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2025 DAILYLAW 17600 (AP)

DHARMANA NAGAMANI v. State of Andhra Pradesh

WP/15013/2022 · 2025-02-20

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f; IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15013 OF 202? Between: Dharmana Nagamani. W/o Yerram naidu. aged. 50 years, Occ. House hold duties, R/o Bandi Street, Door No. 7-178. Srikakulam District. Narasannapeta Town, and Mandal, ...PETITIONER AND 1. state of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Veiagapudi, Amaravati 2. District Collector, Srikakulam, Srikakulam District. 3. Tahsildar, Narasannapeta, Mandal, Srikakulam Guntur District. District. ...RESPONDENTS Petition under Article 226 of the Constitution Of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the nature of WRIT OF MANDAMUS declare the highhanded action of the 3rd respondent removing the petitioner name in the web land Revenue/Online admeasuring an extent revenue records in respect of the petitioner land ofAc.oO.36 cents in Survey No. 99/7 of Gottipalli Narasannapeta town and Mandal of Srikakulam revenue village of district, as illegal, arbitrary. unjust and contrary to the principal of natural 300-A of Constitution of India, and without justice under article 14,21,and jurisdiction and consequently direct the 3rd respondent, enter the petitioner name in web land entry /On line revenue entry in respect of petitioner land. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3rd respondent to enter the petitioner name forth with in web land entry/Online entry/Online Revenue entry in respect of petitioner land in Sy.No 99/7 an extent of Ac. 0.36 cents in Gottipalli revenue Village of Narasannapeta Grama Panchyat and Mandal in Srikakulam District, pending disposal of the main writ petition. lA NO: 2 OF 2022 Between: 1. State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Srikakulam, Srikakulam District. 3. Tahsildar, Narasannapeta, Mandal, Srikakulam District. Petitioners/Respondents AND Dharmana Nagamani, W/o Yerram naidu, aged. 50 years, Occ. House hold duties, R/o Bandi Street, Door No. 7-178. Narasannapeta Town, and Mandal, Srikakulam District. Respondent/Petitioner (Respondent Nos.2 and 3 are not necessary party in this petition) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may f be pleased to vacate the status quo order dated 20.06.2022 in W.P.No.15013 of 2022 and also dismiss the writ petition. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant leave for filing reply affidavit in WP No. 15013 of 2022. Counsel for the PetItionerSRI UMASANKAR LOKANADHAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 APHC010240702022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) [3332] um THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15013/2022 Between: ...PETITIONER Dharmana Nagamani AND ...RESPONDENT(S) State of Andhra Pradesh and others Counsel for the Petitioner: 1.UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following order: The grievance of the petitioner, in short, is that without issuing any notice and without following the procedure prescribed under law, respondent No.3 has removed his name in the online revenue records in respect of his land admeasuring an extent of Ac.0.36 cents in survey No.99/7 of Gottipalli revenue village of Narasannapeta town and Mandal of Srikakulam District. i 2 2. Heard Sri S.Srinivasa Rao learned Sri Umasankar Lokanadham, learned counsel for the Satyanarayana, learned Assistant Government Pleader for the counsel representing petitioner, Sri Venkata respondents. 3. Learned counsel for the petitioner in elaboration to what has been stated in the writ affidavit contended that the petitioner got the subject by way of gift deed from her husband. Subsequently her the revenue records. He further submitted that without issuing notice and without following the procedure contemplated under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act 1989, the revenue authorities removed the property name was mutated in provisions of the 1971 and Rules, name of the petitioner from the webland adangal. As such, the present Writ Petition is filed and this Court vide order dated 20.06.2022 directed the respondents to maintain status quo with regard to the revenue records pertaining to the subject property. As such, prayed to pass orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government reiterating the contents of the counter affidavit of respondent No.3 that the then Tahsildar issued ROR notices dated 09.11.2018 Pleader while contended to both the parties and directed to submit the supporting documents and evidences mutate the entries in revenue records, but both the parties failed to submit the documents in support of their claim to as such, the Tahsildar kept the survey No.99/7 of Gottipalli Revenue village in Dispute Register to avoid further complications. He further submitted that there is a clear title dispute over the subject land which is civil in nature. If at all the petitioner has any grievance. 3 she has to institute a suit, but she cannot sue the Tahsildar/Government in / terms of section 8 of the Act, 1971. The Writ Petition is devoid of merits and liable to be dismissed and accordingly prayed to dismiss the Writ Petition. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. The case of the petitioner is that the revenue authorities, \A/ithout issuing notice and without following the procedure prescribed under law, have deleted the name of the petitioner from the revenue records. Perusal of the adangal dated 24.10.2014 would show that the petitioner’s name has been shown in column No.13 as possessor and in adangal dated 26.06.2015, the name of one Dharmana Chittenna was found place as pattadar. It is the contention of t learned counsel for the petitioner that the said Dharmana Chittenna is none r other than the father-in-law of the petitioner and the subject property was devolved upon the husband by way of succession and in turn the said property was devolved upon the petitioner by way of gift deed from her husband. There is no material on record to show that the authorities have issued notice to the petitioner or giving an opportunity of hearing before deleting her name from the revenue records. In the absence of the same, this Court can easily presume that the authority has not followed the procedure established under law. The petitioner has made out a case warranting interference of this Court. Hence, this Court is inclined to pass the following order: The respondent authorities are directed to restore the petitioner’s name in revenue records with regard to subject property i.e., land admeasuring to an extent of Ac.0.36 cents in survey No.99/7 of Gottipalli revenue village of Narasannapeta town and Mandal. However, this order does not preclude the respondent authorities from proceeding in accordance with law. Accordingly, the Writ Petition is disposed of. There shall be no order as 7. to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. Sd/- P.U.V.BHASKAR RAO assistant registrar //TRUE COPY// SECTION OFFICER To, The Principal Secretary, State of Andhra Pradesh. Revenue Department, Velagapudi, Amaravati, Guntur District. Srikakulam, Srikakulam District. 1. Secretariat, 2 District Collector 3. Tahsildar, Narasannapeta, Mandal, Srikakulam District, 4 oneccto SRI. UMASANKAR LOKANADHAM, Advocate [OPUG 5 TWO CCS to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 6. Three C.D.Copies nm HIGH COURT DATED:20/02/2025 ORDER WP.No.15013of 2022 ^<=ano7^ s 2smm m; ^9 . Current j>ection DISPOSING OF THE WP WITHOUT COSTS