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2025:APHC:57861

APHC010634342023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3330]

(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION No. 32700/2023

BETWEEN:

1. JULIAN RAMISETTY, S/o. R SHOWRAIAH, AGED. 76, R/o.

D.No.439 GF3 NIRMALA APTS., ROAD No.7, SRINIVAS NAGAR

BANK COLONY, VIJAYAWADA.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETAIY, DEPARTMENT OF REVENUE, A.P.

SECRETARIAT, VELAGAPUDI, AMARAVATHI.

2. THE DISTRICT COLLECTOR, PALNADU DISTRICT.

3. THE REVENUE DIVISIONAL OFFICER, NARSARAOPETA

MANDAL.

4. THE TAHSILDAR, NUZENDLA, PALNADU 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 to prayed that this Writ of Mandamus, declaring the action

of the 4th respondent in removing the petitioners name from the web

land/online revenue records in respect of landed measuring Ac 5.00

cents in Sy No. 100/1 of Pamidipadu village, Nuzendla Mandal,

Palnadu District as against law, highhanded, arbitrary and violative of

principles of Natural Justice and 300-A of the Constitution of India and

consequently direct the 4th respondent to restore the petitioners name

in the web land/online revenue records in respect of the

aforementioned land and pass such other order or orders.

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Counsel for the Petitioner:

1. P VIVEK

Counsel for the Respondent(S):

1. GP FOR REVENUE

The Court made the following:

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ORDER:

It is implored, to declare the action of the 4^th respondent in

removing the petitioner’s name from the web-land/online revenue

records in respect of land admeasuring Ac.5.00 cents in survey

No.100/1 of Pamidipadu village, Nuzendla Mandal, Palnadu District, on

the ground that the action of the respondents is highhanded, arbitrary

and in violation of principles of natural justice and the right guaranteed

under Article 300A of the Constitution of India and it amounts to

deprivation of the property. Hence, prayed to direct the respondents to

restore the name of the petitioner in the web-land / online revenue

records in respect of the aforesaid land.

2. It is stated in the affidavit, that the petitioner’s father late

Sri R. Showraiah, was an ex-serviceman, discharged on 30.11.1946,

granted Ac.5.00 cents of land under Ex-serviceman quota through

proceedings in Rc.TP 880/81 A2, dated 14.08.1981, by the then

Tahsildar, Vinukonda and the same was developed by his father.

Additionally, it is stated that the 3^rd respondent conducted enquiry and

submitted proposal for conversion of the land from Tank Poramboke to

assessed waste land through proceedings vide D.Dis.3085/50, dated

08.06.1950 and forwarded the report to the 2^nd respondent-District

Collector, through Proceedings in L.Dis.12122/52 dated 09.06.1953, to

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grant permission for the conversion of the land from Tank Poramboke

to ayan.

3. And it is further stated that the petitioner’s father was expired in

the year 1996 and the petitioner has succeeded the property to an

extent of Ac.3.00 cents of land by way of testate document i.e. Will

dated 26.09.1994 and an extent of Ac.2.00 cents was devolved upon

the mother of the petitioner out of total extent of Ac. 5-00 cents of land,

and later his mother executed Will dated 17.11.1997 in respect of rest

of Ac.2.00 cents of land and he has become the owner of the land to

the total extent of Ac.5.00 cents.

4. While so, in the year 2009, the 4^th respondent-Tahsildar,

collected the original patta issued in favour of the petitioner’s father and

replaced it with a new agricultural land transfer certificate in the name of

the petitioner through proceedings in D/C No.880/1488 date 17.02.2009

and the name of the petitioner was recorded in the revenue records and

a pattadar passbook was issued in favour of the petitioner on

18.05.2007 and the petitioner is also p