Extracted from the PDF above. The PDF is authoritative.
I N IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4770 OF 2025 Between: Yerramsetty Chakram, s/o Govindarajulu, aged about 48 years Occ: Agriculture, R/o Kattipudi village Shankavaram Mandal Kakinada District erstwhile East Godavari District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep, by its principal secretary Revenue dept, secretariat, Velagapudi Amaravati Guntur district. The District Collector, Kakinada District erstwhile. East Godavari District. 2. 3. The Revenue Divisional Officer, Kakinada, Revenue Division Kakinada District. 4. The Tahsildar, Shankavaram mandal Kakinada District erstwhile East Godavari District. 5. Prattipadu Srihari, s/o (Late) Venkata Subba Rao, aged about 55 years Occ Agriculture, R/o Kakinada village and Mandal Kakinada District erstwhile East Godavari District. Nidadavolu Padmaraju, s/o Rayudu aged about 74 years Occ Agriculture, R/o Samarlakota Village and Mandal Kakinada District erstwhile East Godavari district. 6.
...Respondents
Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to a Writ order or direction more particularly Writ of Mandamus to declare the inaction of the to may one in the nature of consider the petitioner representation dt 28.03.2024 to mutate the petitioner names in the petitioners ancestral joint family schedule land in Sy.no.26/1 for an extent of A.C 1.78 cents in Sy.no.27 for an extent of A.C .4.10 cents in Sy.no.29 for an extent of A.C .9.72 cents in Sy.no.30 for an extent of A.C 5.02 cents in Sy.no.31 for an extent of A.C 4.52 in Sy.no.32 for an extent of A.C 15.2 cents in Sy.no33/1 for an extent of A.C .4.72 cents in Sy.no.215 for extent of A.C .4.22 cents in Sy.no.208 for an extent of A.C .3.07 cents i Sy.no.214 for an extent of A.C .10.3 an in cents for total extent of Ac.55.00 approximately at Kattipudi village Shakavaram Mandal Kakinada erstwhile East Godavari District highly illegal arbitrary violation of Articles 14,21 and 300 (A) of the Constitution of India District and also violation of the ROR Act and also violation of the principles of natural justice consequently direct the Respondents to consider the petitioner mutate the petitioner names land in Sy.no.26/1 for representation dt 28.03.2024 to in the petitioner^ ancestral joint family schedule an extent of A.C 1.78 cents in Sy.no.27 for an extent of A.C .4.10 cents in Sy.no.29 for an extent of A.C .9.72 cents in Sy no 30 for an extent of A.C 5.02 cents in Sy.no.31 for an extent of A.C 4.52 in Sy.no.32 for an extent of A.C 15.2 cents in Sy.no.33/1 for an extent of A.C .4.72 cents in Sy.no.215 for an extent of A.C .4.22 cents in Sy.no.208 for an extent of A.C .3.07 cents in issue Sy.no.214 for an extent of A.C .
for total extent of Ac.55.00 10.3 cents approximately at Kattipudi village Shakavaram Mandal Kakinada District erstwhile East Godavari District. lA NO: 1 OF 7()7fi Pehbon 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 to consider the petitioner representation
dt 28.03.2024 to mutate the petitioner joint family schedule land names in the petitioner’s ancestral in Sy.no.26/1 for an extent of A.C 1.78 cents in Sy.no.27 for an extent of A.C .4.10 cents in Sy.no.29 for an extent of A.C .9.72 cents in Sy.no.30 for an extent of A.C 5.02 cents in Sy.no.31 for an extent of A.C 4.52 in Sy.no.32 for for an extent of A.C .4.72 cents in Sy.no.208 for an extent of A.C .3.07 cents in Sy.no.214 for an extent of A.C .10.3 cents for total extent of Ac.55.00 approximately at Kattipudi village Shakavaram Mandal Kakinada District erstwhile East Godavari District. an extent of A.C 15.2 cents in Sy.no.33/1 in Sy.no.215 for an extent of A.C .4.22 cents Counsel for the Petitioner; SRI. V VIJAYA VARDHAN Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order:
& APHC010085742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4770/2025 Between: ...PETITIONER Yerramsetty Chakram AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.VVIJAYAVARDHAN Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
IP > r THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4770/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:
“to a Writ,
