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2025 DAILYLAW 47435 (AP)

BANDI @ VANDIKAR SARALA v. THE STATE OF AP

WP/12092/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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% -I IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12092 OF 2025 Between; Band! @ Vandikar Sarala, W/o. (Late) Muna Swamy, Aged 50 years, Occ: House Wife, R/o. Door No.280/A, East Colony, Railway Renigunta, Tirupati District, erstwhile Chittoor District. Quarters, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat building Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati District, Tirupati, Erstwhile Chittoor District. 3. The Tashildar, Renigunta Mandal, Renigunta, Tirupati District Chittoor District. Erstwhile ...RESPONDENTS Petition under Article 226 of the Constitution the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction of India praying that in may more in the nature of WRIT respondent in not consider an extent of Ac OF MANDAMUS, declaring the action of the 3 the petitioners application dated 07-04-2025 pertaining 0.95 cents in rd survey No. 9/2 of Kothapalem Village, Renigunta Mandal Tirupati District is as illegal, arbitrary improper, unjust and violative principal of natural justice apart violative of Article 14,19 the Constitution of India and of 21 and 300-A of respondent to by passing speeking consequently direct the 3rd consider the petitioners application dated 07-04-2025 order in accordance with law within stipulated time and convey the copy of such order to the Petitioner pertaining an extent of Ac 0.95 cents in survey No. 9/2 of Kothapalem Village, Renigunta Mandal, Tirupati District. lA NO: 1 OF 9{)9fi Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the 3 praying that in the circumstances - in support of the petition, the High Court may be respondent to consider the petitioner’s application j order in accordance with law within rd dated 07-04-2025 by passing speaking stipulated time and convey the copy of such order to the Petitioner pertaining an extent of Ac 0.95 cents i survey No. 9/2 of Kothapalem , pending disposal of the above in Village, Renigunta Mandal, Tirupati District writ petition. Counsel for the Petitioner: SRI KOTHA LEELA GANESH Counsel for the Respondent Nos.1 to 3: The Court made the following: ORDER RAGHAVENDRA GP FOR REVENUE . s> APHC010231122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12092/2025 Between: Band! @ Vandikar Sarala ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.KOTHA LEELA GANESH RAGHAVENDRA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- ...RESPONDENT(S) 1. to issue a Writ, order or direction more in the nature of WRIT OF MANDAMUS, declaring the action of the 3rd respondent in not consider the petitioners application dated 07-04-2025 pertaining an extent of Ac 0.95 cents in survey No. 9/2 of Kothapalem Village, Renigunta Mandal, Tirupati District is as illegal, arbitrary improper, unjust and violative of principal of natural Justice apart violative of Article 14,19, 21 and 300-A of the Constitution of India and consequently direct the 3rd respondent to consider the petitioners application dated 07-04-2025 by passing speaking order in accordance with law within stipulated time and convey the copy of such order to the Petitioner pertaining an extent of 2 Ac 0.95 cents in survey No. 9/2 of Kothapalem Village, Renigunta Mandal, Tirupati District and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. The learned counsel for the petitioner submits that the petitioner’s father-in-law was the absolute owner and possessor of land admeasuring 3. to an extent of Ac. 0.95 cents in Sy. No. 9/2, situated at Kothapalem Village, Renigunta Mandal, Chandragiri Taluk, Tirupati District. The subject property was granted to the petitioner’s father-in-law under Section 11(a) of the Enam Abolition Act, XXVI of 1948, in the year 1981. After the demise of the petitioner’s father-in-law, the petitioner being one of the legal heir, has been in continuous possession and enjoyment of the subject property. Subsequently, the petitioner came to know that the subject property was erroneously shown as Vagu Poramboku in the Webland records. Accordingly, the petitioner submitted a representation/application dated 07.04.2025 to the 3'^ respondent, i.e.. the Tahsildar, through CFMS challan, requesting for rectification of the said error and for mutation of her name in the revenue records. However, even after receipt of the said representation/application, the respondent authorities neither considered nor issued any other proceedings. Hence the present writ petition. The learned Government Pleader for Revenue appearing for the 4. respondents submits that the respondent authorities will consider an 3 application/representation of the petitioner dated 07.04.2025 and appropriate orders in accordance with law, within a reasonable time. pass Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the respondents authorities to consider the application/representation dated 07.04.2025 submitted by the petitioner seeking for rectification of the error and for mutation of her name in the revenue records and pass an appropriate order in accordance with law, after providing an opportunity of hearing to the petitioner and other stake holders if any, within a period of three (03) months from the date of receipt of copy of this Order. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. 6. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati District, Tirupati, Erstwhile Chittoor District. 3. The Tashildar, Renigunta Mandal, Renigunta, Tirupati District, Erstwhile Chittoor District. 4. One CC to Sri Kotha Leela Ganesh Raghavendra, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. c cIa f HIGH COURT DATED:06/05/2025 ANDSiJ^ h; 05 JUf 20?5 Mf ^ . Current Section ^ SOfSPATCW^ ORDER WP.No.12092of2025 DISPOSING OF THE W.P. WITHOUT COSTS