THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33471 OF 2025

O R D E R:

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

“... to issue a writ, order or direction particularly one in the nature of writ of Mandamus declaring the inaction of the 4^th respondent in not issuing the succession/mutation to the petitioner in respect of the agricultural lands in Sy.No.293/A/1 to an extent of Ac. 6-3200 Gts. Situated at Kasipet Shivar Village, Kaspiet Mandal, Mancherial District, despite the orders of the 3^rd respondent Revenue Divisional Officer in proceeding No.C/1101/2025 Dated 21-05-2025, pursuant to the direction of the this Hon'ble High Court in W.P.No.50 of 2025 order dated 03-01-2025, as the same is illegal, arbitrary and violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the respondent No.4 to forthwith issue the succession/mutation proceeding in favour of the petitioner in respect of the above said land and to pass such other order or orders …”

2. Heard Mr.Gajanand Chakravarthy, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondents.

3. Learned counsel for the petitioner submits that the father of the petitioner was the owner and possessor of an agricultural land admeasuring Acs.6-3200 Gts. in Sy.No.293/A/1, situated at Kasipet Shivar Village, Kaspiet Mandal, Mancherial District and he was in peaceful possession and enjoyment of the said land; that after the death of the petitioner’s father, the said land devolved upon the petitioner. He states that the petitioner has submitted an on-line application No.2400622368 dated 11.09.2024 before the official respondents seeking to mutate his name in the revenue records with respect to the said land. But the official respondents have not considered the case of the petitioner.

4. He further states that the petitioner has also filed W.P.No.50 of 2025 being aggrieved by the action of official respondents in not considering the on-line application of the petitioner. This Court, vide order dated 03.01.2025 in W.P.No.50 of 2025, directed official respondents to pass appropriate orders, within three months from the date of receipt of the copy of the order. Pursuant thereto, respondent No.3 vide proceedings No.C/1101/2025 dated 21.05.2025 ordered for sanction of succession in favour of petitioner. Despite, the on-line application of the petitioner is pending consideration before official respondents. Hence, the petitioner seeks indulgence of this Court to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue, by furnishing the copy of written instructions passed on to the petitioner herein by respondent No.4-Tahsildar submits that the suit land falls in the Agency Area and an Agency Suit filed by one Chippakurthi Bhumakka vide Case No.A4/CPC/2832/2021 is pending before the Additional Agent to the Government and PO, ITDA, Utnoor; that there was a title dispute between the petitioner and one Chippakurthi Bhumakka with respect to the said land. He states that pending Agency Suit, the Revenue Divisional Officer issued the proceedings No.C/1101/2025 dated 21.05.2025 and due to pendency of Agency Suit, the Office has kept the request of the petitioner on hold. Therefore, he seeks to dismiss this Writ Petition.

6. Having regard to the submissions of both the learned counsel, this Court without making any observations on the merits or demerits of the case, is inclined to direct respondent No.4 examine the case of the petitioner and pass appropriate orders strictly in accordance with law, basing on the result of the Agency Case No.A4/CPC/2832/2021 pending before the Additional Agent to the Government and PO, ITDA, Utnoor, by putting the interested parties on notice and affording them sufficient opportunity of hearing.

7. With the above direction, this Writ Petition is disp