Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 11441 (AP)

ShaikShahazadi Bee v. The State of Andhra Pradesh,

WP/6948/2025 · 2025-03-20

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^5 ?) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ (Special Original Jurisdiction) % THURSDAY, THE TWENTIETH DAY OF MARCH iQ ■ TWO THOUSAND AND TWENTY FIVE ^ tof* PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6948 OF 2n?fi Between: Shaik Shahazadi Bee. W/o S.Abdul Salam, Aged about 58 House Wife, R/o. Door No.32/57, Medari Street District years, Occ- Kurnool, Kurnool ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings Velagapudi, Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Revenue Divisional Officer, Kurnool Revenue Division Kurnool District 4. The Tahsildar, Kallur Mandal. Kallur, Kurnool District. Kurnool, ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly of Writ of Mandamus declaring the proceedings in RCB.340/2022, dated 30-05-2022 issued by the respondent No.4 through which mutate the land in an extent of Ac.0.96 Cents in Sy.No.10 and Ac.0.04 praying that in may one in nature my request to Cents in Sy.No.15 of K.Markapuram Village fields, Kallur Mandal, Kurnool District and also for issuance of Pattadar Pass Book and Title Deed was rejected on the ground that there are certain differences with regard to property between the family members, without considering the Lokadalath Award in LAC.No.990/2015 in O.S.No.07/2009 on the file of the IV Additional District Judge, Kurnool, dated 12-09-2015 as arbitrary, illegal, abdication of statutory duty caste on him apart from being voilative of fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to mutate my name in the revenue records and also to issue Pattadar Pass Book and Title Deeds in my favor for the land in an extent of Ac.0.96 Cents in Sy.No.10 and Ac.0.04 Cents in Sy.No.15 of K.Markapuram Village fields, Kallur Mandal, Kurnool District by setting aside the proceedings in RCB.340/2022, dated 30- 05-2022 issued by the respondent No.4/ lA NO: 1 OF 2025 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 respondent No.4 to mutate my name in the revenue records and also to issue Pattadar Pass Book and Title Deeds in my favor for the land in an extent of Ac.0.96 Cents in Sy.No. 10 and Ac.0.04 Cents in Sy.No.15 of K.Markapuram Village fields, Kallur Mandal, Kurnool District by setting aside the proceedings in RCB.340/2022, dated 30-05-2022 issued by the respondent No.4, pending disposal of the above Writ Petition. ^ Counsel for the Petitioner: SRI. P V N KIRAN KUMAR ^ Counsel for the Respondents: GP FOR REVENUE ^ The Court made the following order: 1 APHC010132552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6948/2025 Between: ...PETITIONER Shaikshahazadi Bee AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P VN KIRAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6948/2025 This Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “to issue a writ order or direction more particularly one in nature of Writ of Mandamus declaring the proceedings in RCB.340/2022, dated 30.05.2022 issued by the respondent No.4 through which petitioner’s request to mutate the land in an extent of Ac 0.96 Cents in Sy No. 10 and Ac 0.04 Cents in Sy No. 15 of K Markapuram Village fields, Kallur Mandal, Kurnool District and also for issuance of Pattadar Pass Book and Title Deed was rejected on the ground that there are certain differences with regard to property between the family members, without considering the Lok Adalath Award in LAC No.990/2015 in O S No.07/2009 on the file of the IV Additional District Judge, Kurnool dated 12.09.2015 as arbitrary, illegal, abdication of statutory duty cast on him apart from being voilative of fundamental rights guaranteed to the petitioner under Articles 14 19 and 21 of the Constitution of India and consequently direct the respondent No 4 to mutate petitioner’s name in the revenue records and also to issue Pattadar Pass Book and Title Deeds in favor of the Petitioner for the land in an extent of Ac 0.96 Cents in Sy No. 10 and Ac 0.04 Cents in Sy No. 15 of K.Markapuram Village fields, Kallur Mandal, Kurnool District by setting aside the proceedings in RCB.340/2022, dated 30.05.2022 issued by the respondent No 4 and pass. Heard learned counsel for the Petitioner and learned Government 2. Pleader for Revenue and perused the material placed on record. Learned counsel for the Petitioner submits that the petitioner and her family members are absolute owners and possessors of the land to an extent of Ac.0.96 cents in Sy.No.10 and Ac.0.04 cents in Sy.No.15 of K. 3. ;3 Markapuram Village Fields, Kallur Mandal, Kurnool District. While so, to settle the dispute between the family members, petitioner filed O.S.No.07/2009 on the file of IV Additional District Judge, Kurnool. th Pending the suit the petitioner also made an application before the 4 respondent for mutation and also for issuance of pattadar pass book and title deed for the subject land. The said application has been rejected by the 4**^ Respondent vide endorsement dated 30.05.2022 holding that there are civil disputes between the petitioner and her family members. He further submits that the said endorsement is contrary to the judgment and decree passed by the Lok Adalath on 12.09.2015, whereunder the disputes between the petitioner and her family members were settled in respect of the subject property. Therefore, the endorsement issued by the 4'^ respondent dated 30.05.2022 is contrary to the facts and circumstances as mentioned above. Hence the Writ Petition. On the other hand, learned Government Pleader for Revenue submits that the endorsement issued by the 4'*' respondent is, of the year 2022 and let there be a fresh application for mutation in Form-6A by attaching the said Lok Adalat Award dated 12.09.2015 arrived between the petitioner and her family members and same would be considered and pass appropriate orders. 4. ;4; 5. Having submissions made by both the learned counsel and after perusal of the material on record, more particularly the endorsement dated 30.05.2022 and Lok Adalath Award in LAC.No.990/2015 dated 12.09.2015, and in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh'”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the petitioner herein to submit a representation along with Form 6-A application afresh within a period of two (2) weeks from the date of receipt of a copy of this order and upon such submission, the Respondent No.4 is directed without reference to the earlier endorsement dated 30.05.2022 by considering the Lok Adalat Award dated 12.09.2015 pass appropriate orders in accordance with law within three (3) months thereafter. 6. Accordingly, the Writ Petition is disposed of. No costs. The miscellaneous petitions pending, if any, shall stand closed. 2019(8) SCALE 544 Sd/- V.SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Guntur District. % 2. The District Collector, Kurnool District, Kurnool. Divisional Officer, Kurnool Revenue Division, Kurnool, 3. The Revenue Kurnool District 4. The Tahsildar, KallurMandal, Kallur, Kurnool District. 5. One CC to Sri. P V N Kiran Kumar Advocate [OPUC] GP for Revenue, High Court Of Andhra Pradesh. [OUT] 6. Two CCs to 7. Three CD Copies GSC HIGH COURT DATED:20/03/2025 ORDER WP.No.6948 Of 2025 r. X 2 8 MAR 2025 rri! DISPOSING OF THE WP WITHOUT COSTS