Maasum Khan Vs the State of Ap

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 of Mandamus declaring the action of the Respondents No. 3 to 5 in showing the petitioner's land Migulu Bhoomi in the Web-Land instead of passing of orders for mutation of as petitioner's name in the Revenue Records as well as in the Web-land and issuance of e-Pass Books and Title Deeds with regard to lands admeasuring Ac. 0.16 cents in Sy. No. 173/4, an extent of Ac. 0.74 ts in Sy.No. 173/5 and an extent of Ac. Ac. 1.82

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cents in Sy. No. 173/7 situated at B. Thandrapadu Village, Kurnool rural Mandal, Kurnool district while receiving the Reports of the then Tahsildar dated 11.2023 as well as the Mandal Surveyor, Kurnool Rural Mandal is as illegal, arbitrary, unconstitutional, being violation of Article 14,19 and 300-A of Constitution of India and against the principles of natural justice and consequently direct the Respondents to take appropriate steps for passing of orders in favaour of the petitioner by duly considering the reports submitted by the then Tahsildar as well as the Mandal Surveyor, Kurnool Rural Mandal and issuance of e-Pass Book and Title Deed in respect of the above mentioned lands by mutating the name of the petitioners in the revenue records lA NO: 1 OF 2025 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 to direct the Respondents to take appropriate steps for mutation of the petitioner’s name in the Revenue Records as well as in the Web-land while passing the orders in favour of the petitioner in view of the reports submitted by the then Tahsildar as well as the Mandal Surveyor, Kurnool Rural Mandal and issuance of e-Pass Book and Title Deed in respect of the lands admeasuring Ac. 0.16 cents in Sy. No. 173/4, an extent of Ac. 0.74 cents in Sy. No. 173/5 & an extent of Ac. Ac. 1.82 cents in Sy. No. 173/7 situated at B. Thandrapadu Village, Kurnool rural Mandal, Kurnool district, pending disposal of the above Writ petition

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Counsel for the Petitioner: SRI G M SWAMULU

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Counsel for the Respondents No.1 to 5: GP FOR REVENUE The Court made the following order:

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APHC010146412025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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MONDAY,THE SEVENTH DAY OF JULY 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: 8005/2025

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Between:

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1.MAASUM KHAN, S/0. T. GAFAR KHAN, AGED ABOUT 45 YEARS OCC CULTIVATION, R/0. NO. 6-31, KALVA VILLAGE, ORVAKAL MANDAL, KURNOOL DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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2.THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT.

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3.THE JOINT COLLECTOR, KURNOOL, KURNOOL DISTRICT

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4.THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DIST. 5.THE TAHSILDAR, KURNOOL RURAL MANDAL, KURNOOL DISTRICT.

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...RESPONDENT(S):

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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 topleased to issue a writ of Mandamus declaring the action of the Respondents No. 3 to 5 in showing the petitioner's land Migulu Bhoomi in the Web-Land instead of passing of orders for mutation of as petitioner's name in the Revenue Records as well as in the Web-land and issuance of e-Pass Books and Title Deeds with regard to lands admeasuring Ac. 0.16 cents in

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2

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Sy. No. 173/4, an extent of Ac. 0.74 ts in S 0. 173/5 and an extent of Ac. Ac. 1.82 cents in Sy. No. 173/7 situated at B. Thandrapadu Village, Kurnool rural Mandal, Kurnool district while receiving the Reports of the then Tahsildar dated 11.2023 as well as the Mandal Surveyor, Kurnool Rural Mandal is as illegal, arbitrary, unconstitutional, being violation of Article 14,19 and 300-A of Constitution of India and against the principles of natural justice and consequently direct the Respondents to take appropriate steps for passing of orders in favaour of the petitioner by duly considering the reports submitted by the then Tahsildar as well as the Mandal Surveyor,^KurnoolRural Mandal and issuance of e-Pass Book and Title Deed in respect of the above mentioned lands by mutating the name of the petitioners in the revenue records and to pass

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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 pleased to direct the Respondents to take appropriate steps for mutation of the petitioner’s name in the Revenue Records as well as in the Web-land while passing the orders in favaour of the petitioner in view of the reports submitted by the then Tahsildar as well as the Mandal Surveyor, Kurnool Rural Mandal and issuance of e-Pass Book and Title Deed in respect of the lands admeasuring Ac. 0.16 cents in Sy. No. 173/4,^{anextentofAc.0.74} cents in Sy. No. 173/5 & an extent of Ac. Ac. 1.82 cents in Sy. No. 173/7 situated at B. Thandrapadu Village, Kurnool rural Mandal, Kurnool district, pending disposal of the above Writ petition and to pass

