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2025 DAILYLAW 8395 (AP)

Vasamsetty Nookaratnam, v. The State of Andhra Pradesh,

WP/4665/2025 · 2025-02-25

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE •t PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos: 4665 AND 4666 OF 2025 WRIT PETITION NO: 4665 OF 2025 Between: 1. Vasamsetty Nookaratnam, W/o. Venkataramana Murthy aged 60 years, Occ; Cultivation, R/o. 21-29/2, Vimana- Nagar, Gopalapatnam Village and Mandal, Visakhapatnam District. 2. Patnala Apparao, S/o. Chinna Appanna, aged 62 years, Occ: Cultivaiton, R/o. 16-210/2, Gopalapatnam Village and Mandal, Visakhapatnam District. 3. Patnala Kanakaraju, S/o. Chinna Appalanaidu, aged 63 years, Occ: Cultivation, R/o. 16-210, Gopalapatnam Village and Mandal, Visakhapatnam District. 4. Patnala Venkataramana, S/o.Late Peddaiah, aged 56 years, Occ: Cultivation, R/o. 16-217, Gopalapatnam Village and Mandal, Visakhapatnam District. 5. S. Manorama, W/o. Narsinga Rao, aged 78 years, Occ: Cultivation, R/o. 3-141, Sarada Nagar, Kothuru Anakapalli Mandal, Visakhapatnam District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District at Visakhapatnam. 3. The Joint Collector, Visakhapatnam District at Visakhapatnam. 4. The Revenue Divisional Officer, Visakhapatnam Revenue Division Visakhapatnam District. 5. The Tahsildar, Gopalapatnam Mandal, Gopalapatnam, Visakhapatnam 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents more particularly 5'^ Respondent in not considering petitioners Application (under Form VI -A) and representation dated 08.01.2025 submitted for granting e- Pattadar Passbook-Cum-Title Deed and for mutation in online web land record of rights such as Pattadar Adangal / Pahani and 1-B Register etc., connected to their agricultural landed properties admeasuring an extent of Ac. 2.78 Cents comprising Ac. 0.62 Cents and Ac. 2.16 Cents respectively covered by Sy. No's 58/1, 58/3 of Gopalapatnam Village and Mandal of Visakhapatnam District in their favour as illegal, irregular, irrational, amounts to non-discharge of legal obligation conferred on them, under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents particularly Respondents 4 and 5 to grant E-Pattadar Passbook- Cum-Title Deed and mutate in online web land record of rights connected to petitioners said land in their favor. iA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents more particularly 5*^ Respondent to consider and initiate necessary action on their application (under Form VI - A) and representation dated 08.01.2025 submitted for granting e- Pattadar Passbook-Cum-Title Deed and mutation in online web land record of rights such as Pattadar Adangal / Pahani and 1-B Register etc., connected to their agricultural landed properties admeasuring an extent of Ac. 2.78 Cents comprising Ac. 0.62 Cents and Ac. 2.16 Cents respectively covered by Sy. No’s 58/1,58/3 of Gopalapatnam Village and Mandal of Visakhapatnam District in their favor, pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI SITA RAM CHAPARLA Counsel for the Respondents: SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE WRIT PETITION NO: 4666 OF 2025 Between: 1. Vasamsetty Nookaratnam, W/o. Venkataramana Murthy aged 60 years, Occ; Cultivation, R/o. 21-29/2, Vimana-Nagar, Gopalapatnam Village Mandal, Visakhapatnam District. 2. Patnala Apparao, S/o. Chinna Appanna, aged 62 years, Occ: Gopalapatnam Village Mandal, Cultivation, R/o. 16-210/2, Visakhapatnam District. 3. Patnala Kanakaraju, S/o. Chinna Appalanaidu, aged 63 years, Occ: Cultivation, R/o. 16-210, Gopalapatnam Village Mandal, Visakhapatnam District. 4. Patnala Venkataramana, S/o. Late Peddaiah, aged 56 years, Occ: Cultivation, R/o. 16-217, Gopalapatnam Village Mandal, Visakhapatnam District. 5. S. Manorama, W/o. Narsinga Rao, aged 78 years, Occ: Cultivation, R/o. 3-141, Sarada Nagar, Kothuru Anakapalli Mandal, Visakhapatnam District. ...PETITIONERS AND 1. The State of AP, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Inspector General, Registration and Stamps Department, 5-59 R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Krishna District. 3. The District Collector, Visakhapatnam District at Visakhapatnam. 4. The District Registrar, Visakhapatnam District at Visakhapatnam. 5. The Sub Registrar, Gopalapatnam Village Mandal Visakhapatnam District. 6. The Revenue Divisional Officer, Visakhapatnam Revenue Division Visakhapatnam District. 7. The Tahsildar, Gopalapatnam Mandal, Gopalapatnam, Visakhapatnam 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 inaction of Respondents on petitioners representation dated. 08.01.2025, submitted for deleting petitioners agricultural landed properties admeasuring an extent of Ac. 2.78 Cents comprising Ac. 0.62 Cents and Ac. 2.16 Cents respectively covered by Sy.Nos 58/1, 58/3 of Gopalapatnam Village and Mandal of Visakhapatnam District from the list of prohibited properties for registrationunder Section 22-A of the Registration Act, 1908, as illegal, irregular, irrational, amounts to non discharge of legal obligation conferred on them under the provisions of Registration Act, 1908 Rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondents to delete Petitioners said lands from the list of Prohibited Properties for registration. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to consider petitioners’ representation dated 08.01.2025, submitted for deleting their agricultural landed properties admeasuring an extent of Ac. 2.78 Cents comprising Ac. 0.62 Cents and Ac. 2.16 Cents respectively covered by Sy. No’s 58/1, 58/3 of Gopalapatnam 0^ Village and Mandal of Visakhapatnam District from the list of prohibited properties for registration under Section 22-A of the Registration Act, 1908, pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI SITA RAM CHAPARLA Counsel for the Respondent Nos.1, 3, 6 & 7: SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE Counsel for the Respondent Nos.2, 4 & 5 : GP FOR STAMPS & REGISTRATION The Court made the following: COMMON ORDER 1 APHC010089992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos: 4665 & 4666 of 2025 W.P.No.4665 of 2025: Between; 1.VASAMSETTY NOOKARATNAM,, W/0. VENKATARAMANA MURTHY AGED 60 YEARS, OCC CULTIVATION, RIO. 21-29/2, VIMANA- NAGAR, GOPALAPATNAM VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 2.PATNALA APPARAO,, S/0. CHINNA APPANNA, AGED 62 YEARS, OCC CULTIVAITON, RIO. 16-210/2, GOPALAPATNAM VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 3.PATNALA KANAKARAJU,, S/O. CHINNA APPALANAIDU, AGED 63 YEARS, OCC CULTIVATION, R/0. 16-210, GOPALAPATNAM VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 4.PATNALA VENKATARAMANA,, S/O.LATE PEDDAIAH, AGED 56 YEARS, OCC CULTIVATION, R/O. 16-217, GOPALAPATNAM VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 5.S. MANORAMA,, W/0. NARSINGA RAO, AGED 78 YEARS, OCC CULTIVATION, RIO. 3-141, SARADA NAGAR, KOTHURU ANAKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. f 2 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3.THE JOINT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 4.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM REVENUE DIVISION VISAKHAPATNAM DISTRICT. 5.THE TAHSILDAR, GOPALAPATNAM MANDAL, GOPALAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.SITARAM CHAPARLA Counsel for the Respondent(S): 1.GPFOR REVENUE W.P.No.4666 of 2025: Between: 1.VASAMSETTY NOOKARATNAM, W/0. VENKATARAMANA MURTHY AGED 60 YEARS, OCC CULTIVATION, R/0. 21-29/2, VIMANA- NAGAR, GOPALAPATNAM VILLAGE MANDAL, VISAKHAPATNAM DISTRICT. 2.PATNALA APPARAO, S/0. CHINNA APPANNA, AGED 62 YEARS,OCC CULTIVAITON, R/0. 16-210/2, GOPALAPATNAM VILLAGE MAN DAL, VISAKHAPATNAM DISTRICT. 3.PATNALA KANAKARAJU, S/0. CHINNA APPALANAIDU, AGED 63 YEARS, OCC CULTIVATION, R/0. 16-210, GOPALAPATNAM VILLAGE MANDAL, VISAKHAPATNAM DISTRICT. 4.PATNALA VENKATARAMANA, S/0. LATE PEDDAIAH, AGED 56 YEARS, OCC CULTIVATION, R/0. 16-217, GOPALAPATNAM VILLAGE MANDAL, VISAKHAPATNAM DISTRICT. 5.S. MANORAMA, W/0. NARSINGA RAO, AGED 78 YEARS, OCC CULTIVATION, R/0. 3-141, SARADA NAGAR, KOTHURU ANAKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 3 1.THE STATE OF AP. REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE COMMISSIONER AND INSPECTOR GENERAL, REGISTRATION AND STAMPS DEPARTMENT, .5-59 R.K.SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU MANDAL, VIJAYAWADA, KRISHNA DISTRICT. . 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 4.THE DISTRICT REGISTRAR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 5. THE SUB REGISTRAR, GOPALAPATNAM VILLAGE MANDAL VISAKHAPATNAM DISTRICT. 