Sakhamuri Srinivasu Vs the State of Andhra Pradesh

Sakhamuri Srinivasu, S/o V G L Narasimha Rao Aged 53 years Occ: Business R/o Seetha Nomula Enclave Tarakarama Nagar 0 LINE Opp Vikas in Restaurant J K C College Road, Guntur - 522506

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department Secretariat Building Velagapudi Guntur District

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The Revenue Divisional Officer, Sattenapalli Revenue Division Sattenapalli, Palnadu District

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TheTahsildar, Atchampeta Mandal Palnadu 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 may be pleased to pass orders or direction more particularly one in the nature of writ of Mandamus declare the in action the respondent no. 3 i.e. Tahsildar, Achampeta Mandal, in implementing the orders of the Hon'ble RDO, dated 25-11-2023 in RC No: 1214/2023, without there being any stay to the implement the orders dated 25-11- 2023, as illegal, arbitrary and against the constitution of India, and consequently direct the Tahsildar, Achampeta

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Mandal, Palnadu District, i.e, the Respondent no,3 herein to implement the / orders of the RDO, in RC No. 1214/2023, dated 25-11-2023 by entering the names of the petitioner in the revenue records and to issue the pattadar passbook and title deeds in favour or the petitioner with regard to the land in sy no. 175,176,178 and 197 in Konuru village, Achampeta Mandal, Palnadu District, admeasuring 10-79 cents with in tie time^boundmanner.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent no. 3 to implement the orders of the RDO, in RC No, 1214/2023, dated 25-11-2023, with in the stipulated time more particularly within the period of 4 weeks and to issue pattadar pass book and title deed in favour of the petitioner herein until pending disposal of the above writ petition.

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Counsel for the Petitioner: M/s SRJDEVI JAMPAN! Counsel for the Respondents: GP FOR REVENUE

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The Court made the following order:

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THE honourable SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 16817 of 2025

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ORDER:

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The present Writ Petition is filed to declare the inaction of respondent No.3 in implementing the order dated 25.11.2023^madein RC.No.1214/2023 of the respondent No.2, which amounts to arbitrary, unjust, illegal, abdication of duty, failure to exercise^powerand in violative of provisions of the A.P. Rights in Land^{andPattadarPass} Books Act, 1971 (for short, ‘the Act’), and consequently, prayed to direct respondent No.3 to comply with the order dated^{25.11.2023of*} respondent No.2.

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Learned State Counsel placed on record the written instructions of the Tahsildar dated 09.07.2025 addressed to the Government Pleader Office for Revenue, High Court of Andhra Pradesh, The relevant portion of the same is extracted hereunder:

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“It is submitted that, as per the orders of the then Revenue Divisional Officer, Sattenapalli, this office implementing the orders by removing the entries in web land to an extent of Ac.200 cents in Sy.No.175, to an extent of Ac.0-39 cents & Ac.0-40 * cents in Sy.No.176, to an extent of Ac.4.00 cents in Sy.No.197 of Kanuru Village by the then Tahsildar, Atchampet Mandal, only to an extent of Ac.3.98 cents in Sy.No.178 were not^removed due to technical issues.

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Further it is submitted that, the opponents of the Petitioner in the Court of Revenue Divisional Officer, Sattenapalli, challenging the orders of the Respondent No.2 in the present case and filed a Revision Petition before the Joint Collector’s Court, Palnadu, and it was under enquiry at the Joint Collector Court, Palnadu and it is further submitted that the opponents of the present petitioner in the Court of Revenue Dvisional Officer, Sattenapalli, also filed O.S. No.664/2024 665/2024, 666/2024 also pending at Principal Junior Civil Judge Court , Sattenapalli, Palnadu District.

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For the reasons stated above, the request of the present petitioner i.e., to mutate his name as Pattadar for the lands, this office can take necessary actions as per the final orders of Principal Junior Civil Judge Court, Sattenapalli and the Joint Collector Palnadn ”

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The learned Assistant Government Pleader would submit that even an endorsement from a District Collector must adhere to the procedure as stipulated in the A.P, Rights in Land and Pattadar Pass Books Act, 1971, and Section 6A of the Act stipulates the particular procedure for issuing a Pattadar Pass Book and Title Deed. The law IS very well settled that when the law prescribes a particular procedure, things to be done in a particular manner, it has to be done in the same manner.

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Therefore, the present Writ Petition is disposed of, directing the petitioner herein to file an application under Section 6 of the Act within

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a period of three (3) weeks from the date of receipt of a copy of this order and on filing such application, the Respondent No.4-Tahsildar is directed to follow the procedure as stipulated under Section 6A of the Act and pass appropriate orders in accordance with law within a period of four weeks therefrom.

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