S Jyothi vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Disposed
Order Date:5 May 2023
CNR:APHC010228432023

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Order Issued After Hearing

Purpose:

Admission (Revenue)

Before:

Hon'ble Subba Reddy Satti

Listed On:

5 May 2023

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Order Text

HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No. 12028 of 2023

S. Jyothi, S/o. K. Siva Linga, aged about 63 years, R/o. Vikruthamala village, Yerpedu Mandal, Tirupati District and another.

… Petitioners

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat buildings, Velagapudi, Guntur District and 3 others.

… Respondents

Counsel for the petitioners: M/s. P. Gangarami Reddy
Counsel for respondents: Learned Government

Pleader for Revenue

: ORDER :

The above writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"… to issue a Writ of Mandamus declaring the action of the respondent No.4 in not updating the Mee Bhoomi Web land records and not entering the lands an extent of Ac.5.00 cents in survey No.19-P4 in favour of petitioner No.1 and an extent of Ac.5.00 cents in survey No.19-P5 in favour of petitioner No.2

situated at Vikruthamala village, Yerpedu Mandal as illegal and arbitrary."

  1. Petitioners contended that they are Ex-Service men. Respondent No.4 assigned the land an extent of Ac.5.00 cents in survey No.19-P4 and 19-P5 in favour of petitioners situated at Vikruthamala village, Yerpedu Mandal vide DKT No.136/4/1407 and 137/4/1407 dated 30.06.1998 respectively. Respondent No.4 issued pattadar pass books and title deeds. Petitioners have been in possession and enjoyment of subject lands. Petitioners made representation on 12.11.2020 to the respondent No.4 to enter their names in web land records. Petitioners again made representation on 25.01.2023. Since the respondent No.4 is not acting upon the representation, the above writ petition is filed.

  2. Heard Sri P. Gangarami Reddy, learned counsel for petitioners and learned Government Pleader for Revenue on behalf of the Respondents.

  3. Counsel for the petitioners would submit that respondent No.4 is not acting upon the representation made by the petitioners. He also would submit that since their lands have been shown as Government land petitioners'

request has not been accepted by Mee-Seva to make application Form VI-A and hence, the petitioners were constrained to make representations to the respondent No.4.

  1. Learned Assistant Government Pleader also endorses the submission made by the learned counsel that lands are described in web land is Government lands. Hence the application is in Mee-Seva, is not uploaded. Learned government pleader would submit that in the facts of this case, offline application made by the petitioner will be considered.

  2. Admittedly, the DKT pattas were issued in favour of the petitioners. Pursuant to DKT pattas, respondent No.4 issued pattadar pass books and title deeds. Respondent No.4 is the authority under the Andhra Pradesh Rights and Land and Pattadar Pass Books Act, 1971 and the Rules made under, to update revenue records and to make entries. The online web land records are being maintained by respondent No.4. Petitioners, as per the forms annexed to the Act are supposed to make application under Form VI-A. The said application should be through online. However, since the online

3

application is not accepted, the petitioners were constrained to make representations dated 12.11.2020 and 25.01.2023.

  1. In view of the facts and circumstances of the case, respondent No.4 shall consider the representation of the petitioners dated 25.01.2023 and pass appropriate orders regarding updation of entries in revenue records i.e., online web land in respect of Ac.5.00 cents in survey No.19-P4 and Ac.5.00 cents in survey No.19-P5 situated at Vikruthamala village, Yerpedu Mandal within a period of eight (08) weeks strictly in accordance with law and communicate the same to the petitioners.

  2. With the above directions, this Writ Petition is disposed of. No order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

________________________________ JUSTICE SUBBA REDDY SATTI

Date: 05.05.2023. SR