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2023 Supreme(Online)(AP) 20841
HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28923 OF 2023 Between:
1. NAGALLA HARISH S/o N KoteswaraRao, D.No. 1-39-23/1, Nazer Pet, Tenali, A.P
2. Nagalla Venkata KoteswaraRao , S/o Ramaiah, D.No. 3-555, near Jawahar School, Un.davalli (V), Tadepsili (M),Guntur District A.P
3. NagallaSireesha, W/o Late Prabhakar, Ward No. 22, Satyanarayana Pet, Kampli Village, Bailor-1 District, Karnataka.
4. NagallaRavi, S/o Late N. Sreeramulu, D.No. 7-71, Padmavathipuram, Tirupati Rural Mandal, Chittoor District.
5. Nagalla Samba Siva Rao, S/o Ram Bhrammam, Flat No. 103, D.No. 5-2-
77/A Moulana, Hyderabad, Telangana.
6. Kohl Nageswara Rao, S/o Late Subba Rao, Ballari District, Karnataka.
7. Damrnala Pati Ramesh, S/o venkatrayudu, D.No. 8-599, Guthi village and Mandal, Ananthapur District, A.P.
8. KondaboltuVenkata Subamma, W/o Ramesh, H.No. 14-107/1, Balaju Nagar, Utapulem, Prakasam District, A.P.
9. YarlagaddaSeethamma, W/o Sambasiva Rao, D.No. 15-201, Utapallem, Prakasam District, A.P.
10. Katicharla Lakshmi, W/o Rambabu, D.No. 54-18, 2nd line, LIC colony, Vijayawada , Krishna district ...PETITIONER(S)
AND:
1. THE STATE OF AP Rep.
by its principal secretary, Revenue Department, secretariat buildings, Velagapudi, Guntur District, Andhra Pradesh.
11. The District Collector, Krishna District, Machilipatnam, Andhra Pradesh.
12. The Special Commissioner of Survey, Settlements and Land Records, Currency Nagar, Vijayawada, Andhra Pradesh.
13. The Revenue Divisional Officer, Nuzivid, Krishna District, Andhra Pradesh.
14. The Tahsildar, pamidimukkala Mandal, Krishna District, Andhra Pradesh.
15. The Village Revenue Officer, Lankapalli Lanka Village, Pamidimukkala Mandal, Krihsna District, Andhra Pradesh.
...RESPONDENTS Counsel for the Petitioner(s): M SHANMUKHA TEJA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.28923 OF 2023
ORDER:
The present Writ Petition is filed by the petitioners seeking the following relief:
“…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing endorsement vide Spandana Spl.Regd.No.26/2023, dated 08.08.2023 stating that the names of the petitioners will be mutated in the revenue records after conducting Jagananna Bhoo Raksha Scheme though re-survey was already conducted by the Deputy Inspector of Surveyor as illegal arbitrary and violative or Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to dispose of the application for Mutation basing on the survey already conducted by the Deputy Inspector of Surveyor as referred in the Letter vide Rc.A/196/2016 (Survey) Dated 16.05.2017, with in a time bound period and pass ….”
2. The short grievance of the petitioners is that on the petitioners’ mutation application, the present impugned endorsement has been issued dated 08.08.2023, duly stating that respondent-authorities wants to conduct re-survey for consideration of the mutation application filed by the petitioners.
3. Heard Sri M. Shanmukha Teja, learned counsel for the petitioners and Sri E. Kumar, learned Assistant Government Pleader for Revenue.
4. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, by virtue of floods, the sand in the Krishna River was accumulated in the petitioners agricultural lands, which is very adjacent to river and for de-casting the said land, an application has been made by the petitioners before the appropriate authority and upon considering the same, a survey was conducted by the Revenue Authorities. The Mining Authorities wants to assess whether the subject agricultural land will be fit for cultivation or not. Similarly, on the other hand, petitioners also made an application before the Revenue Authorities for mutation of the petitioners land in their revenue records and for issuance of Pattadar Passbooks. On the petitioners’ application, the Revenue Authorities issued the impugned endorsement dated 08.08.2023, duly stating that, they would conduct re-survey to the petitioners village under ‘Jagananna Bhoo Raksha Scheme’ and after verifying the records, they would consider the petitioners application. Aggrieved by the same, filed the present Writ Petition.
5. He further submitted that, earlier when a survey was already conducted, again conducting re-survey does not arise, only to prolong the issue such an endorsement has been issued. As such, prayed to pass appropriate orders in that regard.
6. Learned counsel for the petitioners submitted that, it would suffice for the time being if a direction is given to the Tahsildar-5th respondent to consider the petitioners’ application for mutation in accordance with law in a time bound manner.
7. On the other hand, the learned Assistant Government Pleader submitted that, if at all petitioners wants mutation in Revenue records or issuance of Pattadar Passbooks, they have to make an online application by virtue of G.O.Ms.209, but, here, they made a representation in SPANDANA vide Application No.KRI20230325434. However, the authorities requested to grant three (03) months’ time for consideration of the same in accordance with law.
8. It is not in dispute that the petitioner made an application/ representation in SPANDANA requesting the authorities to mutate their names in Revenue records with respect to subject land as the same was not considered, the present Writ Petition is filed. Now, the authorities have sought three (03) time to consider the said representation.
9. Taking the submissions into consideration, as the authorities have intention to consider and dispose of the petitioners’ representation, there is not purpose in keeping the Writ Petition pending, as such, this Court is inclined to dispose of the Writ Petition at the admission stage with the followin