6.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM REVENUE DIVISION VISAKHAPATNAM DISTRICT. 7.THE TAHSILDAR, GOPALAPATNAM MANDAL, GOPALAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.SITARAM CHAPARLA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following; ORAL COMMON ORDER: Heard Sri Sita Ram Chaparla, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue and Registration & Stamps. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written instruction in W.P.No.4666 of 2025 furnished by the Collector, Visakhapatnam dated 20.02.2025. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has also 2. p 4 submitted the Written Instruction in W.P.No.4665 of 2025 furnished by the Tahsildar of Gopalapatnam. Copies of it are served on the Counsel for the Writ Petitioners as well and the same are taken on record. 3. W.P.No.4666 of 2025 is filed challenging the inaction on the part of the District Collector, Visakhapatnam (Respondent No.3) in considering the Application of the Writ Petitioners dated 08.01.2025 (Ex.P.1) for deleting the subject property of the Writ Petitioners from the Prohibited Properties List under Section 22A of the Registration Act. W.P.No.4665 of 2025 is filed by the same Writ Petitioners, seeking a direction to the Tahsildar, Gopalapatnam Mandal (Respondent No.5) to consider the Form-6A Application dated 08.01.2025 in respect of the subject property. 4. It is noticed that the subject property in both the Writ Petitions is one and the same. Therefore, until the District Collector, Visakhapatnam, considers and disposes of the Application submitted under Section 22A of the Registration Act dated 08.01.2025, the consideration by the Tahsildar, Gopalapatnam, for mutation, as projected in W.P.No.4665 of 2025, does not arise. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of W.P.No.4666 of 2025, at the admission stage, without going into the merit, with a direction to the District Collector, Visakhapatnam (Respondent No.3) to consider the Application of the Writ Petitioners dated 08.01.2025 (Ex.P.1) and pass a Speaking Order in accordance with law within a period of 16 weeks from today and communicate a copy of such Order to the Writ Petitioners forthwith. 5. 6. Needless to state that the District Collector (Respondent No.3) is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to the Writ Petitioners, consider their submissions/objections and documents, if any, before passing the final Order. With these observations and directions, W.P.No.4666 of 2025 is disposed of. No order as to costs. 7. Learned Counsel for the Writ Petitioners would submit that until the District Collector, Visakhapatnam, disposes of the Application submitted by the Writ Petitioners under Section 22Aof the Registration Act, the consideration of the Application of the Writ Petitioners by the Tahsildar does not arise and therefore, seeks to withdraw W.P.No.4665 of 2025, with liberty to file an appropriate Application before the Tahsildar, Gopalapatnam Mandal, depending upon the outcome in the Application submitted before the District Collector, Visakhapatnam, under Section 22Aofthe Registration Act. 8. Accordingly, W.P.No.4665 of 2025 is dismissed as withdrawn, as indicated above. No order as to costs. 9. 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTI OFFICER To. ^ P'''ncipal Secretary to Government, Revenue Department, State of AP, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Inspector General, Registration and Stamps Department, 5-59 R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, Krishna District. 3. The District Collector, Visakhapatnam District at Visakhapatnam. 4. The District Registrar, Visakhapatnam District at Visakhapatnam. 5. The Sub Registrar, Gopalapatnam Village Mandal Visakhapatnam District. 6. The Revenue Divisional Officer, Visakhapatnam Revenue Division Visakhapatnam District. ^ DiSrict^^'**^^^’ Mandal, Gopalapatnam, Visakhapatnam 8. One CC to Sri Sita Ram Chaparla, Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. lO.-^o CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] 11. Three C.D. Copies. Cnr [OUT] f HIGH COURT CNR DATED:25/02/2025 COMMON ORDER WP.Nos.4665 and 4666 of 2025 DISMISSING THE WP No.4665 of 2025 AS WITHDRAWN & DISPOSING OF THE WP No.4666 of 2025 WITHOUT COSTS