IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Cheemalapati, J.
G Akkamma – Appellant
Versus
The State of AP – Respondent
Writ Petition No. 1894 of 2019
Decided On : 11-11-2022
Constitution of India, 1950 – Article 226 – Power of high court to issue certain writs – Writ Petition has been filed by petitioner invoking jurisdiction of this Court under Article 226 of Constitution of India for relief – Held, Perusal of impugned proceedings clearly shows that, at one breath it has been stated that as on date of sub division of land held , petitioner’s husband was shown as possessor of Survey for an extent of Ac.3-67 and Ac.1-00 respectively, whereas, in same proceedings, at another breath, at concluding paragraph, Tahsildar has held that neither petitioner nor her husband entered into property within three years from date of issuance of patta – Observation made by Tahsildar regarding non-entering into possession of land within three faslie years from date of issuance of patta is not in consonance with title claimed by petitioner over subject lands, impugned proceedings does not contain as to under what authority and under which provision of law it has been passed – Impugned proceedings styled as an endorsement and not as an order and it contains contradictory versions regarding possession, as such same is liable to be set aside – Writ petition disposed of.
ORDER :
This Writ Petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India for the following relief :
2. The case of the petitioner, in brief, is that her husband, Golla Bayappa, purchased an extent of Ac.3-67 cents in Sy.No.129-1 of Kappalabanda Revenue village, Puttaparthy Mandal, Ananthapuram District from its rightful owners through a registered sale deed dated 22.06.1970 vide document No.784 of 1970 and he purchased another extent of Ac.1-00 in the above survey number through registered sale deed vide document No.1261 of 1970 and ever since, they are in possession and enjoyment of the above lands by raising crops therein. It is her further case that pursuant to the application made by her husband on 19.05.1989, Mandal Surveyor surveyed the said lands along with other lands and the 4th respondent issued proceedings dated 08.01.1990 allotting Sy.No.129-1A1 to Ac.3-67 cents and Sy.No.129-1B1 to Ac.1-00. Thereafter, when some third parties made representation to the 4th respondent-Tahsildar claiming right over the above lands, the 4th respondent after due enquiry passed order dated 05.04.1992 confirming the right, title and possession of petitioner’s husband over the subject lands and his name was also mutated in revenue records and the 4th respondent had also issued pattadar passbooks and title deeds in his name and the petitioner’s husband, during his lifetime, had availed loan from Primary Agricultural Cooperative Credit Society, Kothacheruvu, Ananthapuram District by depositing his title deeds and registered sale deeds. It is her further case that her husband died on 01.06.2006 leaving behind him the petitioner and four sons and they came into possession and enjoyment of the above lands and on being insisted by the bank authorities to produce passbook and title deeds standing in the name of the petitioner and her sons, she being the elder member of the family, submitted several representations including the one made on 22.05.2018 requesting the respondent authorities to mutate her name in the revenue records and issue pattadar passbooks and title deeds in her name and she also made online request on 21.05.2018 through E-seva vide application No.RMU011800676306. It is the further case of the petitioner that, as there was no response inspite of lapse of considerable time, she filed writ petition vide W.P.No.29757 of 2018 seeking a direction to the respondent authorities to mutate her name in revenue records and issue pattadar passbooks and title deeds in her name in respect of the subject lands and the said writ petition was disposed of on 21.08.2018 with a direction to the respondents to consider the petitioner’s online application. It is the further case of the petitioner that, the 4th respondent issued the impugned endorsement dated 19.11.2018 in R.C.No.478/2018/A rejecting her request on the ground that the lands in question are banjar lands and after grant of D-form patta her husband had never entered into possession of the land and even after his death, the petitioner had not entered into possession of land except requesting for issuance of pattadar passbooks.
It is the further case of the petitioner that, the 4th respondent
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