Cherukuri Srivani @ Vani, v. The State of Andhra Pradesh,
WP/18816/2025 · 2025-07-23
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25041 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25041 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010353142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18816 OF 2025 Between: Cherukuri Srivani @ Vani, W/o C.Sreekanth, Aged about 48 Years, House Wife, Residing at Plot No. 305, S V Pride, Vidyanagar, 1/8, Guntur,Guntur District-522001. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue, Velagapudi, Amaravathi, Andhra Pradesh - 522237.
2. The District Collector, O/o the District Collectorate, Tirupati, Tirupathi District, Andhra Pradesh -517501.
3. Joint Collector, District Collectorate, Tirupati, Tirupathi District, Andhra Pradesh -517501.
4. The Revenue Divisional Officer, Tirupati Division, Tirupati, Tirupati District - 517501.
5. The Tahsildar, Tirupati Rural 517501
6. Koniki Sairam @ Sairam Chowdhary, S/o Siddama Naidu, Employee 2- 11, Pudipatia Village and Post, Tirupati Rural, Tirupati Rural Mandal, Tirupati District- 517505
7. Koniki Siddama Naidu, S/o KonikiYerram Naidu, Retired Employee, Aged about 86 Years, 2-11, Pudipatia Village and Post, Tirupati Rural, Timpati Rural Mandal, Tirupati District- 517505. Tirupati District, Andhra Pradesh - ...Respondents
I n. 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 order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 5th respondent in not issuing notice to the family members at the time of mutation of the properties standing in the name of petitioners mother by the way of taking into
consideration the impugned Will dated 26.09.2014 in favour the 6th respondent without following due process of law in accordance with the ROR Act 1971 is as illegal, arbitrary, unconstitutional and violation of articles 14 and 300A of the Constitution of India and violation of principles of Natural Justice and subsequently direct the respondent No.5 to follow the due process of law and consider the representation dated 07.05.2025 of the petitioner related to the properties executed in favour of the petitioner in accordance with the compromise happened before the bench of National Lokadalat, Tirupati in OS 92/2023 on the file of the Hon’ble 5th Additional District Judge, Tirupati in Lokadalat No. 289 of 2024 dated 29.06.2025. 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 may be pleased to direct the respondent No.5 to follow the due process of law and consider the representation dated 07.05.2025 of the petitioner related to the properties executed in favour of the petitioner in accordance with the compromise happened before the bench of National Lokadalat, Tirupati in OS 92/2023 on the file of the Hon’ble 5*'' Additional District Judge, Tirupati in Lokadalat No. 289 of 2024 dated
29.06.2025. Counsel for the Petitioner; SRI D KISHORE KUMAR Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondents No.5 to 7: None appeared The Court made the following Order; I
f APHC010353142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3331] B:*S m THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18816/2025 Between;
CHERUKURl SRIVANI @ VAN!,, W/0 C.SREEKANTH, AGED ABOUT HOUSE WIFE, RESIDING AT PLOT NO. 305, S V PRIDE, VIDYANAGAR, 1/8, GUNTUR,GUNTUR DISTRICT-522001. 1. 48 YEARS ...PETITIONER AND ANDHRA PRADESH, REP. BY ITS PRINCIPAL 1.THE STATE OF SECRETARY TO REVENUE, VELAGAPUDI, AMARAVATHl, ANDHRA PRADESH - 522237. 2.THE DISTRICT COLLECTOR, 0/0 THE DISTRICT COLLECTORATE, TIRUPATI, TIRUPATHI DISTRICT, ANDHRA PRADESH -517501 TIRUPATI, COLLECTOR, DISTRICT COLLECTORATE TIRUPATHI DISTRICT, ANDHRA PRADESH -517501. 3.JOINT REVENUE DIVISIONAL OFFICER, TIRUPATI DIVISION, 4.THE TIRUPATI, TIRUPATI DISTRICT - 517501.
