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2025 DAILYLAW 52811 (AP)

DUGGEMPUDI VENKATA LAKSHMAMMA v. THE STATE OF AP

WP/31540/2024 · 2025-12-30

D Ramesh

body2025

Judgment text

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APHC010602502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31540/2024 Between: 1. DUGGEMPUDI VENKATA LAKSHMAMMA, W/O.MALLA REDDY, AGED ABOUT 56 YEARS, R/O.OBULAKKAPALLI VILLAGE, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, ,REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, MARKAPUR, PRAKASAM DISTRICT. 4. THE TAHSILDAR, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT. 5. KOLLI VENKATESWARA REDDY, S/O.PITCHI REDDY, AGED ABOUT 46 YEARS, R/O.NADIGADA VILLAGE, DUPADU POST, TRIPURANTHAKAM MANDAL, PRAKASAM DISTRICT. 6. ZADDU SRINIVASA REDDY, S/O.VENKATA REDDY, AGED ABOUT 46 YEARS, R/O.NADIGADA VILLAGE, DUPADU POST, TRIPURANTHAKAM MANDAL, PRAKASAM DISTRICT. 7. ZADDU RAMANA REDDY, S/O.CHENCHI REDDY, AGED ABOUT 49 YEARS, R/O.NADIGADA VILLAGE, DUPADU POST, TRIPURANTHAKAM MANDAL, PRAKASAM DISTRICT. 8. KOLLI SRINIVASA REDDY, S/O.VENKATA REDDY, AGED ABOUT 46 YEARS, R/O.NADIGADA VILLAGE, DUPADU POST, TRIPURANTHAKAM MANDAL, PRAKASAM DISTRICT. 9. BADDIGAM ADEMMA, W/O.LATE SUBBA REDDY, AGED ABOUT 48 YEARS, R/O.NADIGADA VILLAGE, DUPADU POST, TRIPURANTHAKAM MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue Writ, or order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents 3 and 4 in taking steps to mutate the names of the respondents 5 to 9 in the revenue records in respect of the land an extent of Ac.1.44 cents out of total extent of Ac.5.32 cents covered by sy.No.78/2 of Obulakkapalli Village, Peddaraveedu Mandal, Prakasam District belonging to the petitioner without giving any notice and conducting enquiry despite the representation dt.13.12.2024 made by the petitioner is as illegal, arbitrary, highhanded and without any authority, jurisdiction and also violation of Article 14 and 300-A of the Constitution of India and consequently direct the respondents 3 and 4 not to mutate the names of the respondents 5 to 9 in respect of land to an extent of Ac. 1.44 cents out of total extent of Ac.5.32 cents covered by sy.No.78/2 of Obulakkapalli Village, Peddaraveedu Mandal, District belonging to the petitioner without giving notice and Prakasam conducting enquiry and pass…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. the learned counsel for the petitioner submits that the respondent Nos.3 and 4 are taking steps to mutate the names of respondent Nos.5 to 9 in the revenue records in respect of land admeasuring Ac.1.44 cents out of a total extent of Ac.5.32 cents covered by Survey No.78/2 of Obulakkapalli Village, Peddaraveedu Mandal, Prakasam District, which belongs to the petitioner, without issuing any notice and without conducting any enquiry, despite the representation dated 13.12.2024 submitted by the petitioner. Such action on the part of the respondents is illegal, arbitrary, and violative of principles of natural justice. 4. Considering the same, and without expressing any opinion on the merits of the case, this Court is of the considered view that the writ petition is liable to be disposed of. Accordingly, the writ petition is disposed of with a direction that, if any application for mutation is entertained by the respondent authorities, they shall strictly adhere to the mandatory procedure prescribed under law, including issuance of notice and conduct of a proper enquiry. Any action taken in violation thereof shall be impermissible, being in direct contravention of the law laid down by the Full Bench of the erstwhile High Court in Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal and others, reported in 2007 (6) ALD 348. In view of the above, the respondent authorities are directed to act strictly in accordance with the directions issued by the Full Bench as referred to hereinabove. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 31.12.2025 klk 55 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.31540 of 2024 31.12.2025 kkllkk