APHC010315872023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 16225/2023 BETWEEN:

1. D LAKSHMI, W/o. D. GANGADHARA, AGED 53 YEARS OCC:

AGRICULTURE, R/o. D.No.24-441, SIDDAIAH GUTTA, DHARMAVARAM, SRI SATYASAI DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT

2. THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM DISTRICT.

3. THE TAHSILDAR, TIPPEPALLY VILLAGE, KAMMADURU MANDAL, SRI SATYASAI DISTRICT

4. THE REVENUE DIVISIONAL OFFICER, KALYANADURGAM, KOMMADURU MANDAL. ANANTHAPUR DISTRICT

5. THE REVENUE INSPECTOR, TIPPEPALLY VILLAGE, NUTIMADUGU PANCHAYAT KAMMADURU MANDAL, SRI SATYASAI DISTRICT

6. E SARASVATHI MPTC, W/o. LINGAMURTHY, AGE NOT KNOWN, OCC: NOT KNOWN, R/o. TIPPEPALLI VILLAGE, NUTIMADUGU PANCHAYAT, KOMMADURU MANDAL, SRI SATYASAI DISTRICT.

...RESPONDENT(S):

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 nature of writ of Mandamus to declare the action of the respondent No.3 in removing the Revenue records by entering the name of the respondent no.6 in respect of the land admeasuring Ac. 5.12 cents in Sy.No.227-5 situated in Nutimadugu Village, Kambaduru Mandal, Sri Satyasai District without following the due process of law and without issuing notices to the petitioner as Arbitrary, illegal, and contrary to section 5(3) read with Rule 19 and 5(2) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, and consequently direct the respondent no.3 to enter the name of the petitioner in revenue records for the extent of Ac. 5.12 cents in Sy.No.227-5 situated in Nutimadugu Village, Kambaduru Mandal, Sri Satyasai District as Pattadar and Possessor by deleting the name of the respondent No.6 and to pass such other order or orders.

IA No. 1 OF 2024 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 permit the Petitioner to amend the prayer portion in the affidavit and petition in W.P.No. 16225 of 2023 by inserting the words “ Ananthapuram District ” in place of “ Sri Satyasai District” in the interest of Justice.

Counsel for the Petitioner:

1. SAZID KALLUR Counsel for the Respondent(S):

1. GP FOR REVENUE 2. PETA GNANA TEJA The Court made the following:

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16225 of 2023

ORDER:

The admitted fact is that an extent of admeasuring Ac.5-12 cents situated in Nutimadugu village, Kambaduru Mandal, was assigned in favour of the father-in-law of the Writ Petitioner and father-in-law of the

6^th unofficial respondent. The DKT patta was issued in the year 1955.

2. It is the case of the petitioner herein that since decades together, the petitioner is enjoying the property and her name was mutated in the revenue records. But, however, the 6^th unofficial respondent with an intention to grab the land of the petitioner, in the absence of the petitioner in the village, has done conspiracy along with the respondent Nos.3 and 5 and got illegally mutated in the name of the 6^th unofficial respondent in the online revenue records and the petitioner is the owner of the property and even assuming that the 6^th unofficial respondent is having any right, the official respondents have not given any notice before mutating the name of the 6^th unofficial respondent. Hence, the mutation in the revenue records is contrary to the judgment of the Full Bench of the erstwhile High Court of Andhra Pradesh, in the case of Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally, AIR 2008 AP 15 and under Rule 19 of the A.P. Rights in Land and

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