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2025 DAILYLAW 3147 (AP)

Khursheed Unnisa v. The State of Andhra Pradesh

WP/1112/2025 · 2025-01-20

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD - WRIT PETITION NO: 1112 OF 2025 . Between: 1. Khursheed Unnisa, w/o Gafoor Sab, Age 68Years, Occ Agriculturist, R/o 7th Ward, Khajipete, Gudibanda Village and Taluk Chikkaballapur District, Karnataka 2. Y.Muntaj, w/o Yadiki Munaf, Age 65 years, Occ Agriculturist, R/o 12-5- 62, Fort, Hindupur Town, Sri Sathya Sai District- 3. Fajurunnisa, w/o Anwar Basha, Age 63 Years, Occ Agriculturist, R/o 3- 256-A, Back Side of Sadiq Lodge, Gorantia Town, Sri Sathya Sai District 4. Wtapalli Reshma Banu, w/o V.Mahammad Rafiq Ahammad, Age 42 yyears, Occ Agriculturist, R/o 1-74B, Near ZP High School, Parigi Town, Sri Sathya Sai District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Revenue Secretariat, Velagapudi, Guntur District 2. The District Collector, Sri Sathya Sai District 3. The Revenue Divisional Officer, Penukonda, Sri Sathya Sai District ^ 4. The Tahsildhar, Chilamathur Mandal, Sri Sathya Sai District -- ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in nature of writ of Mandamus declaring the action on the part of officials of Respondent No.4 herein in not initiating process in pursuance of respective MUT240903050360 Applications bearing MUT240903050312, Numbers MUT240903050266, MUT240903050340 dated 03.09.2024 for mutating Petitioners respective names in Revenue Records Pahanis, 1-B extract (ROR) for issuing Electronic Pattadhar Pass Title Deeds with respect to Petitioners Books, respective Agriculture Lands in an extent of Ac 0-15 Survey Number 575-3A respectively admeasuring Cents situated at Kodur Village, Chilamathur Mandal, Sri Sathya Sai District as Illegal, arbitrary, against provisions of The Andhra Pradesh Rights in consequently direct the process in pursuance of respective MUT240903050360, MUT240903050312, MUT240903050340 dated 03.09.2024 for Petitioners respective names in Revenue Records Pahanis, 1-B extract (ROR) for issuing Electronic Pattadhar Pass Books, Title Deeds with to Petitioners respective Agriculture Lands in Survey Number 575-3A respectively admeasuring an extent of Ac 0-15 Cents situated Village, Chilamathur Mandal, Sri Sathya Sai District. Land and Pattadhar Pass Books Act 1971 and Respondents No.4 to initiate Applications bearing Numbers MLIT240903050266 mutating respect at Kodur lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 herein to take necessary action in pursuance of respective Applications bearing Numbers MUT240903050266 MUT24090305G360 LIT240903050340 dated 03.09.2024 for mutating Petitioners MUT240903050312, respective in Revenue Records Pahanis, 1-B extract (ROR) for issuing Electronic Pattadhar Pass Books, Title Deeds with respect to Petitioners resjDective Agriculture Lands in Survey Number 575-3A respectively names IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD - WRIT PETITION NO: 1112 OF 2025 . Between: 1. Khursheed Unnisa, w/o Gafoor Sab, Age 68Years, Occ Agriculturist, R/o 7th Ward, Khajipete, Gudibanda Village and Taluk Chikkaballapur District, Karnataka 2. Y.Muntaj, w/o Yadiki Munaf, Age 65 years, Occ Agriculturist, R/o 12-5- 62, Fort, Hindupur Town, Sri Sathya Sai District 3. Fajurunnisa, w/o Anwar Basha, Age 63 Years, Occ Agriculturist, R/o 3- 256-A, Back Side of Sadiq Lodge, Gorantia Town, Sri Sathya Sai District 4. Vittapalli Reshma Banu, w/o V.Mahammad Rafiq Ahammad, Age 42 ^^ears, Occ Agriculturist, R/o 1-74B, Near ZP High School, Parigi Town, Sri Sathya Sai District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Revenue Secretariat, Velagapudi, Guntur District 2. The District Collector, Sri Sathya Sai District 3. The Revenue Divisional Officer, Penukonda, Sri Sathya Sai District ^ 4. The Tahsildhar, Chilamathur Mandal, Sri Sathya Sai District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly in nature of writ of Mandamus declaring the action on the part of officials of Respondent No.4 herein in not initiating process in pursuance of respective MUT240903050360 one Applications bearing MUT240903050312 Numbers MUT240903050266, MUT240903050340 dated 03.09.2024 for mutating Petitioners respective names in Revenue Records Pahanis, 1-B extract (ROR) for issuing Electronic Pattadhar Pass Title Deeds with respect to Petitioners respective Agriculture Lands in Books, Survey Number 575-3A respectively admeasuring an extent of Ac 0-15 Cents situated at Kodur Village, Chilamathur Mandal, Sri Sathya Sai District as illegal, arbitrary, against provisions of The Andhra Pradesh Rights in consequently direct the Land and Pattadhar Pass Books Act 1971 and Respondents No.4 to initiate process in pursuance of respective Applications bearing Numbers MUT240903050266, MUT240903050360, MUT240903050312, MUT240903050340 dated 03.09.2024 for mutating Petitioners respective names in Revenue Records Pahanis, 1-B extract (ROR) for issuing Electronic Pattadhar Pass Books, Title Deeds with to Petitioners respective Agriculture Lands in Survey Number 575-3A respectively admeasuring an extent of Ac 0-15 Cents situated at Kodur Village, Chilamathur Mandal, Sri Sathya Sai District. respect lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.4 herein to take necessary action in pursuance of respective Applications bearing Numbers MUT240903050266, MUT24090305G360, UT240903050340 dated 03.09.2024 for mutating Petitioners MUT240903050312, respective issuing in Revenue Records Pahanis, 1-B extract (ROR) for Electronic Pattadhar Pass Books, Title Deeds with respect to Petitioners resjDective Agriculture Lands in Survey Number 575-3A respectively names % admeasuring an extent of Ac 0-15 Cents situated at Kodur Village, Chilamathur Mandal, Sri Sathya Sai District. Counsel for the Petitioner; SRI Y SUBBA RAO REPRESENTING SRI N CHANDRA SEKHAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER % APHC010013012 [3328] 025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.1112 of 2025 Between: 1.KHURSHEED UNNISA, W/0 GAFOOR SAB, AGE 68 YEARS. OCC; AGRICULTURIST, R/0. 7™ WARD, KHAJIPETE, GUDIBANDA VILLAGE AND TALUK, CHIKKABALLAPUR DISTRICT, KARNATAKA. 2.Y.MUNTAJ, W/0 YADIKI MUNAF, AGE: 65 YEARS. OCC: AGRICULTURIST, R/0 12-5-62, FORT, HINDUPUR TOWN. SRI SATHYA SAI DISTRICT. 3.FAJURUNNISA, W/0 ANWAR BASHA, AGE: 63 YEARS, OCC: AGRICULTURIST, R/0 3-256-A. BACK SIDE OF SADIQ LODGE, GORANTLA TOWN, SRI SATHYA SAI DISTRICT. 4.VITTAPALLI RESHMA BANU, W/0 V.MAHAMMAD RAFIQ AHAMMAD, AGE: 42 YEARS, OCC: AGRICULTURIST. R/0 1-74B, NEAR ZP HIGH SCHOOL, PARIGI TOWN, SRI SATHYA SAI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PENUKONDA, SRI SATHYA SAI DISTRICT. 4.THE TAHSILDAR, CHILAMATHUR MANDAL, SRI SATHYA SAI DISTRICT ...RESPONDENT(S) 2 GRKP.J W.P.No.lll2of2025 Counsel for the Petitioner(S): 1. Y. SUBBA RAO for N. CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Mr. Y. Subba Rao, Ld. Counsel appearing on behalf of Sri N. Chandra Sekhar Reddy, Ld. Counsel for the Writ Petitioners, and Ms. Baliboyina Sravani, Ld. Government Pleader for Revenue. Assistant 2. Ld. Assistant Government Pleader for Revenue has submitted Written Instructions furnished by the Tahsildar, Chilamathur Mandal, Sri Sathya Sai District. Copy of it has been supplied to the Ld. Counsel for the Writ Petitioners and the is taken on record. The Written Instructions would same 3. indicate that the Applications of the Writ Petitioners would be considered and Orders would be passed in accordance with law. 4. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into the merits, directing the Tahsildar, Chilamathur 3 GRKP.J • W.P.No. 1 1 12 of 2025 Mandal, Sri Sathya Sai District (Respondent No.4) to consider the Applications submitted by the Writ Petitioners, dated 03.09.2024, and pass a Speaking Order in accordance with law, within a period of four weeks from today, and communicate a copy of such Order to the Writ Petitioners forthwith. Needless to state that the Respondent No.4 is statutorily obligated to adhere to the Principles of Natural Justice by issuing an Advance Notice to all the parties, including the Writ Petitioners herein, and consider their submissions/objections and documents, passing the Final Order. if any, before 5. The Writ Petitioners are directed to submit a copy of this Order to Respondent No.4 within one week from today for effective compliance. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. 7. Interlocutory Applications, if any, stand closed in terms of this Order. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Sri Sathya Sai District. 3. The Revenue Divisional Officer, Penukonda, Sri Sathya Sai District 4. The Tahsildhar, Chilamathur Mandal, Sri Sathya Sai District 5. One CC to Sri N Chandra Sekhar Reddy Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED:20/01/2025 ORDER WP.No.1112of2025 01 FEB 2025 Current Section £>i?SPATCVA^ IX ‘lo DISPOSING OF THE W.P., WITHOUT COSTS