Vendidandi Srinivasulu Reddy Vs the State of Andhra Pradesh

VENDIDANDI SRINIVASULU REDDY, S/O.LATE JAYARAMI REDDY, AGED 45 YEARS, OCC. CULTIVATION, R/O. SINGARAPALLI VILLAGE, GULIJERUGULLA REVENUE VILLAGE, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLC.

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THE REVENUE DIVISIONAL OFFICER, MARKAPURAM REVENUE DIVISION, MARKAPURAM, PRAKASAM DISTRICT.

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THE TAHSILDAR, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT.

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VENDIDANDI NARAYAMMA, W/O. KONDA REDDY, AGED 80 YEARS, OCC . CULTIVATION, R/O. D.NO.4-41, 42 AND 46, SINGARAPALLI VILLAGE AND POST, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT.

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VENDIDANDI NARAYANA REDDY, S/O. VENKATA REDDY, AGED 85 YEARS, OCC . CULTIVATION, R/O. D.NO.4-41, 42 AND 46,

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SINGARAPALLI VILLAGE AND POST, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT.

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VENDIDANDI SWAMY RANGA REDDY, S/O. VENKATA REDDY, AGED 75 YEARS, OCC . CULTIVATION, R/O. D.NO.4-41, 42 AND 46, SINGARAPALLI VILLAGE AND POST, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT.

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VENDIDANDI JAYADEVA REDDY, S/O. SWAMY RANGA REDDY, AGED 37 YEARS, OCC . CULTIVATION, R/O. D.NO.4-41, 42 AND 46, SINGARAPALLI VILLAGE AND POST, BESTHAVARIPETA MANDAL, PRAKASAM 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents more particularly 4th respondent on my Spandana Application dated 29.12.2022 in Form-6 (A), submitted under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under, for Online Mutation and issuance of E-Pattadar Passbook and Title Deed in my favour, connected to my agriculture land admeasuring Ac.1.40 Cents, Ac.3.50 Cents, Ac.3.40 Cents, Ac.3.05 Cents, Ac.2.60 Cents, Ac.2.00 Cents, Ac.1.13 Cents, Ac.2.67 Cents and Ac.2.00 Cents, total extent of Ac.21.75 Cents, covered by Survey Nos.486, 452, 442/6, 402, 439/1, 424, 529/2, 441, 440 and 388 respectively, situated at Singarapalli Village in Gulijerugulla Revenue Village of Besthavaripeta Mandal in Prakasam District by deleting the names of respondents 5,as illegal, irregular, irrational, violative of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly the 4th respondent to grant me E-Pattadar Passbook and Title Deed by mutating my name in all Online Web Land Record of rights including Adangal Pahanies and 1B register in respect of my said land by deleting the names of respondents 5 to 8 and pass

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IA NO: 1 OF 2023

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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

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pleased to direct the respondents particularly the 4th respondent to consider and decide the petitioner's Spandana Application, dt. 29.12.2022 in Form-6 (A),submitted for Online Mutation of his name in Web Land Record of rights including Adangal Pahanies and 1B register in respect of his agriculture land admeasuring Ac.1.40 Cents, Ac.3.50 Cents, Ac.3.40 Cents, Ac.3.05 Cents, Ac.2.60 Cents, Ac.2.00 Cents, Ac.1.13 Cents, Ac.2.67 Cents and Ac.2.00 Cents, total extent of Ac.21.75 Cents covered by Survey Nos.486, 452, 442/6, 402, 439/1, 424, 529/2, 441, 440 and 388 respectively, situated at Singarapalli Village in Gulijerugulla Revenue Village of Besthavaripeta Mandal in Prakasam District by deleting the names of respondents 5 to 8, pending disposal of the main Writ Petition and pass

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IA NO: 2 OF 2023

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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 Pleased to receive reply affidavit on record by allowing the Leave Petition in the above Writ Petition and pass

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IA NO: 3 OF 2023

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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 pleased to grant leave for filing counter affidavit in the writ petition No. 4020/2023 and pass

