M.Purushotham vs The State of Andhra Pradesh represented by its Principal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(AP) 1203

HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 43073 OF 2015 Between:
1. M.Purushotham S/o. M.Pedda Kullai, aged about 42 years, Occ:
Agriculturist, rio. Dinnedevarapadu Village, Kurnool Mandal, Kurnool District.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh, represented by its Principal Secretary Revenue Dept., A.P. Secretariat, Hyderabad.
2. The Revenue Divisional Officer, Kurnool Division at Kurnool, Kurnool District.
3. The Tahsildar, Kurnool Mandal, at Kurnool, Kurnool District.
...RESPONDENTS Counsel for the Petitioner(s): J U M V PRASAD Counsel for the Respondents: GP FOR REVENUE (AP)
The Court made the following: ORDER MT JUSTICE V. SUJATHA THE HON’BLE S WRIT PETITION No.43073 of 2015

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 and 3 herein in not mutating the name of the petitioner in the online web of Form 1-B Register and the Adangals to the lands to an extent of Ac.5.12 cents in Sy.No 442/1 and to an extent of Ac.1.70 cents in Sy.No.442/2 of Dinnadevarapadu village, Kurnool Mandal, Kurnool District, even after lapse of almost a year from the date of making application viz., 6.1.2015, as illegal, arbitrary and is in negation of the statutory stipulations of the A.P. Rights in Land and Pattadar Pass Books Act and the Rules made there under apart from being in violation of Articles 14 and 21 of the Constitution of India and consequentially direct the respondents to forthwith update in the online Web site for the aforesaid lands...”.

2. Today, when the matter came up for hearing, learned counsel for the petitioner reiterated the contentions urged in the present writ petition.

3. Learned Government Pleader for Revenue on instructions had submitted that no action has been initiated in pursuance of the representation made by the petitioner on 06.01.2015, requesting to mutate the name of the petitioner in the online web of Form 1-B Register and the adangals to the lands to an extent of Ac.5.12 cents in Sy.No.442/1 and to an extent of Ac.1.70 cents in Sy.No.442/2 of Dinnadevarapadu village, Kurnool Mandal, Kurnool District and have stated that the appropriate course of action would be to make an application under Section 6A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971.

4. Heard both the learned counsel and perused the material placed on record.

5. In view of the above submissions made by learned Government Pleader for Revenue, instead of going into the merits of the case, this Court feels it appropriate to dispose of this Writ Petition by directing the petitioner to make an application under Section 6A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, within a period of two (2) weeks from the date of receipt of a copy of this order and on such application, the respondent Nos.2 and 3 are directed to consider the same and the name of the petitioner shall be mutated basing on the record submitted by the petitioner within a period of four (4) weeks thereafter, in accordance with law.

6. Accordingly, with the above directions, this writ petition is disposed of. There shall be no orders as to costs.

Consequently, miscellaneous applications, pending, if any, shall also stand closed.

____________________________________

SMT. JUSTICE V. SUJATHA

31.01.2023 GSS.

106 SMT JUSTICE V. SUJATHA THE HON’BLE Writ Petition No. 43073 of 2015 Date: 31.01.2023 GSS

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