P.Mutyalappa Vs The State of Andhra Pradesh

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 or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents more particularly Respondents No.3 and 4 in issuing the pattadar pass book to the petitioner by considering the petitioners representation Dated.30.03.2024 to the Respondents 3 and 4 pertaining to the petitioners Agricultural Land Admeasuring an extent of AC.2.00 cents in survey No.763-3 in Somandepalli village, Somandepalli Mandal of Sri Satyasai District which is in petitioners possession and enjoyment Assigned them vide proceedings D.A.1037/28 Dated 25-08-1929 as arbitrary, illegal, ultra virus, contrary to the procedure established by

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law and against to the principles of natural justice apart from being violative of articles 14, 21 and 300 A of the Constitution of India and consequently direct the respondents to issue the pattadar pass book to the petitioner by considering the petitioners representation Dated.30.03.2024 in the interest of justice.

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Counsel for the Petitioner:

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1.P S P SURESH KUMAR

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“… to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents more particularly Respondents No.3 and 4 in issuing the pattadar pass book to the petitioner by considering the petitioners representation dated 30.03.2024 to the Respondents 3 and 4 pertaining to the petitioners Agricultural Land Admeasuring an extent of Ac.2.00 cents in survey No.763-3 in Somandepalli village, Somandepalli Mandal of Sri Satyasai District which is in petitioners possession and enjoyment Assigned them vide proceedings D.A.1037/28 Dated 25.08.1929 as arbitrary, illegal, ultra virus, contrary to the procedure established by law and against to the principles of natural justice apart from being violative of Articles 14, 21 and 300 A of the Constitution of India and consequently direct the respondents to issue the pattadar pass book to the petitioner by considering the petitioners representation Dated.30.03.2024 in the interest of justice and pass such other orders…”

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The writ petitioner herein made an application to the respondent – authorities on the demise of the petitioner’s father Vetti Anjaneyulu, who died in the year 2009, to issue pattadar passbook to the petitioner herein. But all his efforts were remain vain. It is the case of the petitioner that the mutation in the revenue records is on the basis of the possession and the respondents have issued possession and enjoyment certificates on 22.02.2011 in favour of the petitioner for an extent of Ac.2.00 cents in Sy.No.763-3 in Somandepalli village, Somandepalli Mandal of Sri Satyasai District. Having issued possession certificate have not mutated the name of the petitioner in the

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revenue records is the grievance of the petitioner. Hence, the present Writ Petition is filed seeking a direction to the respondents for issuance of pattadar passbook in favour of the petitioner herein and for mutation of the name of the petitioner in the revenue records.

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The 4^th respondent – Tahsildar stating that they are unable to issue pattadar passbook in favour of the petitioner on the ground that the petitioner herein has not filed legal heir certificate before the Tahsildar along with representation or separately, which is necessary and it is further stated that if the petitioner submitted legal heir certificate, the 4^th respondent – Tahsildar can issue pattadar passbook and can make entries in the revenue records in the name of the petitioner.

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Therefore, the present Writ Petition is disposed of, directing the petitioner to file legal heir certificate before the 4^th respondent – Tahsildar and, on filing such legal heir certificate, the 4^th respondent – Tahsildar is directed to issue pattadar passbook within a period of four weeks from the date of filing of legal heir certificate and to mutate the name of the petitioner herein in the revenue records. There shall be no order as to costs.

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As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 13.10.2025

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO