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2025 DAILYLAW 9885 (AP)

CHINTALAPATI VENKATA SATYA SURYA RAGHU RAMA RAJU v. THE STATE OF ANDHRA PRADESH

WP/5499/2025 · 2025-03-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5499 OF 2025 Between: 1. Chintalapati Venkata Satya Surya Raghu Rama Raju, S/o. C.S. Raju, Aged about 60 years, R/o Plot No.225 Seethammadhara, Visakhapatnam. North Extension 2. Pericherla Vamshi, S/o. P.Siva Rama Raju, Aged about 35 years, R/o D.No.42/325, Civil lines Raipur, Chattisgarh. 3. .Chintalapati Girija, W/o. C.S. Raju. Aged about 85 No.225, North Extension. Seethammadhara, Visakhapatnam. 4. PericherlaVenkata Ramani, W/o. P.S.R. Raju, Aged about 65 Plot No.225, North Extension. Seethammadhara, Visakhapatnam. years, R/o Plot years, R/o ...PETITIONER’S AND 1. The State of Andhra Pradesh, Represented by its Secretary, (Revenue department). Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District. 3. The Revenue Visakhapatnam District. 4. The Tahsildar, Visakhapatnam Rural Mandal, Visakhapatnam District. Divisional Office (RDO) Bheemunipatnam ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction particularly one in the nature of WRIT OF MANDAMUS Respondent Nos. 2 to 4 in mutating the petitioner's names in the revenue more for inaction of records/Webland register for the land situated in Survey No. 66/3 admeasuring Ac. 0.84 cents under Khata No. 200, and Survey No. 64 admeasuring Ac. 3.42 cents under Khata No. 200, totaling Ac. 4.26 cents, in Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam, Andhra Pradesh as arbitrary, illegal, contrary to the provisions of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 besides being violative of the petitioners rights guaranteed under Article 14, Article 21 and Article 300A of the Constitution of India, 1950. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 2 to 4 to consider the representation of the petitioners dated 28.12.2024 for mutating their names for the land situated in Survey No. 66/3, admeasuring Ac. 0.84 cents under Khata No. 200, and Survey No. 64, admeasuring Ac. 3.42 cents under Khata No. 200, totaling Ac. 4.26 cents, in Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam, Andhra Pradesh. Counsel for the Petitioner: SRI. CKR ASSOCIATES Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: r.-.-Ti? ^ «• APHC010110112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5499/2025 Between: Chintalapati Venkata Satya Surya Raghu Rama Raju and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.CKR ASSOCIATES Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5499/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS for inaction of Respondent Nos. 2 to 4 in mutating the petitioner’s names in the revenue recordsAA/ebland register for the land situated in Survey No. 66/3, admeasuring Ac.0.84 cents under Khata No.200 and Survey No.64, admeasuring Ac. 3.42 cents under Khata No.200, totaling Ac.4.26 cents in Kommadi Village Visakhapatnam Rural Mandal, Visakhapatnam, Andhra Pradesh as arbitrary illegal, contrary to the provisions of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 besides being violative of the petitioners rights guaranteed under Article 14, Article 21 and Article 300-A of the Constitution of India, 1950 and pass such other order or orders....” Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioners submits that the petitioners herein are the absolute owners and possessors of the lands admeasuring to an extent of Ac.0.84 cents situated in Survey No.66/3 under Khata No.200 and Ac.3.42 cents situated in Survey No.64 under Khata No.200, totaling to an extent of Ac.4.26 cents situated in Kommadi Village, Visakhapatnam Rural Mandal, Visakhapatnam, Andhra Pradesh having acquired the same through 3. # a registered sale deeds dated 30.07.2010. Since then, the petitioners herein are in peaceful possession and enjoyment of the subject property and established their respective business entities. While things stood thus, due to financial constraints, the petitioners herein sought to alienate the subject property and the petitioners herein proceeded to execute sale deeds on 04.03.2020 in respect of the subject property. However, despite their absolute ownership over the subject property, the Sub-Registrar refused registration on 30.11.2020, on the ground that the petitioners’ names were not mutated in the revenue records as pattadars. For which, the petitioners herein made several applications requesting for mutation of their names in the revenue records in respect of their respective subject properties as mentioned above. Later, the petitioner herein also made a representation dated 28.12.2024 to the respondent No.4 requesting for mutation into revenue records, which was received by respondent No.4 on 30.12.2024. Even after receipt of the said representation, the respondent No.4 neither considered the same nor passed any orders. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. On the other hand, learned Government Pleader for Revenue submits that in order to mutate the name of the petitioners in the revenue records in respect of the subject properties, the petitioners herein shall make an appropriate application in Form-6A to respondent No.4 through Meeseva by paying requisite fee. Despite the same, the petitioner is not entitled to claim 5. mutation of their names in respect of the subject properties based on the representation submitted by the petitioners. —.”vT-rE» In reply to the submission made by the learned Government Pleader, learned counsel for the petitioner submits that a representation in Form-6A seeking mutation has already been submitted to respondent No.4 through Mee-seva, but the same was not reflected on the portal. 6. Learned Government Pleader appearing for the respondents submits that let there be a direction to the petitioners to submit a fresh application v seeking mutation of their names 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. 7. Flaving 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 petitioners 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 their names 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. 8. 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. 9. With the above directions, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// /T ' SECTION OFFICER To, 1. The Secretary, (Revenue department). State of Andhra Secretariat, Velagapudi, Amaravati, Guntur District. Pradesh, 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Office Visakhapatnam District. 4. The Tahsildar, Visakhapatnam Rural Mandal, Visakhapatnam District. 5. One CC to CKR ASSOCIATES, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra [OUT] 7. Three CD Copies (RDO), Bheemunipatnam, Pradesh. PRK HIGH COURT DATED:05/03/2025 ORDER WP.No.5499 of 2025 Current Section ^^ DISPOSING OF THE W.P. WITHOUT COSTS