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2023 Supreme(AP) 408

TARLADA RAJASEKHAR RAO
Nune Atchutha Ramayya – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.V. JAGGI REDDY

Judgement Key Points

Key Points: - (!) The petition challenges mutation of names in revenue records contrary to Civil Court decree in O.S.No.19/1988 (dt. 9-7-1991). - (!) Under Section 8(2) of the Act, an aggrieved person may seek a declaration of right in a civil suit, and the entry in the record of rights shall be amended accordingly. - (!) Any amendment to the record of rights is subject to the decision of the Civil Court where a related suit is pending. - (!) The petition was dismissed with the observation that amendments to the record of rights shall be subject to the decision in O.S.No.6 of 2021. - (!) Jurisdiction under Article 226 is equity-based and requires clean hands; misuse can deny relief (K.D. Sharma v. SAIL reference and State of Maharashtra v. Digambar cited). - (!) Appellate remedies exist under Section 5(5) and 5(6) of the Act; writs are not to override pending civil proceedings. - (!) There shall be no order as to costs; interlocutory applications to be closed. (!) (!)

How to challenge mutation of revenue records under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971?

What is the effect of Section 8(2) and the requirement to seek civil court declaration before amending the record of rights?

What are the consequences of approaching the High Court under Article 226 with equity considerations when a civil suit is pending?


ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-

    "To issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the 4th respondent herein in mutating the name of the respondents no.5 to 12 in revenue records (Adangal, etc.) pertaining to the lands to an extent of Ac.23.90 cts, Ac.17.42 cts, Ac.3.07 cts, 6.64 cts, Ac.25.46 cts, 51.04 cts in S.No.210, 211, 212/1, 212/2, 213, 222 of Purushothapatnam Village, Seethanagaram Mandal, East Godavari District, contrary to the Civil Court decree in O.S.No.19/1988, dt.9-7-1991, is illegal, arbitrary, violative of Principles of Natural Justice, Contrary to the Provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and the rules made there under and Arts. 14, 21 and 300-A of the Constitution of India and consequently direct the respondent to delete the entries made in revenue records pertaining to the Survey number and extent stated supra and pass such other orders."

2. The present Writ Petition is filed aggrieved by the action of the respondents, more particularly, the 4th respondent in mu

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