Allowed

G.Sreedhar Kumar Reddy, Chittoor Dist. v. Prl. Secy., Rev. Dept. and 3 Ors.

Andhra Pradesh HC19 Dec 2022WP/36957/2015

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the refusal to mutate the petitioner's name in revenue records and issue pattadar pass books. The Court held that pending appeal status alone cannot justify the delay and declared the refusal illegal where no notification treated lands as government property.

What did the court decide?

The endorsement dated 02.09.2015 was set aside. The 4th respondent is directed to mutate the petitioner's name in revenue records and issue pattadar pass books and title deeds within four weeks.

G.Sreedhar Kumar Reddy, Chittoor Dist. Vs Prl… — Land Acquisition | Andhra Pradesh HC (2022)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY. THE NINETEENTH DAY OF DECEMBER

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TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 36957 OF 2015

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J w
vs

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Between:

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G.Sreedhar Kumar Reddy, Chittoor Dist., S/o. G. Sankara Reddy, aged about 42 years. R/o. Batreddigari palli. H/o. Kalikiri & Post. Kalikiri Mandalam. Chittoor District.

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...PETITIONER

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AND

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Dep^rt^^® °t) Principal Secretary (Revenue

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The District Collector. Chittoor. Chittoor District.

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The Revenue Divisional Officer. Madanapalli. Chittoor District.

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The Thasildhar. Valmikipuram Mandal. Chittoor District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court rhay be pleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus, declaring the action of Respondent No. 4 by giving endorsement through proceedings dated 02.09.2015 bearing No. 7R.No. 8 / 1425 refusing to mutate the name of the petitioner in the revenue records for the agriculture land admeasuring Ac 1-68 cents in Sy Mo. 920. Ac 1-53 cents in Sy No. 921. Ac 1-42 cents in Sy No. 922 and Ac 5-10 cents in Sy No. 923/1A and totally the land Ac 9-73 cents, situated at Thatiguntapalli Village. Valmikipuram Mandal. Chittoor District and for not issuing the pattadar pass book and the title deed even after receipt of the Order, datedl3.09.2013. in WP No. 1820 / 2012 on the file of this Hon'ble Court as illegal, arbitrary and violation of Article 19. 21 of the Constitution of India and consequently direct the respondent authorities to consider the application bearing no. LRMSR 11036656. dated 19.11.2011 and No. MU011501153650. dated 07.08.2015. as per the Hon'ble court order, dated 13.09.2013. in WP No. 1820 / 2012 and mutate the petitioner name in the revenue records for the above said land and issue pattadar pass book and title deed.

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I.A. NO: 1 OF 2015(WPMP. NO; 47592 OF 20151

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Petition under Section 151 CPC praying that in the circumstances stated iri the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to re-consider the application bearing no. LRMSR 11036656, dated 19.11.2011 and No. MU011501153650, dated 07.08.2015, as per the Hontle court order, dated. 13.09.2013, in WP No. 1820 / 2012, pending disposal of the writ petition

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Counsel for the Petitioner(s): SRI. V ROOPESH KUMAR REDDY

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Counsel for the Respondents 1 to 4 : GP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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• WRIT PETITION No.36957 of 2015

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ORDER

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This petition is filed under Article 226 of the Constitution

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of India, seeking the following relief:-

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“...to issue cm order, writ or direction more particularly in the nature of Writ ofMandamus, declaring the action ofRespondent No.4 by giving endorsement through Proceedings dated C2.09.2015 bearing No.LR.No.8/1425 refusing to mutate the name of the petitioner in the revenue recordsfor the agricultural land admeasuring Ac. 1-68 cents:in Sy.No.920, Ac. 1-53 cents in Sy.No.921, Ac.1-42 cents in Sy.No.922 and Ac:5-10 cents in Sy.No.923/lA and totally the-land Ac.9-73 cents, situated at Thatiguntapalli Village, Valmikipuram Mandal, Chittoor District and for not issuing the pattadar pass book and the title deed even ’ after receipt of the Order, dated 13.09.2013, in W.P.No. 1820/2012 on the file of this Hon’ble Court as illegal, arbitrary and violation of Article 19, 21 of the Constitution of India and consequently direct the respondent authorities to consider the application bearing No.LRMSR 11036656, dated 19.11.2011 and No.MUOl 1501153650, dated 07.08.2015, as per the Hon’ble Court order, dated 13.09.2013, in W.P.No. 1820/2012 and mutate the petitioner name in the revenue records for the above said land and issue pattadar pass book and title deed and pass such other order or orders..."

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2. The case of the petitioner is that he is the owner and possessor of agricultural land admeasuring land an extent of Ac.1-68 cents in Sy.No.92Q, Ac.1-53 cents in Sy.No.921, Ac. 1-42 cents in Sy:No.922 and Ac.5-10 cents in Sy.No.923/lA and totaling an extent of Ac.9.73 .cents situated at Thatiguntapalli Village, Valmikipuram Mandal, Chittoor District.

