Balathoti Bharathi Devi v. THE STATE OF ANDHRA PRADESH
WP/10463/2025 · 2025-04-24
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44139 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44139 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10463 OF AMARAVATI Between: Balathoti Bharathi Devi, W/o. late D. D.No.25-13-39, Srinivasarao Peta 8/1 Kotiratnam, aged about 81 Cross Road, 8*^ Line, Guntur ...PETITIONER years, R/o AND 1- The State of Andhra Pradesh, Department, Secretariat, Amaravati. 2. The District Collector, Krishna, Machilipatnam-521001. 3. The Revenue Divisional Officer, r
4. The Tahsildar, Unguturu (M) Krishna District through its Principal Secretary, Revenue Gudivada-521301, Krishna Dt. : - 534 406 ...respondents / Petition under Article 226 of the Constitution of India pray,ng that in he circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more nature of Writ of Mandamus directing the Respondent No.4 to update the name of the Petitioner in the concerned records i R.S.No.320/1 of Pottipadu (V), Unguturu mutation of her particularly one in the in respect of Ac.0.41 cts in (M), Krishna District, and carryout programme declaring their and 300-A of the Constitution of India. name within a time bound inaction as violative of Articles 14 LA NO: 1 OF Petition under Section 151 stated in the affidavit filed in support of the petition, the High Court P eased to direct the Respondent No,4 to take action CPC praying that in the circumstances may be on the representation
^ Dt; 02.06.2023 and the representation Dt: No.2 and the representation Dt; 12.01.2025 to the Respondent . implement the order of the Respondent No.2 vide R.C.NO. "Dt: 21.01.2021 i ' 15.01.2025 to the Respondent No.4 to E3/3023/2020 in respect of Ac.0.41 cts in R.S.No.320/1 of Pottipadu (V) Unguturu (M) Krishna Dt., updating my name vide A.P. Act 26/1971 in the respective revenue records.
Counsel for the Petitioner: SRI KARUMANCHIINDRANEEL Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER BABU
APHC010191412025 high court of ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) IN THE [3505] S!¥iS m FRIDAY the twenty fifth day of APRIL TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE T.C.D.SEKHAR \A/PIT PFTITION NO: 10463/20^ THE Between: Balathoti Bharathi Devi ...PETITIONER AND ...RESP0NDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
I.KARUMANCHl INDRANEEL BABU Counsel for the Respondent(S):
1,GP FOR REVENUE
The Court made the following order; of the petitioner that, originally land admeasuring It is the case R.S.No.320/1 of Pottipadu Village, assigned in favour of one extent of Ac.0.74 cents in an Unguturu Mandal, Krishna District, was Sri Bobbili Prakasam (Ex-Serviceman), vide L.Dis.No.Rc.A/2370/82 , dated 16.07.1985, on payment of market value @ Rs.500/- per extent of Ac.0.73 cents in acre. Similarly, land admeasuring an R.S.No.320/1 of the said Village was Sri Asirvadam (Ex-Serviceman), vide assigned in favour of one L.Dis. No. Rc.A/2370/82, further case of the petitioner alienated the said properties, and extent of Ac.0.41 dated 16.07.1985, on similar terms. It is that, the said individuals have eventually, the petitioner purchased the land to an said village by virtue of registered sale document No.8892/2014. It is further cents in R.S.No.320/1 of the deed, dated 04.09.2014 vide the date of purchase, she has been in peaceful possession and enjoyment of the same without any case of the petitioner that, since interruption from anybody. The petitioner further contends that, one Sri Dr. V. Nagamalleshwara Rao, purchased the land to an extent of Ac.1.00 cents in Sy.No.320;i. It is further stated that, after purchase have inadvertently classified of the subject lands, the respondents Cheruvu Poramboke in revenue records. After coming the same as to^ndw of the same, the said Dr.V. Nagamalleshwara Rao, made an
3 application seeking to rectify the revenue records by deieting the of Cheruvu Poramboke and to mutate his name. The classification 2'"'^ respondent after enquiring into the matter passed
order dated respondent to mutate the name of records in respect of extent of Ac.1.00 cents in Sy.No.320/1. it is out of the total extent of land in extent of Ac.0.41 cents and 21.01.2021, directing the 4 Sri Dr.V. Nagamalleshwara Rao, in revenue land admeasuring an further case of the petitioner Sy.No.320/1, she purchased an Nagamalleshwara Rao, purchased the remaining extent. It Sri Dr.V. is her further case that, she approached the 4‘^ respondent in revenue records on numerous requesting to mutate her name occasions including representation dated 12.01,2025. Despite the same, there is no action from the 4"' respondent. Therefore, she approached this Court by filing the instant writ petition. other hand, learned Assistant Government Pleader for of this Court to
order dated respondent, wherein, it was stated with regard to the extents of the land
2. On the Revenue draws the attention 21.01.2021, passed by the 2 that, there are discrepancies assigned in favour of the originai assignees and would further submit that, the representation made by the petitioner would be considered nd as per law.
*■ 4 It is not in dispute that, the 2'"'^ respondent passed order dated 21.01.2021, whereby and whereunder directed the 4*'" respondent to mutate the name of Sri Dr.V. Nagamalleshwara Rao, accordingly.
3. his name was mutated in revenue records. The said order attained finality. Further, it is not in dispute that the petitioner purchased the subject land existing in the same survey number. Therefore, there is no impediment for the 4*^ respondent to consider the representation dated 21.01.2021 submitted by the petitioner. In view of the above, the present writ petition is disposed of.
4. directing the 4*^ respondent to consider the application dated 12.01.2025, submitted by the petitioner, and pass appropriate orders thereon, in accordance with law, after affording an opportunity of being heard to the petitioner, within a period of six (06) weeks from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous application pending, if any, shall stand closed.
Sd/- SHAIK MOHD. RAFI ASSISTANT!REGiSXRAR //TRUE COPY// OFFICER SE To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravati.
2. The District Collector, Krishna, Machilipatnam-521001.
3. The Revenue Divisional Officer, Gudivada-521301, Krishna Dt.,
4. The Tahsildar, Unguturu (M) Krishna District - 534 406
5. One CC to Sri Karumanchi Indraneel Babu, Advocate [OPUC] CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies.
1.
6. Two ssb
HIGH COURT DATED:25/04/2025 I 01 m m Cumni Swiion
ORDER WP.No.10463 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS L