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2025 DAILYLAW 1847 (AP)

N MUNASWAMY v. The State of Andhra Pradesh

WP/21881/2025 · 2026-05-07

Kiranmayee Mandava

body2025

Judgment text

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APHC010430392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21881/2025 Between: 1. N MUNASWAMY, S/O. LATE SUBBANNA, AGED ABOUT 55 YEARS, R/O. D.NO.2-116, GOWNITHIMMEPALLE VILLAGE, BAIREDDIPALLE MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR 3. THE REVENUE DIVISIONAL OFFICER, PALAMANER REVENUE DIVISION, CHITTOOR DISTRICT 4. THE TAHSILDAR, , BAIREDDIPALLE MANDAL, CHITTOOR DISTRICT ...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 to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 4th Respondent in deleting the name of the Petitioner from the revenue records with respect to Survey NO.210/A5 admeasuring an extent of Ac. 1-00 cents in Gownithimmepalle Village, Baireddipalle Mandal, Chittoor District as arbitrary, illegal, irregular, and contrary to the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 and the Rules, 1989 thereof, and also violative 2 of Articles 14 and 300-A of the Constitution of India and consequently, direct the Respondents to restore and incorporate the name of the Petitioner in the revenue records including the 1B and Adangal with respect to the said land, and pass such 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 to direct the Respondents not to dispossess the Petitioner with respect to Survey No.210/A5 admeasuring an extent of Ac.1-00 cents in Gownithimmepalle Village, Baireddipalle Mandal, Chittoor District and pass such Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following Order: Heard Smt. Sodum Anvesha, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The grievance of the petitioner is against the action of the respondents in deleing the name of the petitioner from the revenue records in respect of the subject land of an extent of Ac.1.00 cents in Sy.No.210/A5 of Gownithimmepalle Village, Baireddipalle Mandal, Chittoor District. 3. The learned counsel for the petitioner contends that the petitioner has succeeded to the extent of Ac.1.00 cents in Sy.No.210/A through the partition. The same was reflected in the previous 1-B Adangal (ROR), dated 03.12.2014. However, from the revenue records, the said extent was deleted 3 without any notice to the petitioner and without any proceedings. Seeking entry of his details in the revenue records, the petitioner filed representations before the respondent No.4. The respondent No.4, vide proceedings dated 05.12.2019, rejected the application of the petitioner, stating that, out of the total extent of Ac.5.43 cents of land, pursuant to partition, the petitioner was previously granted a share of an extent of Ac.1.00 cents. In respect of the remaining extent of Ac.4.40 cents, Pattadar passbooks were granted in favour of one Nagaram Goud. If the petitioner is aggrieved by the said order, the Tahsildar informed the petitioner that further appeal lies to the RDO/Sub- Collector, or before Civil Court. 4. The learned counsel for the petitioner contends that the petitioner was having two different extents of land one is in Sy.No.210/A5, Ac.1.00 cents that he has acquired through Will and the other extent of Ac.1.00 cents acquired through partition in Sy.No.210 totaling to Ac.2.10 cents. The petitioner contends that he was bequeathed an extent of Ac.1.00 cents in Sy.No.210. The learned counsel further argues that even the admitted extent of Ac.1.00 cents was deleted from the revenue records. Having regard to the same, the learned counsel for the petitioner prays for a direction to the Tahsildar to restore and reincorporate the name of the petitioner in the revenue records in respect of the subject land of in Sy.No.210/A5, Ac.1.00. 5. The petitioner contends that one N.Bayappa, the petitioners’ father's paternal uncle during his lifetime, executed a registered will dated 08.05.1974, bequeathing the land that he had held in Sy.No.210/A admeasuring an extent 4 of Ac.1.00 cents in favour of the petitioner, being his grandson (brother’s grandson). In this regard, the petitioner has been in possession and enjoyment of the said land, and pattadar books have also been issued. The respondent-Tahsildar was under the mistaken impression that the said extent, which the petitioner had obtained through the will, pertained to the petitioner's share in the partition of the joint family properties. 6. When the matter has been taken up for consideration today, the learned Assistant Government Pleader for Revenue has placed before the Court a copy of the instructions received from the Tahsildar, dated 18.08.2025, in the case. A perusal of the same would reflect that the Tahsildar stated that the petitioner is in possession and enjoyment of the subject land of an extent of Ac.1.00 cents in Sy.No.210/A5. With respect to the claim of the petitioner in respect of land acquired through Will, it is stated that the petitioner had never placed the same before the authorities for the necessary corrections in the revenue records. It is further stated that Sy.No.210/A5 is already recorded in the name of the writ petitioner. 7. Having regard to the above, this Court deems it appropriate to dispose of the Writ Petition directing the Tahsildar to pass appropriate orders to show the name of the petitioner in the revenue records in respect of the land that he had acquired through will in Sy.No.210/A5 of an extent of Ac.1.00 cents. The petitioner is also granted liberty to file a fresh application with regard to the extent of land he has succeeded through the will deed, dated 08.05.1974. 5 Upon filing of such an application the respondent No.4 - Tahsildar shall pass appropriate orders within a period of two (02) months thereafter. 8. The written remarks of the Tahsildar, dated 18.08.2025 in the case, are placed on record. 9. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 08-05-2026 MSI 6 173 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21881/2025 Dated: 08-05-2026 MSI