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2025 DAILYLAW 31960 (AP)

ADDA NAGESWARAMMA v. The State of Andhra Pradesh

WP/23860/2025 · 2025-09-08

Tarlada Rajasekhar Rao

body2025

Judgment text

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-r APHC010467412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23860 OF 2025 Between: 1. Adda Nageswaramma, W/o. Sri Satya Venkata Subba Rao, Aged 64 years, Occ: Cultivation, R/o. 8-79, Main Road, Akividu, West Godavari District. 2. Munagala Lakshmi Saraswathi, W/o. Veera Venkata Subramanyam Anjaneya Prasad Aged 70 years, Occ: Cultivation, R/o. H.No.7-30-7/1, Motumarri Vari Street, Gangamma Peta, Tenali, Guntur District, Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Velagapudi, Government, Revenue Department, Secretariat Amaravati, Guntur District. 2. The District Collector, Palnadu District at Narasaraopet, Erstwhile Guntur District. 3. The Joint Collector, Palnadu District at Narasaraopet, Erstwhile Guntur District. 4. The Revenue Divisional Officer, Narasaraopet Division, Palnadu District, Erstwhile Guntur District. 5. The Tahsildar, Chilakaluripeta Mandal Guntur District. Palnadu District, Erstwhile 6. Kasina Venkata Nagaraju Adda Nagaraju, S/o. Venkataswami, aged 45 years, R/o. Plot No. 305, B-Block, Silver Springs Apartments, Quthubullapur, Medchal District, Telangana. ...Respondents 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, more particularly 5‘^ Respondent in not considering Petitioners' objections submitted through representation, dt. 01.09.2025, opposing the proposed mutation of 6 Respondents' name in record of rights connected to their joint family property admeasuring Ac. 3.21 Cents covered by Sy. No's 438-1 A3, 438-1C5, 438- 1C6, 438-3B, 439-3A3, 439-3A4 of Purushothapatnam Revenue Village of Chilakaluripeta Mandal, Palnadu District pursuant to its Notice in RCC. NO.180/2025-A, dt. 20.03.2025 th as illegal, irregular, irrational and in contravention of law laid by the full bench of this Hon'ble Court in 'Chinnam Pandurangam v. Mandal Revenue Officer and Ors. cited as 2007 (6) ALD 348 (FB), and violative of provisions enshrined in the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and Rules framed there under and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents, more particularly 5‘^ Respondent to mutate the revenue records in the names of the true legal heirs of the original owner by considering Petitioners' said objections submitted through representation, dt. 01.09.2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents particularly 5*^^ Respondent not to mutate the name of Respondent in record of rights nor grant E-Pattadar Passbook and Title Deed connected to Petitioners’ joint family property admeasuring Ac. 3.21 Cents covered by Sy. No’s 438-1 A3, 438-1C5, 438-1C6, 438-3B, 439-3A3, 439-3A4 of Purushothapatnam Revenue Village of Mandal, Palnadu District by considering their objections representation, dt. 01.09.2025, pending disposal of main Writ Petition. Chilakaluripeta submitted through Counsel for the Petitioners: SITA RAM CHAPARLA Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : SRI GHANTA SRIDHAR The Court made the following : APHC010467412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23860 of 2025 Between: 1.ADDA NAGESWARAMMA, W/0. SRI SATYA VENKATA SUBBA RAO, AGED 64 YEARS, OCC. CULTIVATION, R/0. 8-79, MAIN ROAD, AKIVIDU, WEST GODAVARI DISTRICT. 2.MUNAGALA LAKSHMI SARASWATHI,, W/0. VEERA VENKATA SUBRAMANYAM ANJANEYA PRASAD AGED 70 YEARS, OCC. CULTIVATION, R/0. H.NO.7-30-7/1, STREET, GANGAMMA PETA, TENALI, GUNTUR DISTRICT, ANDHRA PRADESH. MOTUMARRI VARI ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, PALNADU DISTRICT AT NARASARAOPET, ERSTWHILE GUNTUR DISTRICT. 3.THE JOINT COLLECTOR, PALNADU DISTRICT AT NARASARAOPET, ERSTWHILE GUNTUR DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, NARASARAOPET DIVISION, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 5.THE TAHSILDAR, CHILAKALURIPETA MANDAL, PALNADU DISTRICT, ERSTWHILE GUNTUR DISTRICT. 6.KASINA VENKATA NAGARAJU ADDA NAGARAJU, S/0. VENKATASWAMI, AGED 45 YEARS, R/0. PLOT NO. 305, B- BLOCK, SILVER SPRINGS APARTMENTS, QUTHUBULLAPUR, MEDCHAL DISTRICT, TELANGANA. ...RESPONDENT(S): 2 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, more particularly 5 Respondent in not considering Petitioners' objections submitted through representation, dt. 01.09.2025, opposing the proposed mutation of 6 Respondents' name in record of rights connected to their joint family property admeasuring Ac. 3.21 Cents covered by Sy.No's 438-1 A3, 438-1C5, 438-1C6, 438-3B, 439- 3A3, 439-3A4 of Purushothapatnam Revenue Village of Chilakaluripeta Mandal, Palnadu District pursuant to its Notice in RCC. No.180/2025-A, dt. 20.03.2025, as illegal, irregular, irrational and in contravention of law laid by the full bench of this Hon'ble Court in 'Chinnam Pandurangam v. Mandal Revenue Officer and Ors. cited as 2007 (6) ALD 348 fFB)', and violative of provisions enshrined in the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and Rules framed there underand offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents, more particularly 5th Respondent to mutate the revenue records in the names of the true legal heirs of the original owner by considering Petitioners' said objections submitted through representation, dt.01.09.2025. Counsel for the Petitioner(S): 1.SITARAM CHAPARLA Counsel for the Respondent(S); 1.GP FOR REVENUE 2.GHANTASRIDHAR The Court made the following: 3 % ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: " to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, more particularly 5*'" Respondent in not considering the Petitioners’ objections submitted through representation, dt.01.09.2025, opposing the proposed mutation of 6*^ Respondents’ name in record of rights connected to their joint family property admeasuring Ac.3.21 Cents covered by Sy.Nos.438-1A3, 438-1C5, 438-1C6, 438- 3B, 439-3A3, 439-3A4 of Purushothapatnam Revenue Village of Chilakaluripeta Mandal, Palnadu District, pursuant to its Notice in RCC.No.180/2025-A, dt.20.03.2025 illegal, irregular, irrational and in contravention of law laid by the full bench of this Hon’ble Court in Pandurangam v. Mandal Revenue Officer & Ors. cite as 2007(6) ALD 348 (FB)”, and ivolative of provisions enshrined in the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971 and Rules framed there under and offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents, more particularly 5'*^ Respondent to mutate the revenue records in the names of the true legal heirs of the original owner by considering Petitioners’ said objections submitted through representation, dt.01.09.2025 and pass such other order " as Chinnam 2. The grievance of the petitioners is that they made a representation on 01.09.2025, opposing the proposed mutation of the 6'“^ respondent’s name and to direct the official respondents to consider the representation dated 01.09.2025 and receive the objections filed by the petitioners herein. 4 3. Both th© learnsd couns6l for tho unofficial well as the learned Assistant Government furnished proceedings dated 04.09.2025. proceedings, it transpires that a notice was issued to the petitioners herein, requesting to file objections, if any. Therefore, this Court is inclined to direct the official herein to consider the objections of the petitioners herein disposing of any mutation proceedings in between the petitioners and the unofficial respondent. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto. Interlocutory Applications pending, if shall stand closed. respondent No.6 as Pleader for Revenue As seen from the said 4. respondents while any. //TRUE COPY// Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR To, SECTION OFFICER 1 ■ The Principal Secretary to Government Andhra Pradesh, Secretariat 2. The District Collector, Guntur District. 3. The Joint Collector, Palnadu District. , Revenue Department, State of Velagapudi, Amaravati, Guntur District. Palnadu District at Narasaraopet Erstwhile District at Narasaraopet, Erstwhile Guntur 4- The Revenue Divisional Officer, Narasaraopet Division, Palnadu District, Erstwhile Guntur District. 5. The Tahsildar Chilakaluripeta Mandal Palnadu District, Erstwhile Guntur District. 6. One CC to Sri Sita Ram Chaparla 7. Two CCS to GP for Revenue, Advocate [OPUC] Court ofAndhra Pradesh [OUT] • One CC to Sri Ghanta Sridhar, Advocate [OPUC] 9. Two CD Copies Cnr ■ K HIGH COURT DATED:09/09/2025 ORDER WP NO. 23860 OF 2025 5?^ jf' • 0 if ^9 2025 DISPOSING OF THE W.P. WITHOUT COSTS