APHC010993472017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3206]

(Special Original Jurisdiction)

SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 40374/2017 Between:

1. P ONUGOTI SUBBARAO, S/O. LATE. RAMASWAMY AGED ABOUT 58 YEARS, OCC: AGRICULTURE SOMARAJUPALLI VILLAGE, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. ANDHRA PRADESH.

2. P ONUGOTI CHENCHAIAH, S/O. LATE. RAMASWAMY AGED ABOUT

50 YEARS, OCC: AGRICULTURE SOMARAJUPALLI VILLAGE, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. ANDHRA PRADESH.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT A.P SECRETARIAT, A.P SECRETARIAT, VELAGAPUDI ARNARAVATHI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ANDHRA PRADESH.

3. T HE REVENUE DIVISIONAL OFFICER, KANDUKUR PRAKASAM DIST.

4. T HE TAHSILDAR, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT. ANDHRA PRADESH

5. P UNUGOTI SRINU, S/O. SUBBAIAH AGED ABOUT 45 YEARS, OCC:

AGRICULTURE SOMARAJUPALLI VILLAGE, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT. ANDHRA PRADESH.

...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 toto issue a Writ of Mandamus or any other appropriate Writ Order or orders, Direction or Direction to declaring the action of the 4th respondent in not to mutate the petitioner names in revenue records, in issuing 4th respondent endorsement R.C.B /977/2016, dated 20-12-206 and issued pattadar pass book infavour of the 5th respondent herein without due process of law and without issuing notice to the petitioners in respective of property in Sy.715/2 for an extent of Ac.2-82 cents, situated at Somarajupalli village, Singarayakonda Mandal, Prakasam District. Andhra Pradesh., as illegal, arbitrary and violation of the Art.14,21, 300(A) of Constitution India and Principle of Natural Justice and consequently direct the 4th respondent to mutate the petitioner's names in revenue records and pending disposal of the Writ petition before this Hon'ble Court IA NO: 1 OF 2017(WPMP 50104 OF 2017 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 direct the 4th respondent to to mutate the petitioner's names in revenue records of the petitioners property in Sy.715/2 for an extent of Ac.2-82 cents, situated at Somarajupalli village, Singarayakonda Mandal, Prakasam District, Andhra Pradesh., pending disposal of the Writ petition before this Hon'ble Court Counsel for the Petitioner(S):

1. VENKATESWARLU GADA Counsel for the Respondent(S):

1. GP FOR REVENUE (AP)

The Court made the following:

The Court made the following ORDER:

The case of the petitioners is that the father of the petitioners had been assigned Ac.2-82 cents of land in Sy.No.715/2 of Somarajupalli Village, Singarayakonda Mandal of Prakasam District. Upon the demise of his father, the petitioner is said to have moved the Tahsildar, Singarayakonda for necessary mutation in the revenue records. On account of the delay in considering his request, the petitioner had approached this Court, by way of W.P.No.26494 of 2016 which was disposed of on 11.08.2016 with a direction to the Tahsildar to dispose of the application of the petitioner.

2. Thereafter, the Tahsildar, Singarayakonda passed an endorsement, dated 20.12.2016. In this endorsement, it was stated that the father of the petitioner had sold away this land to a third party by way of document, dated 30.05.1987. On account of this alienation, the land had been resumed by proceedings of the Tahsildar, dated 25.12.2011. It was also stated that the land was actually being cultivated by one Sri P.Srinu and the land was assigned to Sri P.Srinu on 25.12.2011. Aggrieved by these proceedings, the petitioner has approached this Court by way of the present writ petition.

3. The primary contenti