Andhra Pradesh High Court - Amravati
Ramisetty Rama Rao, vs The State Of Andhra Pradesh, on 19 February, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 6360 OF 2020
Between:
1. Ramisetty Rama Rao, S/o Venkateswarlu, Hindu, aged about 54 years,
2. Ramisetty Veera Sankara Rao, S/ o Rama Rao, Hindu, aged about 34
years,
3. Ramisetty Amarendra Kumar, S/o Late Koteswara Rao, Hindu, aged
about 14 being minor represented by his paternal uncle Ramisetty
Rama Rao, Hindu, aged about 54 years.
All are residents of Munagapadu Village, Cheruvu madhavaram post, G.
Konduru Mandal, Krishna District.
...Petitioners
AND
1. The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue
Department, Government of Andhra Pradesh, Secretariat Buildings,
Velgapudi, Amaravathi, Guntur District - 522 503
2. The District Collector, Krishna District, Collectorate Compound,
Machilipatnam.
3. The Revenue Divisional Officer, Krishna District, Collectorate
Compound, Machilipatnam.
4. The Tahsildhar, G.Konduru Village and Mandal, Krishna District.
...Respondents
W
r
/
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 issue a Writ order or direction, more particularly one in the
■ ■». '■ nfture of Writ of Mandamus declaring the action of R2 and R3 in not
"rectifying the entries in revenue records by deleting the words government
poramboku and gramakantam by incorporating the words pattaland and
ancestral land in respect of Ac.0.55cents in D.No.68/ 3 of Munagapadu
Village, G.Koduru Mandal, Krishna District inspite of several requests and
inspite of issuing pattadar passbook for title to me showing me as owner
and the property as ancestral is arbitrary, illegal being violative of article 21
and 300-A of Constitution of India and consequently direct the respondents
to delete the word gramakantam and government and poramboku land as
noted in column No.11 and 2, 3 of R.S.R and in adangal for possession
and in other revenue records and replace them with words patta land and
ancestral for land of Ac.0.55cents in D.No.68/3 of Munagapadu Village,
G.Konduru Mandal, Krishna District and direct them not to assign and allot
to weaker sections relating the same on government land.
lA 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 not to take any steps directly or indirectly
to evict the petitioner from the land of Ac.0.55cents in D.No.68/ 3 of
Munagapadu Village, G.Kondruadu Mandal, Krishna District during the
pendency of the Writ Petition before this Hon'ble Court.
Counsel for the Petitioner: SRI. ATCHUTUNI RAMA MOHAN RAO
Counsel for the Respondents: GP FOR REVENUE
The Court made the following order:
# APHC010103932020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3458]
S (Special Original Jurisdiction)
WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 6360/2020
Between:
...Petitioners
Ramisetty Rama Rao and others
AND
The State of Andhra Pradesh and others ...Respondents
Counsel for the Petitioners:
I.Atchutuni Rama Mohan Rao
Counsel for the Respondents):
1 .GP for Revenue (AP)
The Court made the following order:
for the
Heard Sri Atchutuni Rama Mohan Rao, learned counsel
petitioners and learned Assistant Government Pleader for Revenue appearing
for the respondents.
2. Being aggrieved by the inaction of the respondent Nos.2 and 3 in not
rectifying the entries in the revenue records in respect of the Ac.0.55 cents in
D.No.68/3 of Munagapadu Village, G.Koduru Mandal, Krishna District, the writ
petition is filed. The petitioner has sought for a consequential direction to the
2
KM,J
W.P.No.6360 of 2020
respondents to delete the word -Gramakantam and "Government" and
'Poramboke land" in column Nos.11 and 2, 3 of RSR and ini the adangal to
replace the same with words patta land" and "ancestors land".
3.
The petitioner contends that the
petitioner's father has gifted the subject
property to the petitioners. The father of the
petitioner inherited the property
from his father, i.e., the grandfather of the petitioners. It isi contended that the
petitioners' grandfather purchased the subject property vide registered sale
deed bearing No.972/1947 from one Kcneru Venkata Ratnam and others.
4. Although the pattadar passbooks were issued in favor of the petitioners
after the execution of the registered gift deed the corresponding entries in the
revenue records were not affected. Bringing this to the notice of the
respondents, the father of the petitioners filed a representation dated
16.03.2013 and another undated representation to the 4'^
respondent,
However, the said representations
were never considered by the respondents,
which constrained the petitioner to file the present writ petition.
5.
In the representation, it was contended that the subject land is classified
as gramakantam land. The father of the petitioners sought deletion of the said
entry and incorporation of the petitioners name, stating that the subject land
has been put to agricultural purposes since time immemorial.
