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2025 DAILYLAW 46945 (AP)

Smt. ACHAKALA GAYATHRI DEVI v. The State of Andhra Pradesh,

WP/7465/2022 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010120962022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7465/2022 Between: 1. SMT. ACHAKALA GAYATHRI DEVI, D/O. LATE SRI ACHAKALA NARASIMHA RAO NAIDU AGED 58 YEARS. OCC HOUSEWIFE. R/O D.NO. 4/186, TRUNK ROAD SINAGARAYAKONDA. 523101. PRAKASAM DISTRICT. AADHAR CARD NO.313181994526. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI. AMARAVATHI. GUNTUR DIST. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. THE DISTRICT SURVEY AND LAND RECORDS DEPARTMENT, REP. BY ITS ASSISTANT DIRECTOR ONGOLE. PRAKASAM DIST. 4. THE TAHASILDAR, SINGARAYAKONDA. PRAKASAM DIST. PIN. 523101. 5. MR S V S KAMESWARA RAO, S/O. NOT KNOWN AGED. MAJOR. OCC MANDAL REVENUE OFFICER. KONDEPI. MANDAL. PIN.523270. PRAKASAM DIST. 6. MR S VARA KUMAR, S/O. NOT KNOWN AGED. MAJOR. OCC MANDAL REVENUE OFFICER DAGADARTI .PIN.524240. (ERSTWHILE PRAKASAM DIST.) NELLORE DIST. 7. MS SWARNA USHA RANI, D/O. NOT KNOWN AGED. MAJOR. OCC 2 BKM,J W.P.NO.7465 OF 2022 PRESENTLY TAHSILDAR/ MANDAL REVENUE OFFICER 0/O. M.R.O., SINGARAYAKONDA. PRAKASAM DIST. PIN. 523101. 8. MR PAVANI VENKATA PRABHAKAR, S/O. NOT KNOWN. AGED. MAJOR. OCC. SURVEYOR. 0/O. TAHSILDAR/M.R.O. SINGARAYAKONDA. PRAKASAM DIST. 523101. 9. MR SHAJAHAN, S/O. NOT KNOWN AGED. MAJOR. OCC, REVENUE INSPECTOR. 0/O. THE TAHSILDAR/MANDAL REVENUEOFFICER MARRIPADU MANDAL. PODILI. ONGOLE DIST. 10. MR SANKAR, S/O. NOT KNOWN AGED. MAJOR. OCC. VILLAGE REVENUE OFFICER (V.R.O.) 0/O. THE MANDAL REVENUE OFFICER EEATHAMAUKKALA . KOTHAPATNAM MANDAL. PRAKASAM DIST. 11. MS SUJATHA, . D/O. NOT KNOWN AGED. MAJOR. OCC REVENUE INSPECTOR (R.I.) 0/0. M.R.O. SINGARAYAHONDA. PRAKASAM DIST. PIN. 523101. 12. MR SUBRAMANYAM, S/O. NOT KNOWN AGED. MAJOR. OCC. ASST. SECTION OFFICER (ASO). JARUGUMALLI MANDAL. PIN. 523274. PRAKASAM DIST. 13. MS SWAPNA, D/O. NOT KNOWN AGED. MAJOR. OCC. SURVEYOR JARUGUMALLI MANDAL. PIN. 523274. PRAKASAM DIST. 14. MR KOCHURI SAL PRADEEP, S/O. SRI. KOCHURI CHENCHU KRISHNA RAO AGED MAJOR, OCC PRIVATE SERVICE. 15. SMT KOCHURI MANI KUMARI, W/O. SRI KOCHURI OBAIAH NAIDU AGED. MAJOR. OCC. HOUSEWIFE. 16. SMT KOCHURI UDAY KUMARI, W/O. SRI KOCHURI NAGESWARA RAO AGED. MAJOR. OCC. HOUSEWIFE. 17. MR KOCHURI PAVAN KUMAR, S/O. SRI. KOCHURI LAKSHMI NARAYANA SWAMY AGED. MAJOR, OCC. RETIRED EMPLOYEE. (RESPONDENTS 14, 15, 16 AND 17 ARE R/O. OOLLAPALEM VILLAGE SINGARAYAKONDA MANDAL. PIN. 523104. PRAKASAM DIST.) ...RESPONDENT(S): 3 BKM,J W.P.NO.7465 OF 2022 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 any appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus ceclaring that the action of Mr. VARA KUMAR (Respondent No.6), the ther Tahsildar of Singarayakonda, Prakasam Dist in issuing Pattadar Pass Books on 11-06-2019 in favour Respondents No.14, 15 and 16 in Survey No.638 in Pakala Village, Singarayakonda Mandal, Prakasam Dist., without conducting any enquiry and opportunity to the Petitioner herein knowingly when the disputes are pending between the parties is illegal, arbitrary, unjustified as it is nothing but violation of principles of natural justice and consequentially DIRECT the Respondents No.1 to 3 herein to conduct an enquiry and to take appropriate Departmental or Disciplinary Action against Mr. S. VARA KUMAR (Respondent No.6) in issuing Pattadar Pass Books on 11-06-2019 in favour Respondents No.14, 15 and 16 without conducting any enquiry and opportunity to the Petitioner herein when the disputes are pending between the parties and also against Ms. Swarna Usha Rani (shown as Respondent No.7) present Tahsildar of Singarayakonda, Prakasam Dist., for her lethargic attitude and negligent while discharging her duties as it is nothing but -dereliction of duties as stated in the affidavit and also on the Tength of the documents annexed with this Writ Petition and to pass appropriate order/s as this Hon'ble Court may deem fit and proper in the interest of justice. IA NO: 1 OF 2022 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 ORDER for an enquiry against the Respondents No.8 to 13 as they are worked and working during the time of Mr. S. Vara Kumar (Respondent No.6) and Ms. Swarna Usha Rani (Respondent No.7) to elicit the truth that who all are aided to Mr. S. Vara