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2025 DAILYLAW 1666 (AP)

C ARUNAMMA v. THE STATE OF AP

WP/4670/2025 · 2026-04-07

B Krishna Mohan

body2025

Judgment text

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APHC010089472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4670/2025 Between: 1. C ARUNAMMA, W /O.C.YERRISWAMY, AGED ABOUT 52 YEARS, R/O.GANGAVARAM VILLAGE, BELUGUPPA MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KALYANADURGAM, ANANTHAPURAM DISTRICT. 4. THE TAHSILDAR, BELUGUPPA, ANANTHAPURAM DISTRICT, 5. SRIKANTH, S/O.PEDDA BUGGANNA, GANGAVARAM VILLAGE, BELUGUPPA MANDAL, ANANTHAPURAM DISTRICT, 6. C RAMESH, , S/O.PEDDA BUGGANNA, GANGAVARAM VILLAGE, BELUGUPPA MANDAL, ANANTHAPURAM DISTRICT. ...RESPONDENT(S): 2 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 topleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents no. 2 to 4 for not mutating the petitioners name in the revenue records and not conducting the fresh enquiry vide sy.no.307-2 an extent of Ac.3-22 cents situated at Gangavaram village, Beluguppa Mandal, Anantapuram District, as illegal, arbitrary, besides violation of principles of Natural Justice, consequently direct the Respondents mutate the name of the petitioner in revenue records for the land in sy.no.307-2 an extent of Ac.3-22 cents situated at Gangavaram village, Beluguppa Mandal, Anantapuram District, forthwith and to pass IA 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 pleased to direct the respondents conduct the fresh enquiry/mutation of petitioner’s name for the land sy.no.307-2 an extent of Ac.3-22 cents situated at Gangavaram village, Beluguppa Mandal, Anantapuram District by directing the respondents not to create any third party rights in the petitioner’s land in sy.no.307-2 an extent of Ac.3-22 cents situated at Gangavaram village, Beluguppa Mandal, Anantapuram District and pass Counsel for the Petitioner: 1. MUDAVATH NAGENDRA NAIK Counsel for the Respondent(S): 1. GP FOR REVENUE 2. ALLU HARI NARAYANA 3 The Court made the following ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel appearing for the respondent Nos.5 & 6. 2. This writ petition is filed questioning the action of the respondent Nos.2 to 4 in not mutating the petitioner’s name in the revenue records and not conducting fresh enquiry vide Sy.No.307-2 to an extent of Ac.3-22 cents situated at Gangavaram Village, Beluguppa Mandal, Anantapuram District. 3. The learned counsel for the petitioner submits that the order of the 3rd respondent dated 20.09.2017 has not been implemented so far and no denovo enquiry is conducted by the Tahsildar. 4. On the other hand the learned counsel appearing for the respondent Nos.5 & 6 submits that the 5th respondent is not a party to the said proceedings of the 3rd respondent dated 20.09.2017. The 6th respondent herein is shown as the 3rd respondent before the said authority. The petitioner herein is the petitioner before the said authority in the above said proceedings. The 4th respondent has recommended for cancellation of pattadar pass books and title deeds issued in favour of C.Venkateswarlu and others for the subject land in an extent of Ac.307- 2 of Gangavaram Village, Beluguppa Mandal, Anantapur District. 4 5. The learned Assistant Government Pleader replying upon the written instructions of the 3rd respondent dated 16.03.2026 submits that the 3rd respondent ordered for cancellation of entries in 1-B and pattadar pass books and title deeds held in the names of the following persons. Sl. No. Name of the pattadar Sy.No. Extent IB No. 1. Smt. Chimbili Mahadevamma W/o Late Pedda Bugganna 307-2 0.78 641 2. Sri C.Venkatesulu S/o Late Pedda Bugganna 307-2 0.60 917 3. Sri C.Ramesh S/o Late Pedda Bugganna 307-2 1.84 911 No revision petition was filed before the 2nd respondent against the said order of the 3rd respondent dated 20.09.2017. 6. In view of the above said facts and circumstances and recording the instructions of the 3rd respondent dated 16.03.2016 it is to be seen that the petitioner claimed right over the subject land basing on the registered gift deed executed in her favour by her father-in-law. Whereas the respondents are issued pattadar pass books/title deeds long back and they are in continuous possession and enjoyment of the land in question. Basing upon the recommendation made by the 4th respondent, the 3rd respondent vide order dated 20.09.2017 cancelled the pattadar pass books/title deeds issued in favour of the respondents therein / the 6th respondent herein. Further he directed to conduct denovo enquiry to decide the rights of the land in question by the 4th respondent. 5 7. Both the counsels submit that so far no denovo enquiry is commenced since the order of the 3rd respondent dated 20.09.2017 is not at all challenged by either of the parties concerned. Hence the 4th respondent is directed to conduct denovo enquiry with regard to the mutation of names of the parties concerned in the revenue records for the subject land covered under the order of the 3rd respondent dated 20.09.2017, strictly in accordance with law by hearing all the parties concerned including the petitioner, the 5th & 6th respondents and others concerned, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of this order. Pending the above said denovo enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject land in the matter of mutation of names of the parties concerned. Uninfluenced by the earlier recommendations of the Tahsildar, Beluguppa and the order of the RDO, Kalyanadurgam / the 3rd respondent herein dated 20.09.2017, fresh orders shall be passed by the 4th respondent strictly in accordance with law, pursuant to the denovo enquiry. 8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 08.04.2026 PND