Extracted from the PDF above. The PDF is authoritative.
[3206 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWENTYFIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 45852 OF 2016 A' 'N c: ' o . o / ;0 Between: Bharathi,, D/o late D. Bhaskar Naidu, W/o Damodar, age 38 years, R/o Kichamanaidupalli Village, Pathgunta post, Vedurukuppam Mandal, Chittoor District. ...PETITIONER AND
1. The State of Andhra Pradesh,, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector,, Chittoor, Chittoor District. 3. The Revenue Divisional Officer,, Chittoor, Chittoor District. 4. The Tahsildar,, Vedurukuppam Mandal, Chittoor District. 5. G. Manohar Naidu,, S/o Venkata Perumalnaidu, aged 42 years, R/o 4- 17, Narayanavanam Road, Puttur, Chittoor District. 6. G. Bhupathamma,, W/o Venkatrama Naidu, aged about 55 years, R/o Nallavenganapalli village & Post, Vedurukuppam Mandal, Chittoor District. ...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 an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in changing the entries in record of rights in respect of dry lands i.e. an extent of Ac.0.20 cents in Sy.No.361/1, an extent of Ac. 0.58 cts in Sy.No.361/2 and an extent of Ac. 2.00 cts in Sy.No.361/3, in total an extent of Ac.2.78 cts of Pathagunta Revenue Village Vedurukuppam Mandal, Chittoor District
belonging to the petitioner, for which D-Form Patta was granted to the petitioner on 04.01.2008 in the names of respondent Nos. 5 and 6 respectively as illegal, arbitrary, contrary to the provisions of the Board Standing Order No. 15, the A.P. Rights in Land and Pattadar Pass Books Act, 1971, the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and in violation of Principles of Natural Justice and consequently direct the 4th respondent to restore the name of the petitioner in respect of the above said lands in all the revenue records and delete the names of respondent Nos. 5 and 6 in respect of the above said lands in 1-B register and other revenue records LA. NO: 1 OF 2016(WPMP.
NO: 56507 OF 20161 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 to direct the respondent Nos. 3 and 4 not to dispossess the petitioner from her lands of Ac.2.78 cts i.e. an extent of Ac.0.20 cents in Sy.No.361/1, an extent of Ac. 0.58 cts in Sy.No.361/2 and an extent of Ac. 2.00 cts in Sy.No.361/3 situated in Pathagunta Revenue Village Vedurukuppam M4ndal, Chittoor District by suspending the entries made in favour of respondent Nos. 5 and 6 in the revenue records Counsel for the PetitioneriSRI. V SUDHAKAR REDDY Counsel for the Respondents: GP FOR REVENUE (AP) THE COURT MADE THE FOLLOWING ORDER:
APHC010589082016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] m FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 45852/2016 Between: ...PETITIONER Bharathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.VSUDHAKAR REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE (AP) The Court made the following Order: The petitioner, has approached this Court, stating that her name in the Revenue Records, in relation to land to an extent of Ac.0.20 cents in Sy.No.361/1, Ac.0.58 cents in Sy.No.361/2 and Ac.2.00 cents in Sy.No.361/3 of Pathagunta Village, which had been entered, on the basis of a D.K.T. Patta No.849, dated 04.01.2008, had been removed and the names of the respondents 5 & 6, had been included without any proceeding and without any notice to the petitioner. ( 'W
RRR,J V W.P. No. 45852 of 2016 initiated O.S.No.154 of 2015, against third parties including a permanent injunction restraining them from same had been decreed, by way of a The petitioner contends that, she had before the learned Senior Civil Judge, Puttur the 5*^ respondent herein, for interfering with her possession and the
judgment, dated 14.10.2024.
2. There is no
3. appearance for the respondents 5 & 6 despite service of notice.
4. A perusal of the judgment and decree of the learned Senior Civil Judge, Puttur, shows that, the learned Senior Civil Judge, has accepted the title of the petitioner over the said land by virtue of the D.K.T. Patta produced by her had also held that, the claim of before the Court. Thereafter, the Trial Court, the 5'^ respondent herein, who was arrayed as the 5*' respondent in the Suit, had taken the property, on lease, from the petitioner cannot be accepted as the land in question was an assigned land.
5.
Learned counsel for the petitioner would submit that in view of these
facts, the title of the petitioner is not in dispute and that the Revenue Records could not have been altered, without any notice and without any proceedings in that regard.
6. The learned Assistant Government Pleader for the respondents 1 to 4, relies who/was arrayed as the 4' Revenue, appearing for upon the counter-affidavit filed by the Tahsildar, respondent. In this counter-affidavit, the 4*^
3 RRRJ W.P.No.45852 of 2016 respondent, has taken the stand that the D.K.T. Patta claimed by the petitioner is not available in the records of the Revenue Department and the same cannot be accepted.
7. Despite the contention of the Tahsildar, the fact remains that the name of the petitioner had been included in the Revenue Records and there is an abrupt change, in favour of the 5**^ respondent, without any underlying proceeding. However, the nature of the said dispute between the petitioner and the 5*'^ respondent is settled by virtue of a judgment and decree, dated 14.10.2024, by the learned Senior Civil Judge, Puttur, in O.S.No.154 of 2015. Accordingly, this Writ Petition is disposed of with a direction to the
8. Tahsildar to alter the Revenue Records in favour of the petitioner. Any dispute relating to the issuance of the D.K.T. Patta is outside the purview of this Writ Petition and the same is left open. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed.
Sd/- P. VINOD KUMAR ASSISTANTREGISTRAR //TRUE COPY// SECT The Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Guntur District.(SPECIAL MESSENGER) The District Collector,, Chittoor, Chittoor District. The Revenue Divisional Officer,, Chittoor, Chittoor District. The Tahsildar,, Vedurukuppam Mandal, Chittoor District. G. Manohar Naidu,, S/o Venkata Perumalnaidu, aged 42 years, R/o 4-17, Narayanavanam Road, Puttur, Chittoor District. G. Bhupathamma,, W/o Venkatrama Naidu, aged about 55 years, R/o Nallavenganapalli village & Post, Vedurukuppam Mandal Chittoor District. (Nos. 2 to 6 by RPAD) One CC to SRI. V SUDHAKAR REDDY Advocate [OPUC] Two CCS to GP FOR REVENUE (AP) ,High Court Of Andhra Pradesh. [OUT] Three CD Copies To,
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HIGH COURT DATED:25/04/2025
ORDER •« WP.No.45852 of 2016 70 \flon2® ,E 3:
DISPOSING THE WRIT PETITION WITH NO COSTS