APHC010283462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14277/2025 Between: Kristappa Gari Thippamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:14277/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 4th respondent in issuing the impugned notice vide Rc.No.B/148/2025, dt.—.03.2025 of the petitioners land in so far as being an extent of Ac.4.75 cents in Sy.No.272-4 situated at Kalyana Durgam Village fields, Kalyana Durgam Mandal, Ananthapuram District is as illegal, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India without jurisdiction and contrary to the provisions of A.P. Rights in Lands, for Issuance of Pattadar Pass books and Title Deeds Act, 1971 and consequently set aside the above said impugned notice and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioners in nutshell is that the respondent No.4 herein issued an impugned notice dated --.03.2025 to the mother-in-law of petitioner No.1 pursuant to the representation/ application submitted by the Pitta Govinda Raju, S/o.P.Narayana/ respondent No.5 and others seeking mutation of their names in respect of the land in Sy.No.272-4 situated at Kalyana Durgam Village fields, Kalyana Durgam Mandal, Ananthapuram District. 4. Learned counsel for the petitioners submits that the subject notice was issued for mutation of the land in Sy.No.272-4 against one of the property holder i.e., Pitta Erramma, who is no more. As such, the said notice issued against the deceased person cannot be enforced, without impleading the legal heirs of the deceased person who hold rights over the subject property. He further submits that Pitta Erramma died on 06.01.2020. Therefore, the impugned notice issued against a dead person seeking presence of late Pitta Erramma, is liable to be set aside. 5. On the other hand, learned Government Pleader for the respondents submits that since the impugned notice is issued seeking the presence of one Smt. Pitta Erramma who is no more (died), the purpose sought under notice should be recalled. Therefore, notice should be recalled and to be issued afresh to the legal heirs of Pitta Erramma. 6. Having considered the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record, it appears that the impugned notice for personal hearing/ appearance was issued against Pitta Erramma and others seeking for their presence/ objections if any for mutation of the subject land pursuant to the application submitted by Sri Pitta Govinda Raju, cannot be adjudicated since one of the property holder is dead. Moreover, as per the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, the notice shall be served upon the real owners, who are claiming the rights with regard to subject property while considering the application submitted by the respondents seeking for mutation. 7. In view of the same, the impugned notice dated --.03.2025 issued by respondent No.4 against a dead person is liable to be rejected, accordingly, it is hereby set aside. However, the respondents are at liberty to proceed further by issuing notices upon proper persons including legal heirs of Smt.P.Erramma at the earliest. 8. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 17.06.2025 BSP 11 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.14277 of 2025 17.06.2025 BSP