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2025 DAILYLAW 8730 (AP)

CHELLUBOINA SRINIVASULU v. THE STATE OF AP

WP/4990/2025 · 2025-03-10

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4990 OF 2025 Between: Chelluboina Srinivasulu, S/o. Suryanarayana (late), Aged 42 years, Occ Agriculture, R/o. Peddireddypalle Village, Varikuntapadu Mandal, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh; Represented by its Principal Secretary, Revenue (Assignment I) Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Joint Collector, SPSR Nellore District, Nellore. 4. The Sub-Collector, Kavali Division, Kavali, SPSR Nellore District. 5. The Tahsildar, Varikuntapadu Mandal, SPSR Nellore 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 an order, writ or direction more particularly in the nature of Writ of MANDAMUS declaring the action of the Respondent in not granting Suomoto Option to the Respondent for mutation/enter the Petitioners name in Revenue Entries/Record of Rights (RoR) in his assigned lands in Sy.No.3-2 (3-2A) to an extent of Ac. 3-00 Cents situated at Vempadu Village, Varikuntapadu Mandal, SPSR Nellore District and not entering the name of the Petitioner as Pattadar/ Owner in revenue records as illegal and unconstitutional and violative of Articles 14, 19 and 300-A of "t" the Constitution and violation of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989and consequently direct the respondents to enter name of the petitioner as Pattadar/Owner in Record of Rights (RoR) in Sy.No.3-2 (3-2A) to an extent of Ac.3-00 Cents situated at Vempadu Village, Varikuntapadu Mandal, SPSR Nellore District. 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 direct the 3'^^ Respondent to take necessary action on the Letters of the 5“" Respondent vide Re.B.03/2024, dated 08-01-2024 and Rc.B.03/2023 dated 05-02-2024 for granting Suomoto Option for mutation/enter the name of the Petitioner as Pattadar/Owner in Record of Rights (RoR) in his assigned lands in Sy.No.3-2 (3-2A) to an extent of Ac. 3-00 Cents situated at Vempadu Village, Varikuntapadu Mandal, SPSR Nellore District. Counsel for the Petitioner; SRI RAMBABU KOPPINEEDI Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER APHC010093722025 w IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4990/2025 Between: ...PETITIONER Chelluboina Srinivasulu AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S) 1.GPFOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:4990/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an order, writ or direction more particularly in the nature of Writ of MANDAMUS declaring the action of the Respondent in not granting Suomoto Option to the 5™ Respondent for mutation/ enter the Petitioner’s name in Revenue Entries/Record of Rights RoR in his assigned lands in Sy.No.32(3-2A) to an extent of Ac.3-00 Cents situated at Vempadu Village, Varikuntapadu Mandal, SPSR Nellore District and not entering the name of the Petitioner as Pattadar/ Owner in revenue records as illegal and unconstitutional and violative of Articles 14, 19 and 300-A of the Constitution and violation of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 and consequently direct the respondents to enter name of the petitioner as Pattadar/ Owner in Record of Rights RoR in SyNo.3-2(3-2A) to an extent of Ac. 3.00 Cents situated at Vempadu Village, Varikuntapadu Mandal, SPSR Nellore District and pass such other order or orders....’’ Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. '7 '■ Learned counsel for the petitioner submits that the petitioner’s father is the absolute owner and possessor of the land admeasuring to an extent of Ac.3.00 cents in Sy.No.3-2(3-2A) situated at Vempadu Village, Varikuntapadu Mandal, SPSR Nellore District having acquired the same through assignment from respondent No.5 on 19.03.1996. Since then, the petitioner’s father has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from any quarter and eking out his livelihood by performing 3. agricultural operations. For which, the revenue authorities mutated the name of the petitioner’s father in the revenue records and also issued pattadar pass book and title deed in favour of the petitioner’s father. Thereafter, the petitioner’s father died on 17.04.2014 leaving the petitioner as legal heir of the subject property. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property. Pursuant to his possession, the petitioner herein tried to submit several representations/ applications under Section 6-A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 seeking to mutate his name in the revenue records and for issuance of pattadar pass book and title deed in his favour through Meeseva/ Grama Sachivalayam. But, the Grama Sachivalayam server is not accepting the subject land in survey number. As such, the petitioner herein submitted several representations to respondent No.5 seeking to mutate his name in the revenue records and requested to issue pattadar pass books and title deeds in his favour. Later, respondent No.5 conducted a detailed enquiry and addressed letters dated 08.01.2024 and 05.02.2024 through respondent No.4 to respondent No.3, who is the competent authority, seeking to grant suo moto option for mutation of his name in the revenue records. Even after receipt of the said letters, respondent No.3 neither considered the same nor passed any orders. Hence, the writ petition. 4. On the other hand, learned Government Pleader for Revenue submits that in order to mutate the name of the petitioner in the revenue records in respect of the subject property, the petitioner herein shall make an appropriate application in Form-6A to respondent No.4 through Mee-seva by paying requisite fee. Despite the same, the petitioner is not entitled to claim mutation of his name in respect of the subject property based on the representations submitted by the petitioner. 5. In reply to the submission made by the learned Government Pleader, learned counsel for the petitioner submits that several representations in Form-6A seeking mutation have already been submitted to respondent No.4 through Mee-seva, but the same were not accepted by the server itself. 6. Learned Government Pleader appearing for the respondents submits that let there be a direction to the petitioner to submit a fresh application seeking mutation of his name in the revenue records in Form- 6A through Mee-seva/AP Online/ Village Secretariats by following proper procedure in terms of G.O.Ms. No.209 dated 14.06.2017 to respondent No.4 by paying requisite fee. On receipt of such application, the respondents will consider the same, within a reasonable time. If the said application in Form-6A was not accepted by the portal, the petitioner is directed to submit a manual application to respondent No.4 seeking to mutate is name in the revenue records and for issuance of pattadar pass book and title deed in his favour. On receipt of such application, the respondents will consider the same, within a reasonable time. 7. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner to make an appropriate application in Form-6A strictly adhering to the provisions of the Andhra Pradesh Land in Pattadar Pass Books Act, 1971 and Rules framed therein from time to time for mutation of his name in the concerned revenue records through Mee Seva/ AP Online/ Village Secretariat and also in terms of G.O.Ms.No.209 dated 14.06.2017 and on payment of requisite fee, within a period of one week from the date of receipt of a copy of this order. On receipt of such application, the respondents are directed to consider the same and pass appropriate orders within a period of two (02) months, thereafter. Further, if the said application in Form-6A was accepted by the portal, the petitioner is at liberty to submit a manual application ventilating his grievance, within a period of one week from the date of receipt of a copy of this order. On receipt of such manual application, the directed to consider the respondents are same and pass appropriate orders within a period of two (02) months, thereafter. 8. With the above directions, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ Sd/- M. SRINIVAS ASSISTANT REGISTRAR ^ //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue (Assignment I) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Joint Collector, SPSR Nellore District, Nellore. 4. The Sub-Collector, Kavali Division, Kavali, SPSR Nellore District. 5. The Tahsildar, Varikuntapadu Mandal, SPSR Nellore District. 6. One CC to Sri Rambabu Koppineedi, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb **> ■ HIGH COURT DATED:10/03/2025 g 09 APR 2025 | ^ . Current Section ORDER o>. WP.No.4990 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS