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2025 DAILYLAW 25988 (AP)

POOJARI GARI THIMMANNA v. THE STATE OF ANDHRA PRADESH

WP/19001/2025 · 2025-07-23

Subba Reddy Satti

body2025

Judgment text

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APHC010368372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19001/2025 Between: 1. POOJARI GARI THIMMANNA, S/O. LATE YETHAPPA, AGED ABOUT 62 YEARS, R/O. D. NO. 5-52, GUNEHALLI VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. 2. P. GOVINDAPPA,, S/O. LATE DASAPPA, AGED ABOUT 70 YEARS, R/O. D. NO. 511, GUNEHALLI VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. 3. ERANNA,, W/O. LATE MUDDAPPA, AGED ABOUT 68 YEARS, R/O. D. NO. 5-52, GUNEHALLI VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATYA SAI DISTRICT. 4. THE MANDAL TAHASILDAR, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. 5. P K CHANDRAPPA, S/O, KARIAPPA, AGED ABOUT 55 YEARS, RESPONDENT NO. 5 TO 8 ARE R/O. GUNEHALLI VILLAGE, 2 AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. 6. MUDIAPPA, S/O. KUNTERAPPA, AGED ABOUT 53 YEARS,RESPONDENT NO. 5 TO 8 ARE R/O. GUNEHALLI VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. 7. SRIDEVI, W/O. MURTHY, AGED ABOUT 45 YEARS.RESPONDENT NO. 5 TO 8 ARE R/O. GUNEHALLI VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. 8. THIPPANNAGARISUNDARAMMA, W/O. LATE KARIAPPA, AGED ABOUT 50 YEARS. RESPONDENT NO. 5 TO 8 ARE R/O. GUNEHALLI VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI 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 or any other order or direction particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in not considering the representation dt.04.05.2025 and 02.07.2025 made by the petitioners for rectification/deletion of the names of the respondent no. 5 to 8 in the revenue records in respect of the land being an extent of Ac. 11.79 cents in Sy. No. 445-1 and Ac. 3.87 in Sy. No. 445-3 situated at Sivaram Revenue Village, Amarapuram Mandal, Sri Satya Sai district as illegal, arbitrary,violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the provisions of the A.P. Rights in Land for issuance of Pattadar passbook and Title deeds Act, 1971 and rules made there under and consequently direct the 4th respondent to delete/rectify the names of the respondents no. 5 to 8 from the revenue records in the subject survey numbered 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 4th respondent consider the representations dt.04.05.2025 and 02.07.2025 made by the petitioners for rectification/deletion of the names of the respondent no. 5 to 8 in respect of the land being an extent of Ac. 11.79 cents in Sy. No. 445-1 and Ac. 3.87 in Sy. No. 445-3 from the revenue records, pending disposal of the writ petition, and to pass such 3 Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioners and Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4. Notice in respect of respondents 5 to 8 is dispensed with since no adverse order is passed affecting their rights and interests. 2. Learned counsel for the petitioners would submit that the petitioners are absolute owners and possessors of agricultural lands of an extent of Ac.11-79 cents in Sy.No.445-1 and Ac.3-87 cents in Sy.No.445-3 respectively of Sivaram Revenue Village, Amarapuram Mandal, Sri Satya Said District and the said properties are their ancestral properties. The petitioners came to know that the names of respondents 5 to 8 are updated in the Revenue records by the 4th respondent. Hence, the petitioners made a representation dated 04.05.2025 (Ex.P.1) to the Tahsidlar-4th respondent to delete the names of respondents 5 to 8 and mutate the petitioners’ names. However, the said representation was not acted upon. 3. Learned Assistant Government Pleader for Revenue would submit that the representation made by the petitioner is not the remedy and the petitioner has to file an appeal under Section 5(4) of the Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, 1971 (for short “the Act’) and the Rules made thereunder or Revision under Section 9 of the Act. Without availing a proper remedy, the petitioner made a representation and approached this Court. 4. In reply, learned counsel for the petitioners would submit that the petitioners will avail proper remedy. 4 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, giving liberty to the petitioner to avail proper remedy under the Act. If the petitioner files an appeal or revision, the learned authority concerned shall consider the same and pass appropriate orders strictly as per the Act and the Rules made thereunder. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.07.2025 KA 5 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19001/2025 Date: 24.07.2025 KA