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Counsel for the Petitioner:

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1.SUBBA RAO JANDHYAM

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.VENKATA REDDY CHITTEM

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The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.4020 OF 2023

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of

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India seeking the following relief:

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“… to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents more particularly 4^th respondent on my Spandana Application dated 29.12.2022 in Form-6 (A), submitted under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed thereunder, for Online Mutation and issuance of E-Pattadar Passbook and Title Deed in my favour, connected to my agriculture land admeasuring Ac.1.40 Cents, Ac.3.50 Cents, Ac.3.40 Cents, Ac.3.05 Cents, Ac.2.60 Cents, Ac.2.00 Cents, Ac.1.13 Cents, Ac.2.67 Cents and Ac.2.00 Cents, total extent of Ac.21.75 Cents, covered by Survey Nos.486, 452, 442/6, 402, 439/1, 424, 529/2, 441, 440 and 388 respectively, situated at Singarapalli Village in Gulijerugulla Revenue Village of Besthavaripeta Mandal in Prakasam District, by deleting the names of respondents 5, as illegal, irregular, irrational, violative of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly the 4^th respondent to grant me E- Pattadar Passbook and Title Deed by mutating my name in all Online Web Land Record of rights including Adangal Pahanies and 1B register in respect of my said land by deleting the names of respondents 5 to 8 and pass such other order or orders…”

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Heard Sri J.Subba Rao, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 and Sri Venkata Reddy Chittem, learned counsel for respondent Nos.6 to 8.

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3. Precisely, the writ petition is filed aggrieved by the action of the

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respondents in not considering the petitioner’s application, dated 29.12.2022,

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submitted under Form-6 (A) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Rules framed thereunder, for online mutation and issuance of E-Pattadar Passbook and Title Deed in favour of petitioner, connected to petitioner’s agriculture lands admeasuring Ac.1.40 cents, Ac.3.50 cents, Ac.3.40 cents, Ac.3.05 cents, Ac.2.60 cents, Ac.2.00 cents, Ac.1.13 cents, Ac.2.67 cents and Ac.2.00 cents, total extent of Ac.21.75 cents, covered by Survey Nos.486, 452, 442/6, 402, 439/1, 424, 529/2, 441, 440 and 388 respectively, situated at Singarapalli Village in Gulijerugulla Revenue Village of Besthavaripeta Mandal in Prakasam District.

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Learned counsel for respondent No.4 filed counter-affidavit asserting that the petitioner has submitted application on 29.12.2022, during the Spandana programme before the Collector, Prakasam District, requesting to conduct survey of lands mentioned therein and issue Pattadar Passbooks. It is further asserted that the petitioner has to file separate online applications for both issues in the prescribed format, duly enclosing required documents. However, the respondents have completed the survey and issued endorsement vide Tahsildar’s No.FL1620/2022 dated 24.12.2022. The petitioner has not filed any application through online at Village Sachivalayam. The petitioner already alienated some properties to third parties, and the contention of the petitioner that the 4^th respondent has not acted on his Spandana application dated 29.12.2022 deserves no consideration and is not tenable. Hence, prayed to dismiss the writ petition.

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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 passbook and title deed. The law is very well settled that when the law prescribes a particular procedure, thing to be done in a particular manner, it was to be done in the same manner.

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The learned Assistant Government Pleader for the respondents further submits that the petitioner may be directed to make appropriate applications in Form-6A to the respondent authorities, 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 petitioner’s name in respect of his respective properties 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, along with all the required documents. On receipt of such applications, the respondents will consider the same and pass appropriate orders, in accordance with law.

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Basing on the contentions raised by both the parties, the present Writ Petition is disposed of, permitting the petitioner to file proper application before the concerned authority with all relevant documents, within a period of two (02) weeks from the date of receipt of a copy of this order. On filing such application, the respondents are directed to consider the same and pass

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appropriate orders in accordance with law, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months thereafter. There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand

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closed.

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

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Date: 03.02.2026 KBN

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