Authorities must adhere to judicial directions; deviation from such orders is impermissible.

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2^nd respondent in withdrawal of his notice dated 27.01.2025 is illegal, irregular, arbitrary, unreasonable unwarranted, unconstitutional, unjustified and unsustainable and set-aside the said notices and pass such other order.

2. Heard the learned Senior Counsel for the petitioner and the learned Government Pleader for the respondents.

3. Learned Senior Counsel for the petitioner submits that the petitioner is one of the coparcener in the joint family and she is entitled for a share in the joint family property. For enforcing the rights of the petitioner, she instituted O.S.No.112 of 2022 for partition of the suit schedule property against respondent Nos.4 to 6 herein. Pending the said suit, respondent No.4 alienated a part of the suit schedule property in favour of respondent No.6 through a registered sale deed dated 09.06.2022. He further submits that pursuant to the sale of part of suit schedule property to the respondent No.6 by way of sale deed, respondent No.6 submitted an application seeking for mutation in the revenue records in compliance of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Having known about the application of the 6^th respondent for mutation, the petitioner submitted objections and also brought to the notice of the respondents regarding the pendency of the partition suit. Ignoring the objections, the 2^nd respondent is taking steps for mutation.

4. Learned Senior Counsel for the petitioner further submits that the said action of the 2^nd respondent was challenged before this Court in W.P.No.30684 of 2024, wherein this Court was pleased to pass an order which is extracted hereunder:

“Having regard to the above facts, this Court deems it appropriate to dispose of the Writ Petition, at the stage of admission, without going into merits, directing the Tahsildar (Respondent No.2) to pass a Speaking Order in accordance with law and taking into account the pendency of the Suit bearing O.S.No.112 of 2022, pending on the file of Civil Judge (Junior Division), Madakasira and also the Notice given to the Tahsildar under Section 80 of the Civil Procedure Code, 1908. Needless to state that the Writ Petitioner is at liberty to approach the Civil Court by moving the appropriate Application for any interim order.

There shall be a direction to the Respondent No.2 to maintain Status-quo obtaining as on today for a period of four (4) weeks to enable the parties to avail appropriate remedies as available to them under law.”

5. The order passed in W.P.No.30684 of 2024 was assailed by way of Writ Appeal No.51 of 2025, wherein the Division Bench of this Court was pleased to pass an order dated 22.01.2025, which is extracted hereunder:

“8. In that view of the matter, without going into the question of whether any notice has been received by the appellant or not, this Writ Appeal is disposed of with the following directions:

1) The Tahsildar shall issue a fresh notice to the petitioner setting out the grounds on which mutation is sought by the 6^th respondent along with the material produced and submitted by the 6^th respondent to the Tahsildar;

2) The appellant is granted two weeks time from the date of receipt of the notice from the Tahsidlar to file her objections;

3) The Tahsildar, after receipt of such objections shall consider the said objections and pass orders, as thought fit especially keeping in view the pendency of O.S.No.112 of 2022;

4) In the event of the appellant not filing her objections within the two weeks stipulated above, it shall be open to the Tahsildar to pass appropriate orders;

5) Needless to say, any orders passed by the Tahsildar shall be after giving due opportunity of hearing to the appellant and in accordance with the directions of the leaned