APHC010090322021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5348/2021 Between: 1. KARETI GOPALA REDDY, S/O SUBBA REDDY' AGED ABOUT 62 YEARS, OCC AGRICULTURIST RIO JANGALADARUVU VILLAGE. SARGARR. MANDAL SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDING. SECRETARIAT. VELAGAPUDI, GUNTUR DISTRICT, 2. THE DISTRICT COLLECTOR, SPSR NELLORE, SPSR NELLORE DISTRICT,. 3. THE TAHASIIDAR, , SANGAM MANDL, SPSR. NELLORE DISTRICT ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 here in not entering the petitioners name in the revenue records in respect of lands in total an extent of Ac 18.57 cents in the survey no. 462 an extent of 4.62 cents, In survey no. 544 extent of Ar 3.90cents, In survey no.555 in Ac 5 59 cents in survey no.549 an extent of Ac 4.46cents of Jangaladaruvu village, Sangam Mandal SPSR Nellore District is illegaL arbitrary, violative of Articles 14, 16 and 21 of the Constitution of India and 2 consequentially direct the respondents 2 and 3 here in to take necessary steps for the correction of the revenue records in respect of the petitioner lands and pass IA NO: 1 OF 2021 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 pleased to direct the respondents here to issue pattadar passbook and title deed by entering the name of the petitioner in the revenue records in respect of lands in total an extent of Ac 18.57 cents in the survey no. 462 an extent of 4.62 cents, In survey no, 544 extent of Ac 3.90 cents, In survey no.555 in Ac 5.59 cents, in survey no.549 an extent of Ac 4.46cents at Jangaladaruvu, Sangam Ma.ndal SPSR Neilore D;strict pending disposal of Writ Petition, and to pass IA NO: 1 OF 2024 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 pleased to grant leave to the Respondent No.3 to file counter affidavit Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.2 & 3 in not entering the petitioner’s name in the revenue records in respect of lands in a total extent of Ac.18.57 cents in Sy.No.462 an extent of Ac.4.62 cents, in Sy.No.544 Ac.3.90 cents, in Sy.No.555 Ac.5.59 cents, in Sy.No.549 Ac.4.46 cents of Jangaladaruvu village, Sangam Mandal, SPSR Nellore District. 3. The learned counsel for the petitioner submits that, the petitioner’s name was reflected in the revenue records showing his peaceful possession in the above said land. But when there was an interference by the third parties, he filed O.S.No.29 of 2013 on the file of Principal Junior Civil Judge, Kovur, SPSR Nellore District seeking injunction restraining them from interfering with peaceful possession and enjoyment and also filed I.A. No.127 of 2013 seeking temporary injunction and the same is pending. Initially the trial court granted temporary injunction against the defendants therein and they filed appeal before the Principal District Court pending the CMA the above suit was dismissed for non-prosecution by order dated 27.11.2017. The petitioner made a representation before the 2nd and 3rd respondents in the grievance cell on 31.08.2025 and on 08.10.2019. When it was not considered, the petitioner filed W.P. 21459 of 2019 to consider the 4 representation dated 08.10.2019 for entering the name of the petitioner in the revenue records in respect of the above said survey numbers for the above said extents. The same was disposed of by its order dated 08.01.2020 directing the 3rd respondent herein to consider the above said representations and pass appropriate orders strictly in accordance with law within 8 weeks from the date of receipt of the said order. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents relying upon the counter of the 3rd respondent submits that in the subject land in an extent of Ac.4.62 in Sy.No.462 is classified as patta land registered in the name of Padigireddy Venkata Subbaiah with patta No.23, an extent of Ac.3.90 in Sy.No.544 is classified as patta land registered in the name of Padigireddy Venakata Subbaiah, Kareti Kondareddy with patta No.204, an extent of Ac.5.59 in Sy.No.555 is classified as patta land registered in the name of Padigireddy Venkata Subbaiah and an extent of Ac.4.46 in Sy.No.549 is classified as patta land registered in the name of Vadlamani Venkata Subbaiah and 4 others as per the RSR of the village. It is utterly false to say that the land is under the petitioner’s possession and enjoyment without any interruption whatsoever. The subject land is under the possession and enjoyment of the following persons. Sl. No. Full extent Classi- fication Khata No. Name of the pattadar Name of the enjoyer Extent under enjoyment Nature of the enjoyment 1 4.62 Patta 206 Yeduru Bhaskar Yeduru Bhaskar 0.20 Ancestral 5 682 Kalapati Mythili Kalapati Mythili 1.00 RSD Purchase 1059 Kaku Madhurya Kaku Madhurya 2.42 RSD Purchase 1237 Kandula Mayuri Kandula Mayuri 1.00 Ancestors 2 3.90 Patta 584 Kaku Varun Kaku Varun 3.90 Own 3 13.37 Patta 585 Visweswara Estates Pvt. Ltd. (Visweswara Estates Pvt. Ltd.) Visweswara Estates Pvt. Ltd. (Visweswara Estates Pvt. Ltd.) 12.87 Own 400001 Sri Sri 0.50 - 4 5.59 Patta 314 Vallabayi Krishna Murthy Kaku Kishore 5.59 Own 5. The petitioner himself admitted that he filed O.S.No.29 of 2013 on the file of Principal Junior Civil Judge, Kovur, SPSR Nellore District and the same is pending and I.A. No.127 of 2013 seeking interim injunction is also pending which confirms that a serious civil dispute is involved with regard to the subject land between Kareti Gopal Reddy (writ petitioner herein) and Kaku Venkataramireddy and 6 others. In the said suit, the respondent authorities are not defendants therein. The entries in the revenue records can only be corrected in conformity with the judgment and decree of the competent civil court that may be passed in respect of the rights of the parties. Without seeking comprehensive relief before the civil court, the writ petitioner herein without having any valid documents, filed earlier W.P.No.21459 of 2019 with a prayer to consider the representation dated 08.10.2019 for mutation of his name in the revenue records in respect of the subject land. The said writ petition was disposed of vide order dated 08.01.2020 which reads as under: 6 “In that view, this writ petition is disposed of directing the 3rd respondent to consider the aforesaid representations and pass an appropriate order strictly in accordance with law with eight (8) weeks from the date of receipt of a copy of this order.” 6. In pursuance of the same, the then Tahsildar issued notice dated 28.08.2020, verified the records and found that there is a dispute involved with regard to this land in between the two parties. Hence, issued orders dated 25.03.2020 to settle this issue by approaching the competent civil court. Accordingly, the then Tahsildar complied with the orders of this court dated 08.01.2020. Since 1998 till date the writ petitioner did not file any suit before the competent civil court for cancellation of the above said registered deeds to prove his right and title over the land. Since the subject land is under the possession and enjoyment of the others as stated supra and as the enjoyers got the land through the registered documents/ inheritance, their names were mutated in the revenue records. The subject land is purely a patta land and there is a serious civil dispute between the writ petitioner and others. Unless the writ petitioner obtains necessary comprehensive relief in the civil court, the 3rd respondent herein will not be in a position to mutate his name in the revenue records over the subject land. 7. In view of the above said facts and circumstances, as the petitioner does not satisfy the prima-facie right to be entitled for mutation, at this stage this writ petition cannot be entertained. However, the petitioner is at liberty to approach the competent civil court for assertion of his rights over the subject 7 lands and upon successful of the same, he can approach the revenue authorities concerned for mutation of his name in respect of the subject land, if he is otherwise entitled as per law. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 07.08.2025 NNN