TAHSILDAR, TIRUPATI RURAL, TIRUPATI DISTRICT,ANDHRA PRADESH - 517501 SAIRAMSAIRAM CHOWDHARY, S/0 SIDDAMA NAIDU, EMPLOYEE 2-11, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT- 517505 5.THE 6.KONIKI TIRUPATI PUDIPATLA VILLAGE AND POST RURAL
SRS.J W.P.No.18816 of 2025 RETIRED 7.KON1KI SIDDAMA NAIDU, S/0 KONIKIYERRAM NAIDU, EMPLOYEE, AGED ABOUT 86 YEARS, 2-11, PUDIPATLA VILLAGE AND POST, TIRUPATl DISTRICT- 517505. TIRUPATI RURAL, TIMPATI RURAL MANDAL, ...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 order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 5th respondent in not issuing family members at the time of mutation of the properties petitioners mother by the way of taking into dated 26.09.2014 in favour the 6th of law in accordance with the ROR notice to the standing in the name of
consideration the impugned Will respondent without following due process Act 1971 is as illegal, arbitrary, unconstitutional and violation of articles 14 300A of the Constitution of India and violation of principles of Natural and subsequently direct the respondent No.5 to follow the due and consider the representation dated 07.05.2025 of the related to the properties executed in favour of the petitioner in and Justice process of law petitioner i . accordance with the compromise happened before the beneh of National Lokadalat, Tirupati in OS 92/2023 on the file of the Hon,ble 5th Additional District Judge, Tirupati in Lokadalat No. 289 of 2024 dated 29.06.2025 and pass 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 may be pleased to direct the respondent No.5 to follow the due process of law and consider the representation dated 07.05.2025 of the petitioner related to the properties executed in favour of the petitioner in accordance with the happened before the bench of National Lokadalat, Tirupati in OS the file of the Hon,ble 5‘" Additional District Judge, Tirupati in compromise 92/2023 on Lokadalat No. 289 of 2024 dated 29.06.2025 and pass Counsel for the Petitioner:
1.D KISHORE KUMAR
SRS.J W.P.No.18816 of 2025 Counsel for the Respondent{S);
1.GP FOR REVENUE The Court made the following:
;; ORDER :: Kishore Kumar, learned counsel for the petitioner, and Fleard Sri D. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 5. Notice of respondents 6 & 7 is dispensed no adverse orders are passed against the rights and interests of with since respondents 6 & 7. 2
Learned counsel for the petitioner would submit that respondent No.5, notice to the family members of the petitioner, updated the without issuing any Record of Rights and mutated the name of respondent No.6 in respect of Pudipatia Village, Tirupati Rural Mandal. The petitioner different extents in to know about the same, in 2025 and made a representation dated has not been considered. came 07.05.2025 to respondent No.5. Flowever, the same Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, by the averments, the mutation in favour of
3. would submit that even going respondent No.6 was affected in 2014. The petitioner has the alternative remedy under either under Sec 5 or Section 9 of the Andhra Pradesh Rights in Pass Books Act, 1971 (hereinafter referred to as ‘the Act’). Land and Pattadar The petitioner petition. without availing the alternative remedy, filed the above writ counsel for the petitioner would submit that the In reply, learned petitioner will avail of the statutory remedy under the Act.
4.
SRS.J W.P.No.18816 of 2025
5. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, giving liberty to the petitioner to avail of the statutory remedy under the Act. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Revenue, Velagapudi, Amaravathi Pradesh - 522237.
2. The District Collector, O/o the District Collectorate, District, Andhra Pradesh -517501.
3. The Joint Collector, District Collectorate, Andhra Pradesh -517501.
4. The Revenue Divisional Officer, Tirupati Division, District-517501.
5. The Tahsildar, Tirupati Rural, 517501
6. One CC to Sri. D Kishore Kumar, Advocate [OPUC]
7. Two CCs to GP for REVENUE, High Court of Andhra Pradesh [OUT]
8. Two CD Copies Andhra Tirupati, Tirupathi Tirupati, Tirupathi District Tirupati, Tirupati Tirupati District, Andhra Pradesh - vna
HIGH COURT DATED;24/07/2025
ORDER WP NO. 18816 OF 2025 g( 0 I SEP 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS