APHC010214402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11234/2023 Between: 1. M VEERA RAGHAVA CHARI, S/O LATE BRAHMANA CHARI, AGED ABOUT 80 YEARS, R/O D.NO.7-12, SOUTH BAZAR, VINUKONDA, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATHI RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 3. THE MANDAL PARISHAT DEVELOPMENT OFFICER, THRIPURANTHAKAM, PRAKASAM DISTRICT. 4. THE EXTENSION OFFICER, PANCHAYAT RAJ DIVISION, THRIPURANTHAKAM, PRAKASAM DISTRICT. 5. THE MEDIPI GRAM PANCHAYATH, REP. BY PANCHAYATH SECRETARY, MEDIPI, THRIPURANTHAKAM MANDAL, PRAKASAM DISTRICT. 6. OPPICHERLA BRAHMAIAH, S/O MALLAIAH, R/O D.NO.2-6, MEDAPI VILLAGE, THRIPURANTHAKAM MANDAL, PRAKASAM 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 to issue writ of mandamus or any other writ or direction or order declaring inaction of the 2nd respondent in considering the petitioner's p. 2 SRS,J W.P.No.11234 of 2023 representation Dt.08.02.2023 for mutating the petitioner's name in the place of petitioner's father Viz., Brahmana Chari in respect of house bearing D.No.2-6, Medapi Village, Thripuranthakam Mandal, Ongole District in the Gram Panchyath records is illegal and arbitrary and consequently direct the respondents to reconsider the petitioner's representation dt.08.02.2023 and enter petitioner's name and to assign the assessment number in the name of petitioner in respect of house bearing D.No.2-6, Medapi Village, Thripuranthakam Mandal, Ongole District and to pass such IA NO: 1 OF 2023 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 to reconsider the petitioner's representation dt.08.02.2023 and enter petitioner's name and to assign the assessment number in the name of petitioner in respect of house bearing D.No.2-6, Medapi Village, Thripuranthakam Mandal, Ongole District forthwith, pending disposal of writ petition and to pass IA NO: 2 OF 2023 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 implead the proposed respondent as respondent No.6 in W.P.No.11234 of 2023 and also in I.A.No.1 of 2023 Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: p. 3 SRS,J W.P.No.11234 of 2023 :: ORDER :: Heard Sri N. Aswartha Narayana, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 2 and Sri S. Hruthik, learned counsel, representing Sri M. Sudhir, learned standing counsel for respondents 3 to 5. 2. The above writ petition was filed to declare the action of respondent No.2 in not considering the petitioner’s representation dated 08.02.2023, regarding mutating his name in respect of house bearing D.No.2-6, Medapi Village, Thripuranthakam Mandal, Ongole District, in the Gram Panchayat records, as illegal and arbitrary. 3. The writ petition was heard in part on 17.02.2026 and thereafter adjourned to today. 4. Learned counsel for the petitioner would submit that the petitioner is a resident of Vinukonda village, Palnadu District. The aforementioned property originally belonged to the petitioner’s father, and his name was mutated as the owner of the building. The petitioner succeeded to the aforementioned property from his father. Due to employment, the petitioner resides in Vinukonda. He let out the premises to one Rama Koteswaramma, and she used to pay rent. After the death of the petitioner’s father, the petitioner requested respondent No.5 to mutate his name. Later, the petitioner came to know that the name of the third party was mutated in the Panchayat records against the aforementioned structure. The petitioner made a representation dated 08.02.2023 (Ex.P1) to respondent No.2. However, the same was not considered. 5. Learned counsel for respondents 3 to 5 submitted the instructions of respondent No.5. Page 4 of 6 SRS,J W.P.No.11234 of 2023 6. A perusal of the instructions furnished by respondent No.5 discloses that the petitioner’s father owned a house built with an earth roof supported with wooden beams and earthen walls, with a construction area of 12 feet x 45 feet. As per the revision register of the year 1973, maintained by the Grama Panchayat, Medapi, assessment No.233 was assigned to the house in the name of Brahmana Chari. As per the entries in the revision register of 1993 of Medapi Panchayat, the name of Sri Oppicharla Mallaiah, S/o Pichaiah, was recorded as the owner of the same house with assessment No.330. After the transfer of the ownership, Oppicharla Mallaiah constructed a new building in place of the old building, and the said ownership was renewed during the revisions 2016-17. At present, Oppicharla Brahmaiah is the owner of the house with assessment No.206. The petitioner is not residing at Medapi, where the subject property is situated. Thus, the claim of the petitioner for mutation of his name and issuance of the house tax receipt in his favour do not arise. cannot be entertained. The petitioner has to approach the Civil Court seeking redressal of the grievance. 7. As per Ex.P2, information secured by the petitioner under the provisions of RTI, the name of Oppicherla Brahmaiah, S/o Mallaiah, was recorded against D.No.2-6 in the year 1993. The petitioner got the said information on 05.11.2022. Thereafter, the petitioner filed the above writ petition on 20.02.2023. 8. Thus, the petitioner is aware of the mutation of the name of Oppicherla Brahmaiah in respect of D.No.2-6, Medapi Village, Thripuranthakam Mandal, Ongole District, from 1993 onwards. However, the said Brahmaiah was not arrayed as a party respondent to the writ petition. 9. Later, the petitioner filed I.A.No.2 of 2023 seeking to implead Oppicherla Brahmaiah, S/o Malliah, as respondent No.6 in the writ petition. Page 5 of 6 SRS,J W.P.No.11234 of 2023 Notice was ordered and served to respondent No.6. However, there was no representation on his behalf. 10. As seen from the material, the petitioner did not exercise the right of ownership from the year 1993, and the petitioner’s representation, dated 08.02.2023 (Ex.P1), will not give a fresh cause of action to file the writ petition. Mere mutation does not confer the title. The non-consideration of representation is no ground to entertain the writ petition. The petitioner, in the considered opinion of this court, should have approached the Civil Court seeking redressal of his grievance. This court normally will not adjudicate title disputes while exercising jurisdiction under Article 226 of the Constitution of India. 11. Given the discussion, this Court does not find any merit in the writ petition. Accordingly, this writ petition is dismissed. However, this order will not preclude the petitioner from approaching the Civil Court seeking redressal of the grievance. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.02.2026 IKN p. 6 SRS,J W.P.No.11234 of 2023 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11234 of 2023 Date: 24.02.2026 IKN