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Counsel for the Petitioner:

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1.G M SWAMULU

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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 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 8005/2025

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ORDER:

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This writ petition is filed under Article 226 of the^Constitution

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of the India seeking the following reliefs:-

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“io issue a writ, order or direction more particularly^one in the nature of Writ of Mandamus declaring the action^of the Respondent Nos. 3 to 5 in showing the petitioner’s^land as “Migulu Bhoomi” in the Web-Land instead of passing^of orders for mutation of as petitioner’s name in the^Revenue Records as well as in the Web-land and issuance of^e-Pass Books and Title Deeds with regard to lands admeasuring Ac. 0.16 cents in Sy.No.173/4, an extent of Ac. 0.74^centsin Sy.No.173/5 and an extent of Ac. 1.82 cents in Sy.No.^173/7 situated at B. Thandrapadu Village, Kurnool Rural Mandal, Kurnool district while receiving the Reports of the then Tahsildar dated . 11.2023 as well as the Mandal Surveyor, Kurnool Rural Mandal is as illegal, arbitrary, unconstitutional, being violation of Article 14, 19^and300-A of Constitution of India and against the principles^ofnatural justice and consequently direct the Respondents to take appropriate steps for passing of orders in favaour^ofthe petitioner by duly considering the reports submitted by the then Tahsildar as well as the Mandal Surveyor, Kurnool Rural Mandal and issuance of e-Pass Book and Title Deed in respect of the above mentioned lands by mutating^the name of the petitioners in the revenue records and pass such other order. ”

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Heard the learned counsel for the petitioner and the

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learned Government Pleader for the respondents.

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Learned counsel for the petitioner submits that the petitioner has been in peaceful possession and enjoyment of the subject property without any interruption. While things^stoodthus, due to the formation of the new Districts, the Tahsildar,^RuralMandal

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has shown the petitioner’s subject land as “Migulu Bhoomi”. After knowing the same, the petitioner made an online application for conducting survey. After conducting enquiry, the Mandal Surveyor has submitted a report stating that the petitioner is in possession of the land admeasuring to an extent ofAc.0.16 cents in Sy.No.173/4, an extent of Ac.0.74 cents in Sy.No. 173/5 and an extent of Ac. 1.82 cents instated of Ac.2.00 cents in Sy.No. 173/7 situated at B.Thandrapadu Village. Later, the petitioner made an online application for rectification of revenue entries at revenue record and for mutation and issuance of pattadar passbook and title deed in respect of the subject land as per the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act No.26 of 1971). But, the respondents neither rectified the mistake nor issued pattadar passbook and title deed as required under Act No. 26 of 1971. Hence, the present Writ Petition.

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On the other hand, learned Government Pleader for the respondents furnished written instructions dated 09.05.2025 issued by the 5‘^ respondent, wherein it is stated as follows:

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Accordingly in response to the said representation the then Tahsildar has submitted report to the District Collector, Kurnool through Revenue Divisional Officer, Kurnool vide Rc.B. 663/2023 dated 06.12.2023. Further the Revenue Divisional Officer, Kurnool has submitted report to the District Collector, Kurnool vide Rc.C.2171/2023 dated 12.12.2023.

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5

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Further I submit that, in response to the said proposals the District Collector, Kurnool has noticed certain defects in reports submitted by the then Tahsildar^and Revenue Divisional Officer and directed vide RC.D5.10/2024 dated 10.01.2024 to submit further report covering that defects for taking further necessary action. ”

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Learned Government Pleader for the respondents further submits that the respondents are taking steps for rectification^ofthe mistakes.

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Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written^instructions furnished by the learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to consider the application/claim of the petitioner and pass appropriate orders in accordance with law, within a period of two(2) months from the date of receipt of copy of this Order.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel miscellaneous application, pending, if any, shall also stand closed.

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//TRUE COPY//

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Sd/- K. TATA RAO DEPUTY REGISTRAR SECTION OFFICER

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To,

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

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I

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The District Collector, Kurnool, Kurnool District. 3. The Joint Collector, Kurnool, Kurnool District 4. The Revenue Divisional Officer, Kurnool, Kurnool Dist. 5. The Tahsildar, Kurnool Rural Mandal, Kurnool District. 6. One CC to SRI G M SWAMULU Advocate [OPUC] 7. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT]

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