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2025 DAILYLAW 10225 (AP)

PATAN CHANDINI v. THE STATE OF ANDHRA PRADESH

WP/6036/2025 · 2025-03-12

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) J WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6036 OF 2025 Between: 1. Patan Chandini, D/o.Abdul Rafi Aged about 30 years, R/o. D.No. 1/52 Rudrampet, Anantapuramu Town, Anantapuramu District. Presently Residing at. NaHamada Village and Madal, Sri Staya Sai District. 2. Patan Soniya, D/o. Abdul Rafi Aged about 28 years, R/o. D.No. 1/52, Rudrampet, Anantapuramu Town, Anantapuramu District. Presently Residing at. Nallamada Village and Madal, Sri Staya Sai District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Registration and Stamps Department Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Puttaparthi, Sri Satya Sai District. (Erstwhile Anantapur District) 3. The Revenue Divisional Officer, Puttaparthi Divison, Puttaparthi, Sri Satya Sai District. (Erstwhile Anantapur District) 4. The Tahsildar, Nallamada Mandal, Sri Satya Sai District. (Erstwhile Anantapur District) 5. Patan Mahaboob Peeran Khan, S/o Mohammad Khan Aged about 73 years, R/o. D.No. 2/176, Near Police Station, Nallamada Village and Mandal, Sri Satyasai District. 6. Patan Rasheed Khan, S/o Mohammad Khan, Aged about 62 years, R/o. D.No.2/30, High School Road, Nallamada Village and Mandal, Sri Satyasai District. < 7. Patan Saraasm Bee, W/o Hasan Khan Aged about 50 years, Occ. House wife R/o. D.No. 2/110, Main Road, Nallamada Village and Mandal, Sri Satyasai District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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, declaring the action of the Respondents no. 3 and 4 in trying to mutate the names of Respondents no. 5 to 7 in revenue records pending ROR Appeal in Rc. No. 13/2024 against the order of Tahsildar under ROR proceedings in Rc. No. 13/2022 as wholly illegal unjust, unconstitutional and violation of Article 300-A of Constitution of India, without jurisdiction, violation of natural principles, contrary to the provision of A.P. Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the respondents 3 and 4 not to mutate the names of Respondents 5 to 7 pending ROR appeal. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents no. 3 and 4 not to mutate the names of Respondents no. 5 to 7pending disposal of this writ petition. Counsel for the Petitioner: M/S. AYESHA AZMA S Counsel for the Respondent No.1: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 7: — The Court made the following: ORDER APHC010115232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6036/2025 Between; Patan Chandini and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.AYESHA AZMAS Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following: 2 BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6036/2025 HON 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 action of the respondent Nos. 3 and 4 in trying to mutate respondent Nos.5 to 7 in revenue records pending ROR Appeal in records pending ROR "■ Rc.No. 13/2024 against the order of Jahfdar under ROR proceedings in Rc.No. 13/2022 uniust unconstitutional and violation of Article 300-A o Constitution of India, without jurisdiction, violation of natural principles, contrary to the provision of A. P. Rights m Land and Pattadar Pass Books Act, 1971 and consequently direc the respondent Nos. 3 and 4 not to mutate the names of respondent Nos.5 to 7 pending ROR appeal and pass such other order. the learned counsel for the petitioners and 2. Heard the learned Government Pleader for the respondents, counsel for the petitioners submits that Rc.No. 13/2024 before the 3 the 3. Learned petitioners preferred an ROR appeal in Pending the said appeal, respondent Nos.3 and 4 are rd respondent, trying to mutate the names of respondent Nos.5 to 7 in the revenue records. Hence, the present Writ Petition. learned Government Pleader for the of the unofficial 4. On the other hand submits that the applications respondents respondents for mutation were rejected on the ground that an appeal before the 3^^^ respondent and O.S.No.711 of 2024 on the file of Principal Junior Civil Judge, Kadiri are pending. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition be disposed of directing the respondents to dispose of the appeal i;. Rc.No. 13/2024, after hearing both the parties pursuant to the notice dated 21.11.2024, within a period of three(3) months from the date of receipt of copy of this Order. Till then, status-quo obtaining today in respect of the possession and revenue entries shall be maintained by all the parties concerned. can in as on 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd./- N NAGAMWIA assistant registrar //TRUE COPY// N OFFICER S To, 1. The Principal Secretary to Government, Revenue Registration and Stamps Department Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Puttaparthi, Sri Satya Sai District. (Erstwhile Anantapur District) 3. The Revenue Divisional Officer, Puttaparthi Divison, Puttaparthi, Sri Satya Sai District. (Erstwhile Anantapur District) 4. The Tahsildar, Nallamada Mandal, Sri Satya Sai District. (Erstwhile Anantapur District) 5. One CC to M/s. Ayesha Azma S, Advocate [OPUC] 6. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:12/03/2025 ORDER WP.No.6036 of 2025 'i 03 APR 2125 I . CuttOTt Section DISPOSING OF THE W.P., WITHOUT COSTS