2025 Supreme(AP) 670
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
KIRANMAYEE MANDAVA, J.
Onteru Eswaramma W/o Mohan Rao - Appellant
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No. 6528 of 2025
Decided On : 06-08-2025
Advocate Appeared:
For the Appellant : Marella Radha
For the Respondent: Doddala Prudhvi Teja
A writ petition under Article 226 cannot resolve private law disputes involving title and possession, which require factual determination.
Headnote:(A) Constitution of India - Article 226 - Writ petition seeking to challenge the granting of a quarry lease - Dispute regarding title to property inherited from deceased family member - The court notes that disputes over title require factual determination beyond the scope of Article 226. (Paras 9 and 10)
(B) Judicial Review - The High Court's jurisdiction under Article 226 is limited to reviewing legality, irrationality, and procedural propriety, and is not available for resolution of private law disputes. (Paras 9 and 10)
Facts of the case:
Petitioners claim inheritance of property from Yerrakula Ramulamma following her death and challenge a mining lease granted to the 9th respondent, which they allege encroaches on their land. Disputes regarding sales and leases of the property complicate the matter.
Findings of Court:
The court asserts that the High Court will not engage in adjudicating factual title disputes, emphasizing the need for resolution through civil courts instead.
Issues: The primary issues encompass the validity of property claims of the petitioners versus the unofficial respondents.
Ratio Decidendi: The court held that judicial review under Article 226 cannot be used to resolve property or title disputes, which require extensive factual appraisal.
Result: Writ petitions dismissed.
| Table of Content |
|---|
| 1. inheritance and property rights in family partition (Para 2 , 3 , 4 , 5) |
| 2. claims on property by heirs versus purchasers (Para 6 , 7) |
| 3. limits of writ jurisdiction in title disputes (Para 8 , 9 , 11 , 12) |
| 4. rejection of claims without challenge (Para 10) |
| 5. decision to dismiss and closure of applications (Para 13) |
ORDER :
1. Heard Sri K.S. Murthy, learned counsel appearing for Ms. Marella Radha, learned counsel for the petitioners, learned Government Pleader for Revenue, Sri M.R.K. Chakaravarthy, learned counsel for the 9th respondent (in W.P.No.6528 of 2025).
2. The instant writ petitions are filed by the petitioners, challenging the proceedings of the 5th respondent granting quarry lease in favour of the 9th respondent.
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3. It is contended that the 6th petitioner has inherited the subject property from her stepsister.
4. The brief facts of the case, as per the writ petitioners, are:
In a family partition, the petitioner's father, Palakuri Punnaiah, was allotted an extent of 9 Acres in Sy.No.473 of Perecherla Village, Medikonduru Mandal, Guntur District. His brother, Sri Palakuri Venkateswarlu, and his sister also received equal shares. Petitioner’s father had two wives. Through his first wife, Kanthamma, he had two daughters, Yerrakula Ramulamma and Annapurna; through his second wife, Thirupathamma, he had one daughter, Kamalamma. He had gifted the said property in favour of his eldest daughter, Yerrakula Ramulamma, through his first wife, through a registered gift deed dated 21.08.1971. Yerrakula Ramulamma sold an extent of Ac.1.00 cents in favour of third parties and an extent of Ac.0.26 cents in favour of third parties. Ramulamma died intestate, and the 6th petitioner, claiming to be the sole surviving heir of her sister, Yerrakula Ramulamma, approached the revenue authorities seeking mutation of her name in the revenue records. On 04.02.2024, the revenue authorities have passed orders, mutating the name of the 6th petitioner in the revenue records. It is contended that she subsequently gifted the subject properties to her daughters and grandchildren.
On coming to know that the 9th respondent had been carrying out quarrying operations on the subject land, the petitioners obtained information under the RTI Act and came to know of the subject mining lease granted in favour of the 9th respondent over an extent of Ac.1.00 cents. The said mining lease was alleged to have been granted based on an NOC issued by the 8th respondent. It is alleged that the 9th respondent and his brother, under the guise of conducting quarrying in their respective lands, are quarrying in the petitioner's lands. It is further stated that they have laid claim before the revenue authorities in respect of the petitioners' lands and that they have also filed a Civil Suit.
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5. The 9th respondent filed a counter-affidavit. The facts regarding the family partition between the family members of Palukuri Punnaiah and the transfer by way of gift of the entire extent of Ac.9.00 cents in favour of Yerrakula Ramulamma, the eldest daughter of Punnaiah, are not in dispute. It is stated that Ramulamma, during her lifetime, had sold away the land through different sale deeds between 1986 and 1992 and was issued a pattadar pass book for the remaining extent of Ac.6.62 cents out of which an extent of Ac.3.00 cents was sold in favour of one Dandamudi Venkata Rathaiah under Registered Sale Deed No.3883 of 1998 and Ac.1.00 cents in favour of M/s Sri Sainath Stone Crushers, 9th respondent herein is one of its partners and an extent of Ac.0.26 cents was sold separately in 2006. She died in 2008.
6. The learned Senior Counsel Sri K.S.Murthy appearing for Smt. Marella Radha, learned counsel for the petitioners argues that the 6th petitioner is the sole surviving legal heir of the late Yerrakula Ramulamma and she has succeeded to the property. However, the unofficial respondents have obtained the quarry lease without valid title to the property. Under the guise of the