Peddisetty Guravaiah Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAV (Special Original Jurisdiction)

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FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE ^

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PRESENT

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HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2662 OF 2025

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Between:

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Peddisetty Guravaiah, S/o Venkateswarlu, Male, Aged about 54 Years, Occ. Farmer, R/o 1-166A, Mean Road, Shankarlingam Gudipaadu (S.L Gudipaadu), Kommalapadu, Bapatia District Previously Prakasam District, Andhra Pradesh.

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Peddisetty Srnivasarao, S/o Venkateswarlu, Male, Aged about 56 Years, Occ: Farmer, R/o 1-166A, Mean Road, Shankarlingam Gudipaadu (S.L Gudipaadu), Kommalapadu, Bapatia District Previously Prakasam District, Andhra Pradesh.

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...PETITIONERS

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AND

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

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The Director Collector, Bapatia, Bapatia District Previously Prakasam District, Andhra Pradesh.

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The Tahsildar, Ballikurava Mandal, Bapatia District Previously Prakasam District, Andhra Pradesh.

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...RESPONDENTS

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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 a writ, order or direction more particularly one \n Ihe nature of mandamus, declaring the action of the Respondents No.2 to 3 in not considering representation dated 16.01.2025 submitted

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to Respondent No.3 as illegal, arbitrary and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 3 to change the entries from petitioners mothers name to petitioners name iri Revenue Records the extent of Ac 0.17 cents in S.L Gudipadu Villagei Kommalapadu, Bapatia DistricJ^reviously Prakasam District, Andhra Pradesh. ;

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lA NO: 1 OF 2025

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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^{2to3toconsider} representation dated 16.01.2025 submitted to Respondent No.3 pending disposal of writ petition.

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Counsel for the Petitioner: MS. KOYI SOWMYA

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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APHC010046622025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2662/2025

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Between:

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Peddisetty Guravaiah and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitloner(S):

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KOYI SOWMYA

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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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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO:2662/2025

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ORDER:

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The present writ petition is filed under Article 226^{oftheConstitutionof}

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India seeking following relief:

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"to issue a writ, order or direction more particularly^onein the nature of mandamus declaring the action of the Respondents Nos. 2 to 3 in not considering my representation dated 16.01.2025 submitted to Respondent No.3 as illegal, arbitrary, and amounts to abdication of statutory duties cast up on them and also violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 3 to change the entries from petitioner’s mothers name to petitioner’s^namein Revenue Records the extent of Ac.0.17 cents in S.L Gudipadu Village, Kommalapadu, Bapatia District Previously Prakasam District, Andhra Pradesh and pass such other order^{ororders....”}

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Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents.

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2). V-eatned counsel tot \he peWlioners submits that the petitioners’ mother is the absolute owner and possessor of the land admeasuring^toanextentof Ac.0.17 cents situated in Sy.No.118/5 in S.L Gudipadu Village, Kommalapadu Bapatia District, having acquired the same through a registered sale deed dated 13.04.1992. Thereafter, petitioners’ mother name^wasmutated in the ROR register and pattadar pass book was also issued in her favour. He further submits that the petitioners’ mother died on 02.05.2017. After her

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demise, the petitioners herein submitted a representation^{dated16.01.2025to} respondent No.3 requesting for change of entries made in favour of their mother to their name in the revenue records in respect of the subject property. Even after receipt of the said representation, the respondents^neither acted upon nor passed any orders. Aggrieved by the same,^{thepetitionersherein} filed the present writ petition.

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On the other hand, learned Government Pleader for Revenue placed on record the written instructions dated 31.01.2025 issued by respondent No.3, wherein, it is stated on enquiry it is observed that^thereare civil disputes between the petitioners and others with regard to the^{landinSy.No.118-5of} S.L.Gudipadu Village and civil suits I.A.No.3489/2019^{inO.S.No.296of2019} and I.A.No.967/2024 in CMA No.1/2024 are pending before^{theCourtbelow.} As such, the request of the petitioners was not taken^{intoconsideration.He} further submits that in order to mutate the name of the petitioners in the revenue records in the place of their mother name in^{respectofthesubject} property, the petitioners herein shall make an appropriate^{applicationinForm-} 6A to respondent No.3 through Meeseva by paying requisite^fee. Despite the same the petitioners are not entitled to claim mutation of their names in respect of the subject property based on the representation^{submittedbythe} petitioners. He further submits that let there be a^{directiontothepetitionersto} submit a fresh application 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^{dated14.06.2017to}

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respondent No.3 by paying requisite fee. On receipt of such application, the respondents will consider the same, within a reasonable time.

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Having 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, 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, with reference to the Civil Suit pending before the Court below, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months, thereafter.

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