Smt. Potta Usha Rani, v. The State of Andhra Pradesh,
WP/21039/2025 · 2025-11-03
D Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40514 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40514 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.21039 of 2025, DR,J
APHC010404632025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 21039/2025 Between:
1. SMT. POTTA USHA RANI,, S/O SEETHA RAMA GUPTA, AGED 60 YEARS. HOUSE WIFE, R/O NATARAJ FUNCTION HALL, CHEEPURURPALLI ROAD, RAJAM, (ERESTWHILE SRIKAKULAM DIST) PRESENTLY VIZIANAGARAM DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TUIIUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, (ERSTWHILE SRIKAKULAM DISTRICT), PRESENTLY VIZIANAGARAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHEEPURURPALLI REVENUE DIVISION, ERSTWHILE SRIKAKULAM DISTRICT), PRESENTLY VIZIANAGARAM DISTRICT. 4. THE TAHISLADAR, GARIVIDI REVENUE MANDAL, (ERSTWHILE SRIKAKULAM DISTRICT),
PRESENTLY VIZIANAGARAM DISTRICT. ...RESPONDENT(S):
W.P.No.21039 of 2025, DR,J
The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue a writ, order or direction more in the nature of Mandamus declaring the action respondents particularly the 2nd to 4th respondents for not issuance of E-Pass Book, Web Land online Revenue Record by entering the Petitioner name for an extent of Ac. 1 -47 cents in Survey Nos. 10-16 to 10-28 situated in Kapusambam Balaga Village Garividi Mandal, Vizianagaram District by considering the Petitioner husband name was already entered in the Revenue Records and issued E. Pass Book, 1-B Register vide Application No. ROROl 1612457172, dated 12-07-2016 is illegal, arbitraiy, violation of Principal of Fundamental Rights under the Constitution of India, Violation of Principals of Natural Justices, contrary to the Provisions of ROR Act 1971…”
1. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondent Nos.1 to 4. 2. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject agricultural land admeasuring for an extent of Ac.1.47 cents in Survey Nos.10-16 to 10-28, situated at Kapusambam Balaga Village, Garividi Mandal, Vizianagaram District, having acquired the said property through a registered Gift Settlement Deed dated 15.07.2016 executed by her husband. Since then,
W.P.No.21039 of 2025, DR,J
the petitioner has been in peaceful possession and enjoyment of the subject property.
The petitioner made an application to the 4th respondent seeking issuance of an e-Pattadar Passbook and Title Deed and for mutation of her name in the revenue records. Aggrieved by the inaction of the 4th respondent, the petitioner preferred an appeal before the 3rd respondent under Section 5(5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, on 02.03.2022, which is still pending for consideration before the 3rd respondent. During the pendency of the said appeal, the petitioner submitted a representation to the 2nd respondent/Joint Collector. Pursuant to the said representation, the 2nd respondent, vide proceedings dated 24.12.2022, directed the 3rd respondent/Revenue Divisional Officer to conduct an enquiry and pass appropriate orders under the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971. In compliance with the said direction, the 3rd respondent, vide letter dated 18.03.2025, forwarded the matter to the 4th respondent, directing him to conduct a detailed enquiry and submit a factual report for compliance with the orders of the District Collector dated
24.12.2022. However, despite the directions issued by the 2nd and 3rd respondents through their respective orders dated 24.12.2022 and 18.03.2025, the 4th respondent has failed to conduct the enquiry and submit the report till date. Hence, the present Writ Petition. 3. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that pursuant to the directions
W.P.No.21039 of 2025, DR,J
issued by the 2nd and 3rd respondents through their respective orders dated 24.12.2022 and 18.03.2025, the 4th respondent will conduct an enquiry and submit a report with reference to the claim of the petitioner, and appropriate orders will be passed in accordance with law within a reasonable period of time. 4.
Considering the submissions made by both the learned counsel and upon perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the 4th respondent to conduct a detailed enquiry and submit a report to the 3rd respondent within a period of two (02) months from the date of receipt of a copy of this order. Upon submission of such report by the 4th respondent, the 3rd respondent is hereby directed to pass appropriate orders, after affording an opportunity of hearing to the petitioner, within a period of four (04) weeks thereafter. 5. With the above direction, the writ petition is disposed of. No orders as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 04.11.2025 klk
W.P.No.21039 of 2025, DR,J
96 THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION No.21039 of 2025
04.11.2025 kkllkk