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The petitioner, after purchasing the said property, made an application on 19.11.2011 to the Revenue authorities through E-seva requesting to mutate his name in the revenue records and also to issue Pattadar Pass Books in his favour but, the respondent authorities have failed to consider his request. Aggneved by the same, the petitioner filed W.P.No.l820 of 2012 to direct the respondent authorities to issue Pattadar Pass Books and Title Deeds for the above said lands in his favour, wherein the 4* respondent filed his Counter affidavit, stating that “S.NOS.923/1A, 923/lB, 909, 910/2, 916 : Assignments in these cases were cancelled and re-entry, orders in Collector’s L.Dis.No.4325/33, for non-payment of land revenue for Fasli 1342 and that the village Account 10/1 all the DKT pattadars were registered along with particulars of each survey number and extent granted to them. Accordingly, the said writ petition was allowed on 13.09.2013, which is as under:

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“Having regard to the well recognized fact that the pattas granted prior to issuance of G.O.Ms.No. 1142, 18.06.1954, did not contain prohibition against alienation, coupled with the failure of respondent No.3 •to plead and prove that patta No.689 contains any prohibition against alienation, the stand taken by respondent No.3 in the counter affidavit is without any legal basis.

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For the above-mentioned reasons, while holding that the deliberate action of respondent No.3 in keeping the

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petitioner’s application pending and resisting this writ' petition on flimsy and non-existent grounds constitutes patent arbitrariness, the writ petition is allowed with the direction to respondent No.3 to mutate the name of the petitioner in the record of rights pertaining to the subject lands, within a period of one month from the date ofreceipt ofa copy of this order”.

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The further case of the petitioner is that, though the. respondents have preferred a Writ Appeal vide WA(SR) No.41497/2015 against the order of this Court in W.P.No.l820 of 2012, but till date, there is neither stay nor suspension of the I order granted by this Court in the said Writ Appeal. As such, a • » ‘‘ the petitioner has made a fresh application (bearing No.MUOl 1501153650) on 07.08.2015 for issuance of Pattadar Pass Books for the above said lands through E-seva.

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Thereafter, the 4**» respondent issued an endorsement on 02.09.2015, wherein it is stated that as per the revenue records the said survey numbers are mentioned as Dotted lands and further informed tliat as a W.A.(SR) is pending, they cannot pass any orders on the application made by the petitioner.

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.5. The grievance of the petitioner is that, though they have been requesting the revenue authorities to mutate his name in the revenue records since 2011, so far the respondents have not considered only on the sole ground that the said lands are

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Dotted Lands and as well as the Writ Appeal vide WA(SR) no.41497 of 2015 filed by them is.pending.

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The clear case of the petitioner is that already there is an order passed in favour of the petitioner in W.P.No.l820 of 2012, wherein this Court has directed the 3rd respondent to mutate the name of the petitioner in the revenue record of rights pertaining to the subject land within a period of one (1) month from the date of receipt of a copy of this order. But in spite of the said order, the respondents instead of mutating the properties in the name of the petitioner have raised a new ground stating that the lands are Dotted Lands and further stated that the W.A.fSR) No.41497 of 2015 i is pending before this Court.

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7. In cases relating to entries i in RSR containing Dots, this Court in W.P. No.30526 of 2012 on 31.12.2012 and batch has categorically held as under:

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“...the land cannot be treated as Government Land unless a notification has been issued under sub Section (2) of Section 22-A of the Act and that the regisfenng officers shall not refuse to receive and register the documents”. 8. Having regard to the facts and circumstances stated above, in conceding the submissions of the learned counsel, as

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seen from the impugned endorsement, it shows that the request of the petitioner cannot be considered only on the ground that an appeal was filed against the orders passed in W.P.No.l820 of 2012 till date. Hence, this Court feels it appropriate to dispose of the writ petition to declare the impugned endorsement as illegal; 9. Accordingly, the writ petition is allowed and the ' . . endorsement in Lr.No.8/1425, dated 02.09.2015 issued by the 4th respondent is hereby set aside and the 4«* respondent is directed to mutate the name of the petitioner with respect to the subject lands and issued pattadar pass books and title deeds in favour of the petitioner, in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the **• *** date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

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SD/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// ^SECTION OFFICER

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To,

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The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat building, Velagapudi, Guntur District.

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The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Madanapalli, Chittoor District. 4. The Thasildhar, Valmikipuram Mandal, Chittoor District. 5. One CC to SRI. V ROOPESH KUMAR REDDY Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies

MSR

HIGH COURT

DATED: 19/12/2022

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ORDER

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