6. Today, when the matter is taken up for hearing, the learned Assistant
Government Pleader for Revenue has placed on record a copy of the written
instructions received from the 4th respondent-Tahsildar dated 23.01.2025. A
3
m.j
4 W.P.No.6360of2020
perusal of the same reflect that the subject land is classified as Gramakantam
r land in the revenue records. Although the property was initially listed under
Section 22-A of the Registration Act under the prohibitory list, it was
r
subsequently withdrawn pursuant to the instructions of the Government.
7. It is further stated that since Gramakantam lands are reserved only for
house plots, and the applicant is using the subject land for agricultural
purposes, the mutation has not been effected. Furthermore, the instructions
state that the applicant has transferred the property. It is also stated that the
document under which the property was transferred in favor of the petitioners
is based on a square yard basis.
8. In reply, the learned counsel for the petitioner, referring to the adangal
filed along with the writ petition dated 11.11.2012, contends that the extent of
the land is shown on an acreage basis. The relevant entries in the Pattadar
passbooks classify the subject land as dry land. He thus contends that the
reasons shown by the respondents for not acting on the application filed by
the petitioner are not sustainable and prays for allowing the writ petition.
9. The learned counsel for the petitioners further submits that since the
date of purchase of the subject land by their grandfather in 1947, the subject
land has been put to agricultural purposes. However, the Sub-Registrar, for
the purpose of registering the subject land, valued it on a square yard basis.
Therefore, the petitioners had no other alternative except to mention it in the
gift deed on a square yard basis.
4
KM.J
W.P.No.6360of2020
10.
Considered the rival submissions, before going into the issue raised in
the writ petition, it is relevant to refer to the definition of land" as defined
under Section 2(4) of the Andhra Pradesh Rights in Land and Pattadar Pass
Books Act, 1971, which reads as follows:
"Section 2(4): "Land" means land which is used or is
capable of being used for purposes of agriculture,
including horticulture but does not Include land used
exclusively for non-agricultural purposes;"
11.
The definition of "land" was amended with retrospective effect from
29.07.2021. The definition of land, as amended, reads as follows:
"Section 2(4): "Land" means all lands, irrespective of its
usage, falling within a Village, including Agricultural land,
Non-Agricultural land, Gramakantam etc;"
12.
Section 4 of the Act specifies that any person acquiring any right by
succession, survivorship, inheritance, partition, Government patta, decree of a
Court or otherwise, as owner, pattadar, mortgagee, occupant, or tenant of
land, and any person acquiring any right as occupant of land by any other
method, shall intimate in writing their acquisition of such right to the Tahsildar
within 60 days from the date of such acquisition through online submission.
13. After submission of such intimation either online or in-person, the
Tahsildar shall determine whether and, if so, in what manner the record of
rights may be amended in consequence thereof, and shall carry out the
amendment in the record of rights in accordance with such determination.
5
m,j
W.P.No.6360of2020
14. Having regard to the definition of "land" as defined under Section 2(4) of
the Act, which includes agricultural land, non-agricultural land, and
f Gramakantam land. The contention of the respondents that since the land was
transferred on a square yard basis and since the land is classified as
Gramakantam land, the necessary mutation had not been carried out by them
in the revenue records, is not sustainable.
15. In view of the above, the petitioner is granted liberty to file a fresh
application before the revenue officials, seeking incorporation of necessary
entries in the revenue records, in terms of the provisions of Section 5 of the
Act. The petitioner shall file the application within a period of four weeks from
the date of receipt of this order. Thereafter, the 4*'^ respondent shall dispose of
the same within a period of three months.
th
16. The written instructions of the 4 respondent-Tahsildar, dated
23.01.2025 are placed on record.
17. With the above observation, the writ petition is disposed of. There shall
be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed.
Sd/- K. SRINIVASA RAJU
ASSISTANT REGISTRAR
//TRUE COPY//
' SECTION OFFICER
To,
1. The Principal Secretary, Revenue Department, Government of Andhra
Pradesh, Secretariat Buildings, Velgapudi, Amaravathi, Guntur District-
522 503.
1^%
2. The District Collector, Krishna District, Collectorate Compound,
Machilipatnam.
3. The Revenue Divisional Officer, Krishna District, Collectorate
Compound, Machilipatnam.
4. The Tahsildhar, G.Konduru Village and Mandal, Krishna District.
5. One CC to Sri. Atchutuni Rama Mohan Rao Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
7. Three CD Copies
GSC
HIGH COURT
DATED: 19/02/2025
ORDER
WP.No.6360 of 2020
Ov.
t 19 MAR 2025 ^ . Current ciecuon DISPOSING OF THE WP WITHOUT COSTS