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High Court of Andhra Pradesh · body

2025 DAILYLAW 9591 (AP)

Chakali Madhu, v. The State of Andhra Pradesh,

WP/5952/2025 · 2025-03-18

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY. THE EIGHTEENTH AMARAV (0 day of march P TWO THOUSAND AND TWENTY FIVE > ') it PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION MQ: 5952 pF NIMMAGADDA Between; Chakali Madhu, S/o. Chakali Door No. 41-320-16 District. Lingaiah, Aged about 50 Mudumakagurthi Village, Kodumur years, Resident of Mandal, Kurnool -.PETITIONER AND Department, A.P. Secretariat, Velagapudi, Amaravathi. 2. The Collector and District Magistrate 3. The Revenue Divisional Officer, District. 4. The Tahsildar, Kodumur Mandal . Kurnool, Kurnool District. Kurnool Revenue Division, Kurnool Kurnool District. ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith be pleased to issue an praying that in the High Court may or direction of Writ of Mandamus declaring the inaction of more particularly Respondent No. appropriate Writ, Order more particularly one in the nature the Respondents the Petitioner's 4 in not acting upon mutation of Ac. 3-86 . Kodumur Mandal representation dated 17.07.2023 for in Sy. No.489 of Mtidumalagurthy Village as illegal, arbitrary, and violative cents of land i Kurnool District of Article 14, 19 and 21 r.;;:r “r'" •“ ttadhar Pass Books in my favor within of the Constitution of India, /■ -cum- a stipulated time frame. 'pi! lA NO: 1 OF 2()9fi Petition under Section 151 GPC stated in the affidavit fiied in support ,of the petition, the High Court may be pleased to direct the respondents,to consider the representation submitted by the petitioner dated 17.07.2023 for mutation of revenue records extent of Ac. 3-86 cents of land in Sy. No. 489 of Mudumalagurthy Village, Kodumur Mandal, Kurnool District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI PATHI SIVA Counsel for the Respondent Nos.1 to 4: The Court made the following: ORDER i praying that in the circumstances f an PRASAD ^ GP FOR REVENUE 4 APHC010106292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] r- TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5952/2025 Between: ...PETITIONER Chakali Madhu AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.PATH1 SIVA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: “to issue an appropriate Writ Order or direction more particulariy one in the nature of Writ of Mandamus declaring the inaction of the Respondents more particulariy Respondent No.4 in not acting upon the Petitioner’s representation dated 17.07.2023 for mutation of Ac 386 cents of land in Sy.No 489 of Mudumalagurthy Village Kodumur Mandal Kurnool District as illegal arbitrary and violative of Article 14 19 and 21 of the Constitution of India contrary to the principles of natural justice and consequently to direct the Respondent issue Title Deed cum Pattadhar Pass No 4 to Books in my favor within a stipulated time frame and to orders...” pass such other order or 2. The learned counsel for the petitioner the absolute owner and extent of Ac. 3-86 cents i Kodumur Mandal, Kurnool District from his paternal grandfather. The the 4*' respondent on 17.07.2023 and 23.10.2024 mutation of his name in the revenue records and for the i deed-cum-pattadar passbook. However mutation applications/representations dated the respondent authorities have neither the petitioner nor initiated petitioner. Hence, the present writ petition. submits that the petitioner is possessor of agricultural land admeasuring to an in Survey No. 489 of Mudumalagurthy Village having acquired the subject property petitioner submitted representations to requesting for the issuance of a title despite receiving the petitioner's 17.07.2023 and 23.10.2024, considered the representation of any mutation proceedings in favor of the 3. On the other hand, the learned Government appearing for the respondents, furnished 15.03.2025 wherein it is stated as follows:- Pleader for Revenue, written instructions dated (1) Further it is submitted that certificate, it is noted that the petitioner Linganna, Pullanna have as per Encumbrance father Chinna grandfather registered mortgaged to Jagataavu Sarawathee bai vide document no.andyear 1711/1969. Pedda Linganna, Moddiletty, (2) Therefore it is submitted that the writ petitioners is not submitted any registered partition deed along the family members regarding the land to an extent of Ac. 3.86 cents in Sy.No.489 of Mudumulagurthy village of Kodumur mandal and not cancel the register mortgaged No.1711/1969. In this regard, there is discrepancy occurred for process of mutation in favour of the petitioner. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. 4. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the petitioner to submit an application in Form N0.6A seeking for mutating his name in the revenue records, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of the said representation/application, the respondents shall consider the and, after issuing notice to the other legal heirs of the petitioners paternal grandfather and any other stakeholders, including those claiming rights by way of tenancy, encroachment, or occupation, and after having detailed enquiry. Thereafter, the respondents shall pass appropriate orders within a period of three (03) months, in accordance with the law. same With the above direction, the writ petition is disposed of. There shall 6. be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- J. SAROJA assistant registrar //TRUE COPY// SECTION OFFtCER To, The Principle Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi. The Collector and District Magistrate, Kurnool, Kurnool District. The Revenue Divisional Officer, Kurnool Revenue Division, Kurnool District. The Tahsildar, Kodumur Mandal, Kurnool District. One CC to Sri Pathi Siva Prasad, Advocate [OPUC]- Two CCs to GP for Revenue,’High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. ssb HIGH COURT DATED; 18/03/2025 ORDER WP.No.5952 of 2025 S 03 APR 2025 S ^ COj ^ . Current Section . "y DISPOSING OF THE W.P. WITHOUT COSTS