order or direction more particularly one In the nature of Writ of Mandamus to declare the inaction of the respondents to consider the petitioner representation dt.28.03.2024 to mutate the petitioner names in the petitioners ancestral joint family schedule land in Sy.no 26/1 for an extent of Ac.1.78 cents, in Syno 21 for an extent of Ac.4.10 cents, in Sy.no.29 for an extent of Ac.9.72 cents, in Syno.30 for an extent of Ac.5.02 cents, in Syno.31 for an extent of Ac.4.52 cents, in Syno.32 for an extent of Ac. 15.2 cents, in Syno.33/1 for an extent of Ac. 4.72 cents, in Syno.215 for an extent of Ac.4.22 cents, in Syno.208 for an extent of Ac.3.07 cents, in Syno.214 for an extent of Ac. 10.3 cents for total extent of Ac. 55.00 approximately at Kattipudi village, Shakavaram Mandal, Kakinada District, erstwhile East Godavari District is highly Illegal, arbitrary, violation of Articles 14 21 and 300(A) of the Constitution of India and also violation of the ROR Act and also violation of the principles of natural justice and consequently direct the Respondents to consider the petitioner representation dt.28.03.2024 to mutate the petitioner names in the petitioners ancestral joint family schedule land in Sy.no 26/1 for an extent of Ac.1.78 cents, in Syno 27 for an extent of Ac.4.10 cents, in Syno.29 for an extent of Ac.9.72 cents, in Syno.30 for an extent of Ac.5.02 cents, in Syno.31 for an extent of Ac.4.52 cents, in Syno.32 for an extent of Ac.15.2 cents, in Syno.33/1 for an
extent of Ac. 4.72 cents, in Sy.no.215 for an extent of Ac.4.22 cents, in Sy.no.208 for an extent of Ac.3.07 cents, in Sy.no.214 for an extent of Ac.10.3 cents for total extent of Ac.55.00 approximately at Kattipudi village, Shakavaram Mandal, Kakinada District, erstwhile East Godavari District and pass such other order or orders....” Heard
learned counsel for the petitioner and learned Government
2. Pleader for Revenue for the respondents.
Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the joint ancestral lands admeasuring to an extent of Ac. 1.78 cents in Sy.No 26/1, an extent of Ac.4.10 cents in Sy.No 27, an extent of Ac.9.72 cents in Sy.No.29, an extent of Ac.5.02 cents in Sy.No.30, an extent of Ac.4.52 cents in Sy.No.31, an extent of Ac. 15.2 cents in Sy.No.32, an extent of Ac.4.72 cents in Sy.No.33/1, an extent of Ac.4.22 cents in Sy.No.215, an extent of Ac.3.07 cents in Sy.No.208, an extent of Ac.10.3 cents in Sy.No.214, totaling to an extent of Ac.55.00 cents approximately situated at Kattipudi village, Shakavaram Mandal, Kakinada District, erstwhile East Godavari District having acquired the same from his
3. ancestors. Since the date of his acquisition from his ancestors, the petitioner has been in peaceful possession and enjoyment of the subject lands without there being any interference or hinderance. Later the petitioner herein submitted a representation dated 28.03.2024 to the respondents seeking for mutation of his name in respect of the lands in Sy.Nos.32, 29, 31, 26, 27, (K- 11)(1-09) situated at Kattipudi village, Shakavaram Mandal, Kakinada District. t-
r' vV Even after receipt of the said representation, the respondents neither considered the same nor passed any orders. Hence the writ petition. On the other hand, learned Government Pleader for the respondents
4. submits that the representation dated 28.03.2024 submitted by the petitioner do not contain any extent of lands in each survey number and how he acquired the property and the documents held by the ancestors which were already mutated as pattadars are not submitted to process the same as required. He further submits that let there be a direction to the petitioner to submit a representation/ application in Form-6A with all the details and substantiate the evidence proving his title through his predecessors over the subject properties. After such submission, the respondents will certainly consider the same and will pass appropriate orders in accordance with law. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, without going into the merits of the case, this Court is of the considered view that the present writ petition can be
disposed of, directing the petitioner to submit an application in Form-6A to the respondents along with all the required documents proving his title through his predecessors within a period of four (04) weeks from the date of receipt of a copy of this order. On receipt of such representation and after conducting enquiry and after providing opportunity of hearing to the petitioner as well as other stake holders if any, the respondents are directed to consider the same and pass appropriate orders within a period of four (04) months, thereafter.
5.
.1 the above directions, the writ petition is disposed of. There shall be
6. With no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
Sd/- N. NAGAMMA assistant registrar / ^ % //TRUE COPY// I SECTION OFFICER To,
1. The principal secretary Revenue dept. State of Andhra Pradesh, Secretariat, Velagapudi Amaravati Guntur district.
2. The District Collector, Kakinada District erstwhile. East Godavari District.
3. The Revenue Divisional Officer, Kakinada, Revenue Division Kakinada District.
4. The Tahsildar, Shankavaram mandal Kakinada District erstwhile East Godavari District.
5. One CC to Sri. V Vijaya Vardhan Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
7. Three CD Copies GSC
HIGH COURT DATED:03/03/2025
ORDER WP.No.4770 of 2025 X 1 7 MAR 2025 ^ ■iv ^ . Current Section m.
DISPOSING OF THE WP WITHOUT COSTS