Bayappagari Lakshmi Devi, v. The State of Andhra Pradesh
WP/21116/2025 · 2025-08-10
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28974 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28974 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010412602025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21116/2025 Between:
1. BAYAPPAGARI LAKSHMI DEVI,, W/O BAYAPPAGARI KRISHNAPPA, AGED 49 YEARS, HINDU, CULTIVATION, R/O CHITTEMVARIPALLI VILLAGE,
ARIKELA POST,
RAMASAMUDRAM MANDAL, ANNAMAYA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMAYA DISTRICT,
3. THE SUB COLLECTOR CUM REVENUE DIVISIONAL OFFICER, MADANAPALLE. ANNAMAYA DISTRICT. 4. THE TAHSILDAR, RAMASAMUDRAM MANDAL, ANNAMAYA 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 a writ or direction, especially on in nature of Writ of Mandamus, declaring the action of the respondents No.4th trying to cancelling my D form-7 Patta granted by the 4th Respondent authority vide proceedings AM. 46/05/2012/4/12 dated 19-06-2012 in Survey No. 199/2 extent of Ac 0.10 cents(Dry), Survey no. 211/2 extent of 0.50cents( Dry),
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Survey no. 220/5 extent of Ac 0.60cents (Dry) in Chittemmavaripalli Village, Dakhala, Arikeia Revenu Village, Ramasamudram Mandal, Punganur Sub- District, Annamaya District, without following the procedure contemplated under the Andhra Pradesh Assigned lands (Prohibition of Transfers) Act 1977, illegal, arbitrary and contrary to principles of Natural Justice and consequently directed the Respondent authorities i.e. 4th Respondent not to cancel the patta of the petitioner scheduled property vide proceedings AM. 46/05/2012/4/12 dated 19-06- 2012 in Survey No. 199/2 extent of Ac 0.10 cents(Dry), Survey no. 211/2 extent of 0.50cents( Dry), Survey no. 220/5 extent of Ac 0.60cents (Dry) in Chittemmavaripalli Village, Dakhala, Arikeia Revenu Village, Ramasamudram Mandal, Punganur Sub-District, Annamaya District.and to complete the enquiry and pass orders to issue pattadar pass book in the name of the petitioner and in the revenue records in respect of the above land within a time bound programme and pass 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 pleased to direct therespondent’s not to interfere with the peaceful possession of the petitione properties of patta land granted by the 4'*^ Respondent authority vide poceedings AM.
46/05/2012/4/1 2 dated 19-06- 2012 in Survey No. 199/2 e)ent of Ac 0.10 cents(Dry), Survey no.211/2 extent of 0.50cents( Dry), Survey no. 220/5 extent of Ac O.OOcents (Dry) in Chittemmavaripalli Village, Dakhala, Arikela Revenu Village, Ramasamudram Mandal, Punganur Sub-District, Annamaya District., pending disposal of the above Writ Petition and for other reliefs and to pass Counsel for the Petitioner:
1. VINODIN RUTH MADAPALLI Counsel for the Respondent(S):
1. GP FOR REVENUE
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 21116 of 2025 ORDER:
This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-
“…to issue an appropriate writ, order or direction, especially on in nature of Writ of Mandamus, declaring the action of the respondents No.4 trying to cancelling my D form-7 Patta granted by the 4th Respondent authority vide proceedings AM. 46/05/2012/4/12 dated 19.06.2012 in Survey No.199/2 extent of Ac.0.10 cents(Dry), Survey no.211/2 extent of 0.50 cents (Dry), Survey no.220/5 extent of Ac 0.60 cents (Dry) in Chittemmavaripalli Village, Dakhala, Arikeia Revenu Village, Ramasamudram Mandal, Punganur Sub-District, Annamaya District, without following the procedure contemplated under the Andhra Pradesh Assigned lands (Prohibition of Transfers) Act 1977, illegal, arbitrary and contrary to principles of Natural Justice and consequently directed the Respondent authorities i.e., 4th Respondent not to cancel the patta of the petitioner scheduled property vide proceedings AM.46/05/2012/4/12 dated 19.06.2012 in Survey No.199/2 extent of Ac.0.10 cents(Dry), Survey no.211/2 extent of 0.50 cents (Dry), Survey no.220/5 extent of Ac.0.60 cents (Dry) in Chittemmavaripalli Village, Dakhala, Arikeia Revenu Village, Ramasamudram Mandal, Punganur Sub-District, Annamaya District and to complete the enquiry and pass orders to issue pattadar pass book in the name of the petitioner and in the revenue records in respect of the above land within a time bound programme and to pass such other order or orders…”
2. The case of the petitioner that the petitioner’s father in-law Sri Bayappagari Venkataswamy, occupied the land in Sy.No.199/2 of an extent of Ac.0.10 cents(Dry), Sy.No.211/2 of an extent of Ac.0.50 cents(Dry), Sy.No.220/5 of an extent of Ac.0.60 cents(Dry) in Chittemmavaripalli Village, Dakhala, Arikela Revenue Village, Ramasamudram Mandal, Punganur Sub-
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District, Annamaya District, and brought the land into cultivation.
After the death of Sri Bayappagari Venkataswamy, the petitioner continued to be in possession and has applied for mutation of her name, as well as for issuance of pattadar passbooks and title deeds in her name. However, the Tahsildar has not yet processed the mutation. Aggrieved by this, the petitioner filed an appeal before the Sub Collector‑cum‑Revenue Divisional Officer, Madanapalle, Annamayya District, vide ROR Appeal No. 636/2025 dated 03.05.2025, and the same is pending for adjudication. In the meantime, respondents are threatening dispossession; consequently, the present writ petition has been filed. 3. Without going into merits of the case, the Writ Petition is disposed of, directing the 3rd respondent to dispose of the appeal, as expeditiously as preferably within a period of six (06) months from the date of receipt of copy of the order. It is needless to say, any dispossession of the petitioner from the scheduled property till the disposal of the appeal. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 11.08.2025 SNI
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134 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No.21116 of 2025
Date: 11.08.2025
SNI