ Petitioner is directed to submit a fresh Application in accordance with the statute. In order to enable the Writ Petitioner to make a fresh Application under Form-6A, the impugned Endorsement issued by the Tahsildar, Vijayawada Rural Mandal (Respondent No.4) dated 02.07.2024 (Ex.|^.1) is set-aside. 5. 3 Needless to state that upon receipt of the Application under proper format from the Writ Petitioner, the Official Respondents shall decide the case on merit and in accordance with law within a reasonable time. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. 8. Interlocutory Applications, if any, stand closed in terms of this order. SDI- K SRINIVASA RAJU ASSISTANT REGISTRAR SECTIOTOFFICER 1. State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, N.T.R District at Vijayawada. 3. The Revenue Divisional Officer, Nunna, Vijayawada Rural, N.T.R District. 4. The Tahsildar, Vijayawada Rural Mandal N.T.R District 5. One Goto SRI. NIMMAGADDA REVATHI Advocate [OPUC] 6 Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. THREE CD Copies //TRUE COPY// To BKB HIGH COURT BKB DATED:20/02/2025 ORDER ? 19 MAR 2025 ^ ^ Current Section ^*C£^spatcW«5s WP.No.4270 of 2025 s. DISPOSING THE WP WITHOUT COSTS