Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48770 (AP)

Sunkara Subbamma, v. The State of Andhra Pradesh,

WP/12134/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12134 OF 2025 Between: Sunkara Subbamma, W/o. late.Sunkara Narayana, aged about 78 years, Occ. House Wife, R/o. Mallela Village and Post, Peddathippasamudram(PTM) Mandal Annamayaa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by itsPrincipal Secretary Revenue Department, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Rayachoty, Annamayaa District. 3. The Revenue DivisionalOfficer, Madanapalle, Annamayaa District. 4. The Tahsildar, Peddathippasamudram(PTM) Mandal, Annamayaa District. 5. Village Revenue Officer(VRO), Mallela Revenue Village, Peddathippasamudram(PTM) Mandal, Annamayaa District. r Qs«s. 6. M.Srinivasulu Reddy, S/o. late.M.Gopal Reddy, aged about 45 years, Occ. Agriculture, Mallela Village and Post, Peddathippasamudram(PTM) Mandal, Annamayaa District. 7. M.Kalyan Reddy, S/o. late.M.Gopal Reddy, aged about 52 years, Occ. Agriculture, Mallela Village and Post, Peddathippasamudram(PTM) Mandal, Annamayaa District. 8. M.Venkata Reddy, S/o. late.M.Gopal Reddy, aged about 48 years, Occ. Agriculture, Mallela Village and Post, Peddathippasamjudram(PTM) Mandal, Annamayaa 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 appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents No. 2 to 5 in not mutating petitioner's name in revenue records by issuing From 1-B and Adangal from petitioner's husband late. Sunkara Narayana, Khata No. 145 to the petitioner's Khata No. 1089 in respect of the dry agricultural land to an extent of Ac. 0-88 cents situated in Sy. No. 54- 01 of Mallela Village, Peddathippasamudram (PTM) Mandal, Annamayaa District erstwhile Chittoor District in spite of application made on 10.12.2024 and further action of the Respondents No. 4 and 5 and their sub-ordinate officers in interfering in respect of the petitioners lawful possession and enjoyment of dry agricultral land to an extent of Ac. 0-88 cents situated in Sy. No. 54- 01 of Mallela Village, Peddathippasamudram (PTM) Mandal, Annamayaa District erstwhile Chittoor District at the behest and influence of Respondent Nos. 6 to 8 and further also harrasing, threatening and forcing the petitioner to give up above mentioned land to Respondent Nos. 6 to 8 t as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of The Constitution of India and contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act 1971 and Rules made there under and to pass lA 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 to direct the Respondents 4 & 5 and their sub-ordinate officers not to interfere into the petitioner's lawful possession and enjoyment of dry agricultural land to an extent of Ac 0-88 cents situated in Sy. No. 54-01 of Mallela Village, Peddathippasamudram(PTM) Mandal, Annamayaa District erstwhile Chittoor District pending disposal of the above writ petition. Counsel for the Petitioner: SRI. VELIVELA VEERARAGHAVAIAH Counsel for the Respondents No.1 to 5: GP FOR REVENUE Counsel for the Respondents No.6 to 8: None appeared The Court made the following Order: APHC010216512025 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: 12134/2025 Between: ...PETITIONER Sunkara Subbamma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. VELIVELA VEERARAGHAVAIAH 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 1. India seeking the following relief; “to issue an appropriate writ order or direction more particulariy one in the nature of writ of Mandamus declaring the action of the Respondents No 2 to 5 in not mutating petitioners name in revenue records by issuing From 1B and Adangal from petitioners husband iate Sunkara Narayana Khata No. 145 to the petitioners Khata No. 1089 in respect of the dry agricultral land to an extent of Ac 088 cents situated in Sy No.5401 of Mallela Village Peddathippasamudram, PTM Mandal Annamayaa District erstwhile Chittoor District in spite of application made on 10.12.2024 and further action of the Respondents No. 4 and 5 and their subordinate officers in interfering in respect of the petitioners lawful possession and enjoyment of dry agricultral land to an extent of Ac.0-88 cents situated in Sy No 54 01 of Malleia Village Peddathippasamudram PTM Mandal Annamayaa District erstwhiie Chittoor District at the behest and infulence of Respondent Nos. 6 to 8 and further also harrasing threatening and forcing the petitioner to give up above mentioned land to Respondent Nos 6 to 8 as illegal arbitrary unconstitutionai and violative of Articles 14 21 and 300A of The Constitution of India and contrary to the provisions of the A P Rights in Land and Pattadar Pass Books Act, 1971 and Rules made there under and to pass such other order or orders...” The case of the petitioner is that the petitioner's husband was the absolute owner and possessor of dry agricultural land admeasuring to an extent of Ac.0.88 cents, situated in Sy.No.54-01 of Malleia Village, Peddathippasamudram (PTM) Mandal, Annamayya District (erstwhile Chittoor District). 2. The learned counsel for the petitioner submits that the petitioner’s husband passed away on 20.06.2016. After his demise, the petitioner submitted an application/representation on 10.12.2024 to the Revenue Authorities requesting for mutation of her name in the revenue records. 3. being the wife and sole legal heir and successor, by transferring ownership in respect of the subject property. However, even after receipt of the said application dated 10.12.2024, the respondent authorities neither considered the petitioner’s representation nor issued any other proceedings. Hence, the present writ petition. On the other hand, the learned Government Pleader for Revenue 4. appearing for the respondents, submits that if the petitioner submits a Form-6A application for mutation of the petitioner’s name in the revenue records in respect of the subject property, the respondent authorities will consider the same and pass appropriate orders in accordance with the law. Heard the learned counsel for the petitioner and the learned 5. Government Pleader appearing for the respondents 6. 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 upon perusal of the material available on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the petitioner to submit an application in Form N0.6A seeking for mutation of her name in the revenue records, within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of the said representation/application of the petitioner, the respondent No.4 shall consider the same and, after issuing notice to the other legal heirs of the petitioner in respect of the subject property and any other stakeholders, including those claiming rights by way of tenancy, encroachment, or occupation, and after having detailed enquiry. Thereafter, the respondent No.4 shall pass appropriate orders under provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 within a period of four (04) months, in accordance with the law. In the meanwhile. J J stgtus-ciLio obtaining as on today shall be maintained by both parties in respect of the subject property. VVith the above direction, the writ petition is disposed of. There shall 7. order as to costs. be no consequently, Miscellaneous Petitions, if any, pending in the writ shall stand closed. petition Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Revenue Department, Secretariat Building, Velagapudi, Guntur District. •«> '? 2. The District Collector, Rayachoty, Annamayaa District. 3. The Revenue Divjsionai Officer, Madanapalle, Annamayaa District, . f*' 4. The Tahsildar, Peddathippasamudram(PTM) Mandal, Annamayaa District. 5. The Village Revenue Officer(VRO), Mallela Revenue Village, Peddathippasamudram(PTM) Mandal, Annamayaa District. 6 One CC to SRI. VELIVELA VEERARAGHAVAIAH Advocate [OPUC] 7 Two CCS to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies vna HIGH COURT DATED:06/05/2025 ORDER WP.No.12134of 2025 5 13 JUN 2075 o> 5a^ . Current iiecuon . DISPOSING OF THE WRIT PETITION WITHOUT COSTS