APHC010055892020

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3233]

(Special Original Jurisdiction)

MONDAY,THE FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 3383/2020

Between:

1. M EDAPATI RAMACHANDRA REDDY,, S/O VENKATA REDDY, AGED

29 YEARS, R/O.D.NO.10-131, MAHENDRAVADA VILLAGE,

ANAPARTHI MANDAL, EAST GODAVARI DISTRICT.

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,

VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI

DISTRICT.

3. T HE REVENUE DIVISIONAL OFFICER, KAKINADA, EAST GODAVARI

DISTRICT.

4. T HE THAHSILDAR, SAMARLAKOTA, SAMARLAKOTA MANDAL,

EAST GODAVARI DISTRICT.

5. P ALAKURTHY MANASA, D/O.SATTIBABU, AGED 29 YEARS,

R/O.D.NO.12-34, G.MEDAPADU VILLAGE, SAMARLAKOTA MANDAL,

EAST GODAVARI DISTRICT.

...RESPONDENT(S):

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 toto issue a Writ of Mandamus, or other appropriate writ, order or

direction, declaring action of the action of the 4th respondent herein in not mutating the name of the petitioner in the revenue records and not issued pattadar passbooks and title deeds in respect of the land admeasuring Ac.2- 34 cents in Sy.No.111/3 situated at G.Medapadu Village, Samarlakot Mandal, East Godavari District as illegal, arbitrary, arbitrary, unreasonable and violative of Articles 14, 21 and 300-A of Constitution of India and contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 IA NO: 1 OF 2020 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 2 to 4 herein forthwith to consider and pass appropriate orders on the representation dt.23-01-2020 submitted by the petitioner herein, pending disposal of the writ petition IA NO: 2 OF 2020 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 3 and 4 herein forthwith to mutate the name of the petitioner in the revenue records and to issue pattadar passbooks and title deeds in his favour in respect of the land admeasuring Ac.2-34 cents in Sy.No.111/3 situated at G.Medapadu Village, Samarlakot Mandal, East Godavari District, pending disposal of the writ petition Counsel for the Petitioner:

1. P DURGA PRASAD Counsel for the Respondent(S):

1. GP FOR REVENUE (AP)

The Court made the following Order:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. The notice sent to the 5^th respondent was returned with an endorsement “not claimed”.

2. This writ petition was filed questioning the action of the 4^th respondent herein in not mutating the name of the petitioner in the revenue records and not issuing the pattadar passbooks and title deeds in respect of the land admeasuring Ac.2-34 cents in Sy.No.111/3 situated at G. Medapadu Village, Samarlakot Mandal, East Godavari District.

3. The learned counsel for the petitioner submits that the petitioner purchased the subject property in an auction conducted by the Court and accordingly, sought for mutation of his name in the revenue records for the subject land. But the 4^th respondent was not acted upon the same.

4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4^th respondent submits that there were three transactions over the land in an extent of Ac.2.43 cents in Sy.No.111/3 of G. Medapadu Village, Samarlakot Mandal, one transaction is based upon the Registered Sale Deed No.4950 of 2013 dated 20.04.2013, the 2^nd transaction was on the Registered Gift Deed No.3436 of 2014 dated 27.10.2014 and the 3^rd transaction was by way of auction in E.P.No.9