Kumar (Respondent No.6) in issuing Pattadar Pass Books or 11-06-2019 in favour Respondents No.14, 15 and 16 and to pass IA NO: 2 OF 2022 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 Respondent No.2 OR 3 to conduct an enquiry into the matter of issuing of Pattadar Pass Books, issued on 11-06-2019 by the Respondent N..6, in favour of the Respondents No.14, 15, and 16 and to pass appropriate orders to CANCEL said Pattadar Pass Books, in the event, if the 4 BKM,J W.P.NO.7465 OF 2022 Petitioner erein proves her Bonafides over the land in dispute in Survey No.638, "akala Village, Singarayakonda Mandal, Prakasam Dist and RESTORE h r name (Smt. Achakala Gayathri Devi) in the Revenue Records and to pass appropriate orders in the interest of justice. 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 receive the Reply Affidavit Copy on record by allowing the leave petition in W.P.No.7465 of 2022 and to pass IA NO: 2 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 issue a direction to Respondent No. 4 to take all necessary steps to prevent the construction of any civil works or structures by Respondents No. 14 to 17 or any other persons acting on their behalf, on the land situated at Survey No. 638 of Pakala Village, Singarayakonda Mandal, Prakasam District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. M NAGA RAGHU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 5 BKM,J W.P.NO.7465 OF 2022 ORDER Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the proceedings of the then Tahsildar of Singarayakonda, Prakasam District in issuing Pattadar Pass Books on 11-06-2019 in favour of Respondents Nos.14, 15 and 16 in Survey No.638 in Pakala Village, Singarayakonda Mandal, Prakasam Dist., without conducting any enquiry and without giving any opportunity to the Petitioner herein. 3. The learned counsel for the petitioner submits that only under the proceedings of the Tahsildar addressed to the Assistant Director, District Survey and land records, Prakasam District vide letter dated 31.07.2021 the petitioner came to know that an extent of Ac.9-00 cents in Sy.638 has been mutated with the names of the following persons:- Sl.No. Name Of The Revenue Village SY.No. Name of the person on Extent (In Acres) 1 Pakala 638 Koduri Sai Pradeep R14 0.60 638 Kochuri Mani Kumari R15 2.25 638 Kochuri Udaya Kumari R16 5.02 638/1 Kochuri Pavan Kumar R17 1.13 Total 9.00 6 BKM,J W.P.NO.7465 OF 2022 4. Ever since the petitioner is moving from pillar to post by making representations to the respondent Nos.2 & 3 but in vain. Hence, this writ petition. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that as per the report of the Mandal Surveyor, Village Surveyor and Village Revenue Officer the total land in an extent of Ac.9-00 cents is under the occupation of the persons shown in the above said table/respondent Nos.14 to 17. The present enjoydars are also obstructing to conduct survey in the land on the ground that the writ petitioner has no right over the land now in question. Either the petitioner or the petitioner’s father never cultivated the land in question. 6. The learned counsel for the petitioner submits that the above said mutation proceedings with respect to the Ac.9-00 cents in Sy.No.638 was not supplied to the petitioner. Hence, she is not in a position to question the same before the appropriate forum. The learned counsel for the petitioner further submits that the adangal copy issued by the Tahsildar dated 11.01.2018, also discloses the petitioner’s father’s name in respect of the said land to an extent of Ac.1-50 cents in Sy. No.638. 7. When that is the case, the 4th respondent is directed to issue the copy of the mutation proceedings if any in respect of Ac.9-00 cents in Sy.No.638 dated 11.06.2019 in favour of the respondent Nos.14 to 17 to the petitioner under an acknowledgment of receiving it. The petitioner shall also make an 7 BKM,J W.P.NO.7465 OF 2022 effort by approaching the 4th respondent to receive the said proceedings. On receipt of the same, if so aggrieved, it is open for the petitioner to assail the same in accordance with law before the appropriate authority concerned. 8. Accordingly, this Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 24.09.2025 LSP 8 BKM,J W.P.NO.7465 OF 2022 272 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7465/2022 24.09.2025 LSP