IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6360 OF 2020 Between: Ramisetty Rama Rao, S/o Venkateswarlu, Hindu, aged about 54 years, Ramisetty Veera Sankara Rao, S/ o Rama Rao, Hindu, aged about 34 years, Ramisetty Amarendra Kumar, S/o Late Koteswara Rao, Hindu, aged about 14 being minor represented by his paternal uncle Ramisetty Rama Rao, Hindu, aged about 54 years. 1. 2. 3. All are residents of Munagapadu Village, Cheruvu madhavaram post, G. Konduru Mandal, Krishna District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Velgapudi, Amaravathi, Guntur District - 522 503 The District Collector, Krishna District, Collectorate Compound, Machilipatnam. The Revenue Divisional Officer, Krishna District, Collectorate Compound, Machilipatnam. The Tahsildhar, G.Konduru Village and Mandal, Krishna District. 2. 3. 4. ...Respondents W r / 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 nfture of Writ of Mandamus declaring the action of R2 and R3 in not "rectifying the entries in revenue records by deleting the words government poramboku and gramakantam by incorporating the words pattaland and ancestral land in respect of Ac.0.55cents in D.No.68/ 3 of Munagapadu Village, G.Koduru Mandal, Krishna District inspite of several requests and inspite of issuing pattadar passbook for title to me showing me as owner and the property as ancestral is arbitrary, illegal being violative of article 21 and 300-A of Constitution of India and consequently direct the respondents to delete the word gramakantam and government and poramboku land as noted in column No.11 and 2, 3 of R.S.R and in adangal for possession and in other revenue records and replace them with words patta land and ancestral for land of Ac.0.55cents in D.No.68/3 of Munagapadu Village, G.Konduru Mandal, Krishna District and direct them not to assign and allot to weaker sections relating the same on government land. ■». ■». lA NO: 1 OF 2020 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 respondents not to take any steps directly or indirectly to evict the petitioner from the land of Ac.0.55cents in D.No.68/ 3 of Munagapadu Village, G.Kondruadu Mandal, Krishna District during the pendency of the Writ Petition before this Hon'ble Court. Counsel for the Petitioner: SRI. ATCHUTUNI RAMA MOHAN RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following order: # APHC010103932020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] S WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6360/2020 Between: ...Petitioners Ramisetty Rama Rao and others AND ...Respondents The State of Andhra Pradesh and others Counsel for the Petitioners: I.Atchutuni Rama Mohan Rao Counsel for the Respondents): 1 .GP for Revenue (AP) The Court made the following order: Heard Sri Atchutuni Rama Mohan Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. Being aggrieved by the inaction of the respondent Nos.2 and 3 in not rectifying the entries in the revenue records in respect of the Ac.0.55 cents in D.No.68/3 of Munagapadu Village, G.Koduru Mandal, Krishna District, the writ petition is filed. The petitioner has sought for a consequential direction to the 2. 2 KM,J W.P.No.6360 of 2020 respondents to delete the word -Gramakantam 'Poramboke land" in column Nos.11 and 2, 3 of RSR and i replace the same with words and “Government” and in the adangal to patta land” and “ancestors land”. 3. The petitioner contends that the property to the petitioners. The father of the from his father, i.e., the grandfather of the petitioners. It i petitioners' grandfather purchased the subject petitioner’s father has gifted the subject petitioner inherited the property is contended that the property vide registered sale deed bearing No.972/1947 from one Kcneru Venkata Ratnam and others. 4. Although the pattadar passbooks after the execution of the registered gift deed were issued in favor of the petitioners the corresponding entries in the to the notice of the revenue records were not affected. Bringing this respondents, the father of the petitioners filed 16.03.2013 and another undated a representation dated representation to the 4‘^ respondent, were never considered by the respondents, present writ petition. However, the said representations which constrained the petitioner to file the 5. In the representation, it was contended that the subject land is classified as gramakantam land. The father of the petitioners sought deletion entry and incorporation of the petitioners has been put to agricultural purposes since time immemorial. of the said name, stating that the subject land 6. Today, when the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has placed instructions received from the 4th respondent-Tahsildar on record a copy of the written dated 23.01.2025. A 