APHC010252532023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13515/2023 Between:

1. GOLLA NAGARAJU, S/O LATE THIPPANNA, AGED 53 YEARS, OCC. AGRICULTURE, R/O NAGULURU VILLAGE, PENUKONDA MANDAL, SRI SATYA SAI DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ASSIGNMENT) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, SRI SATYA SAI, SRI SATYA SAI DISTRICT.

3. THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATYA SAI DISTRICT.

4. THE TAHSILDAR, CHILAMATTHUR MANDAL, SRI SATYA SAI 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 of mandamus or any other appropriate writ order or direction declaring the action of the respondent No.4 in rejecting the request of the petitioner for issuance or 1B Adangal, Pattadar Pass Books and Title Deeds in the place of his wife G. Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 Cts., situated at Koduru Village, Chilamatthur Mandal, Sri Sathya Sai District is illegal and arbitrary and consequently direct the respondents 2 to 4 to issue 1B Adangal, Pattadar Pass Books and Title Deeds in favour of the petitioner in the place of his wife G. Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 Cts., situated at Koduru Village, Chilamatthur Mandal, Sri Sathya Sai District forthwith and to pass IA NO: 1 OF 2023 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 pleasedtodirect the respondents 2 to 4 to issue 1B Adangal, Pattadar Pass Books and Title Deeds in favour of the petitioner in the place of his wife G. Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 Cts., situated at Koduru Village, Chilamatthur Mandal, Sri Sathya Sai District forthwith, pending disposal of the writ petition and to pass Counsel for the Petitioner:

1. N ASWARTHA NARAYANA Counsel for the Respondent(S):

1. GP FOR REVENUE The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13515 of 2023

ORDER:

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

“… to issue an order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in rejecting the request of the petitioner for issuance of 1B Adangal, Pattadar Pass Books and Title Deeds in the place of his wife G.Vinodamma in respect of land in Sy.No.777-5 admeasuring Ac.1.04 cents situated at Koduru village, Chilamatthur Mandal, Sri Sathya Sai District as illegal and arbitrary, subsequently direct the respondents 2 to 4 to issue 1B Adangal, Pattadar Pass Books and Title Deeds in favour of petitioner in the place of his wife..…”

2. The facts that narrated in the affidavit filed in support of the Writ Petition are that an extent of Ac.1.04 cents of land in Sy.No.777-5 situated at Koduru village, Chilamatthur Mandal, Sri Sathya Sai District, vide DKT patta, was granted in favour of petitioner’s wife. On the death of patta holder, the petitioner herein filed an application dated 02.08.2022 requesting the respondent authorities to mutate his name in the revenue records and to issue 1B Adangal, Pattadar Pass Books and Title Deeds in his favour in the place of his wife G.Vinodamma in respect of land in Sy.No.777-5. Hence, the present Writ Petition is filed to direct the 4^th respondent to conduct an enquiry as the order impugned is not on merits and sought a direction to the 4^th respondent/Tahsildar to examine the application dated 02.08.2022 submitted by the petitioner and pass appropria