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2025 DAILYLAW 7868 (AP)

PARASA YESURATNAM v. THE STATE OF ANDHRA PRADESH

WP/4402/2025 · 2025-02-20

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 4402 OF 2025 PRASAD Between: Parasa Yesuratnam, S/o. Aadam, Age 70 years, Occ; Cultivation. R/o. D.No.36-8-36. Nehru Nagar, Woodpeta, Vijayawada, NTR District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to the Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, NTR District at Vijayawada. ‘ 3. The Revenue Divisional Officer, Nunna, Vijayawada Rural, NTR District. 4. The Tahsildar, Vijayawada Rural Mandal, NTR 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 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the endorsements in NTR202401012632/2024 dated 02.07.2024 passed by 4 rejecting the petitioner PGRS application No. NTR202407012 632 dated may respondent in 01.07.2024, submitted for granting E-Pattadar Pass Book-cum-Title Deed and for mutation of petitioner name in ail online web Land Revenue Records being maintained by the respondent for the agricultural land to extent of Ac.2.00 cents out of Ac.7.70 cents covered by Survey No.4 of Nunna Revenue Village in Vijayawada Rural Mandal of NTR District 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 consequently direct the 4 an , as and respondent to issue E-Pattadar Pass Book- cum- Title Deed and mutate his name in online web land record of rights 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 suspend the endorsements in NTR202401012632/2024 dated 02.07.2024 passed by 4*^ respondent in rejecting the petitioner application submitted for granting E-Pattadar Pass Book-cum-Title Deed and for mutation of petitioner name in ail online web Land Revenue Records being maintained by the 4th respondent for the agricultural land to an extent of Ac.2.00 cents out of Ac.7.70 cents covered by Survey No.4 of Nunna Revenue Village in Vijayawada Rural Mandal of NTR consequently direct the respondents to allow his said application. Pending disposal of the main Writ Petition. District and Counsel for the Petitioner :SRI. KISHORE KUMAR KATARI Counsel for the Respondent No’s 1 to 4 : GP FOR REVENUE The Court made the following : order i 1 APHC010081562025 P- 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: 4402/2025 Between: 1.PARASA YESURATNAM, S/O. AADAM, AGE 70 YEARS, OCC CULTIVATION, R/0. D.NO.36-8-36, NEHRU NAGAR, WOODPETA, VIJAYAWADA, NTR DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. PETITIONER 2.THE DISTRICT COLLECTOR, NTR DISTRICT AT VIJAYAWADA. 3.THE REVENUE DIVISIONAL OFFICER, NUNNA, VIJAYAWADA RURAL, NTR DISTRICT. 4.THE TAHSILDAR, VIJAYAWADA RURAL MANUAL, NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.KISHORE KUMAR KATARI Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: 2 ORAL ORDER: A Heard Sri P. Karthi Kiran, learned Counsel appearing on behalf of Sri Kishore Kumar Katari, 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.NTR202407012632, 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. 4. 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. 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.P.1) is ^t-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. 0^ With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. 8. SD/-K SRINIVASA RAJU GISTRAR //TRUE COPY// T assistant SECTION OFFICER 1 The State of Andhra Pradesh, Rep.by its Principal Secretary to the Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. Petitioner 2. The District Collector, NTR District at Vijayawada. Revenue Divisional Officer, Nunna, Vijayawada Rural, NTR District. To, 3. The 4. The Tahsildar, Vijayawada Rural Mandal, NTR District 5. One CC to SRI. KISHORE KUMAR KATARI Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies bkb HIGH COURT BKB DATED:20/02/2025 ORDER WP.No.4402 of 2025 AMDT^ 5 19 MAR 2025 ^ ^ Current Section . DISPOSING THE WP WITHOUT COSTS