3 m.j W.P.No.6360of2020 4 perusal of the same reflect that the subject land is classified as Gramakantam land in the revenue records. Although the property was initially listed under Section 22-A of the Registration Act under the prohibitory list, it was subsequently withdrawn pursuant to the instructions of the Government. r r It is further stated that since Gramakantam lands are reserved only for house plots, and the applicant is using the subject land for agricultural purposes, the mutation has not been effected. Furthermore, the instructions state that the applicant has transferred the property. It is also stated that the document under which the property was transferred in favor of the petitioners is based on a square yard basis. 7. In reply, the learned counsel for the petitioner, referring to the adangal filed along with the writ petition dated 11.11.2012, contends that the extent of the land is shown on an acreage basis. The relevant entries in the Pattadar passbooks classify the subject land as dry land. He thus contends that the shown by the respondents for not acting on the application filed by the petitioner are not sustainable and prays for allowing the writ petition. The learned counsel for the petitioners further submits that since the date of purchase of the subject land by their grandfather in 1947, the subject land has been put to agricultural purposes. However, the Sub-Registrar, for the purpose of registering the subject land, valued it on a square yard basis. Therefore, the petitioners had no other alternative except to mention it in the gift deed on a square yard basis. 8. reasons 9. 4 KM.J W.P.No.6360of2020 10. Considered the rival submissions, before going into the issue raised in the writ petition, it is relevant to refer to the definition of land" as defined under Section 2(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, which reads as follows: “Section 2(4): “Land” means land which is used or is capable of being used for purposes of agriculture, including horticulture but does not Include land used exclusively for non-agricultural purposes;” The definition of "land" was amended with retrospective effect from 29.07.2021. The definition of land, as amended, reads as follows: 11. “Section 2(4): “Land” means all lands, irrespective of its usage, falling within a Village, including Agricultural land, Non-Agricultural land, Gramakantam etc;” Section 4 of the Act specifies that any person acquiring any right by succession, survivorship, inheritance, partition, Government patta, decree of a Court or otherwise, as owner, pattadar, mortgagee, occupant, or tenant of land, and any person acquiring any right as occupant of land by any other method, shall intimate in writing their acquisition of such right to the Tahsildar within 60 days from the date of such acquisition through online submission. 12. 13. After submission of such intimation either online or in-person, the Tahsildar shall determine whether and, if so, in what manner the record of rights may be amended in consequence thereof, and shall carry out the amendment in the record of rights in accordance with such determination. 5 m,j W.P.No.6360of2020 Having regard to the definition of "land" as defined under Section 2(4) of the Act, which includes agricultural land, non-agricultural land, and Gramakantam land. The contention of the respondents that since the land was transferred on a square yard basis and since the land is classified as Gramakantam land, the necessary mutation had not been carried out by them 14. f in the revenue records, is not sustainable. In view of the above, the petitioner is granted liberty to file a fresh application before the revenue officials, seeking incorporation of necessary entries in the revenue records, in terms of the provisions of Section 5 of the 15. Act. The petitioner shall file the application within a period of four weeks from the date of receipt of this order. Thereafter, the 4*'^ respondent shall dispose of the same within a period of three months. th respondent-Tahsildar, dated 16. The written instructions of the 4 23.01.2025 are placed on record. With the above observation, the writ petition is disposed of. There shall 17. be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Velgapudi, Amaravathi, Guntur District- 522 503. 1^% 2. The District Collector, Krishna District, Collectorate Compound, Machilipatnam. 3. The Revenue Divisional Officer, Krishna District, Collectorate Compound, Machilipatnam. 4. The Tahsildhar, G.Konduru Village and Mandal, Krishna District. 5. One CC to Sri. Atchutuni Rama Mohan Rao Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED: 19/02/2025 ORDER WP.No.6360 of 2020 t 19 MAR 2025 ^ . Current ciecuon Ov. DISPOSING OF THE WP WITHOUT COSTS