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2025 DAILYLAW 32357 (AP)

SHAIK GULJZAR v. THE STATE OF ANDHRA PRADESH

WP/24377/2025 · 2025-09-11

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010476402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24377/2025 Between: 1. SHAIK GULJZAR, W/O BARA SHAREEF, AGED 49 YEARS, R/O D.NO.4-63-2, PAMURU, PAMURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 3. REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, PRAKASAM DISTRICT. 4. TAHSILDAR, PAMURU MANDAL, PRAKASAM DISTRICT. 5. DASARI RAMANAIAH, S/O NAGAIAH, AGED. NOT KNOWN TO THE PETITIONER, R/O D.NO.ANKALAMMA BAZAAR, PAMURU PRAKASAM DISTRICT. 6. DASARI THIRUPATHAMMA, W/O RAMANAIAH AGED. NOT KNOWN TO THE PETITIONER, R/O D.NO.ANKALAMMA BAZAAR, PAMURU, PRAKASAM 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 topleased to issue a writ, order or direction more particularly one in 2 the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in trying to change the revenue records pertaining to the land of the petitioner to an extent of Ac.2.00 cents in Sy.No.454/19 and Ac.0.50 cents in Sy.No.454/22 situated in Pamuru Village and Mandal, Prakasam District, without following any known procedure established by law, as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to not to interfere with the possession of the petitioner over the said lands by changing the revenue records 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 the 4th respondent to not to interfere with the properties of the petitioner to an extent of Ac.2.00 cents in Sy.No.454/19 and Ac.0.50 cents in Sy.No.454/22 situated in Pamuru Village and Mandal, Prakasam District and not to change the revenue records, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. PATHURI SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.24377 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in trying to change the revenue records pertaining to the land of the petitioner to an extent of Ac.2.00 cents in Sy.No.454/19 and Ac.0.50 cents in Sy.No.454/22 situated in Pamuru Village and Mandal, Prakasam District without following any known procedure established by law as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to not to interfere with the possession of the petitioner over the said lands by changing the revenue records and pass such other order or orders…...” 2. The case of the petitioner herein is that the petitioner herein is the absolute owner and possessor of the lands admeasuring to an extent of Ac.2.00 cents in Sy.No.454/19 and Ac.0.50 cents in Sy.No.454/22 situated in Pamuru Village and Mandal, Prakasam District having acquired the same through her ancestors. Since the date of acquisition, the petitioner herein has been in peaceful possession and enjoyment of the subject properties without there being any interference or hindrance from any quarter. While so, the respondents are trying to change the revenue records pertaining to the lands of the petitioner as referred supra, without following due procedure as contemplated under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act 1971 (Act No. 26 of 1971). Hence, the writ petition. 4 3. Heard learned counsel for petitioner and learned Government Pleader for the respondents. 4. Learned counsel for the petitioner further submits that without issuing any notice and without following due procedure, the respondents are trying to change the revenue records in respect of the property held by the petitioner. 5. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 11.09.2025 issued by respondent No.4, wherein, the relevant portion is extracted hereunder: “As per web land Adangal, 1B and pass book the name of the writ petitioner is intact in respect of the writ petition lands and no changes were effected as predicted by the petitioner. Further all other allegations mentioned in the affidavit that the 4th respondent is threatening her with the instigation of unofficial respondents, that the revenue records would be changed by deleting the petitioner's name etc., if not settle the dispute with the respondents 5th and 6th are all fake allegations without valid grounds. As the allegations raised are predicted, baseless and without evidence, the writ petition is liable to be dismissed at the admission stage. In view of the facts, it is submitted that the writ petitioner filed this writ surmises and presumptions. Hence this writ petition is devoid of merits and having no iota of evidence and hence does not deserve any consideration. It is liable for dismissal in limini and orders deemed fit and proper may kindly be passed in the circumstances of the case.” 6. Considering the submissions made by the learned counsel for the petitioner, learned Government Pleader for the respondents and in view of the clear and categorical written instructions submitted by the respondent No.4, it is 5 evident that the respondents are not taking any steps for changing the revenue records in respect of the lands held by the petitioner. 7. In view of the same, no further orders are required to be passed in the present writ petition. However, if the respondents intend to change the revenue records, as alleged by the petitioner, the respondents shall follow due process of law. Without following the same, the respondents are restrained to alter/ change the revenue records in respect of the lands held by the petitioner as referred supra. 8. With the above observations, the present Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:12.09.2025 BSP 6 124 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.24377 OF 2025 DATED:12.09.2025 Date:12.09.2025 BSP