APHC010034792021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2410/2021 Between: 1. YANAMADALA NARASIMHULU, , S/O ROSAIAH, AGED ABOUT 52 YEARS, OCC- AGRICULTURE, R/O NARAMPETA (VIL), ATMAKUR MANDAL, S.P.S.R.NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE DISTRICT COLLECTOR, NELLORE, S.P.S.R.NELLORE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, S.P.S.R.NELLORE DISTRICT. 4. THE TAHSILDAR, ATMAKUR MANDAL, ATMAKUR S.P.S.R.NELLORE DISTRICT 5. MEDARAMETLA RAMAIAH, S/O RAMA KRISHNAIAH, AGED ABOUT 80 YEARS, OCC- AGRICULTURE, R/O NARAMPETA (VIL), ATMAKUR MANDAL, S.P.S.R.NELLORE DISTRICT. ...RESPONDENT(S): 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action 2 of the Tahsildar, Atmakur Mandal, Atmakur, S.P.S.R.Nellore District in removing the name in 1B format (ROR) dated- 12-01-2021 and the Adangal dated- 12-01-2021 for the Land in Sy. No.133-2C, extent Ac.1.73 cents, Sy. No.132-3, extent Ae.2.18 cents of Narampeta (Vil), Atmakur Mandal, S.P.S.R.Nellore District and entering the name of Medarametla Varalamma w/o Ramaiah in 1B format (ROR) dated- 12- 01-2021 and Adangal dated- 12-01-2021 for the above said Land and further action of the Tahsildar, Atmakur Mandal, Atmakur, S.P.S.R.Nellore District in trying to dispossess the Petitioner from the above said Land is arbitrary, illegal, without Jurisdiction and consequently set aside the above said entries in the name of Medarametla Varalamma w/o Ramaiah in 1B format (ROR) and Adangal for the above said Land and further direct the Respondents 2 to 4 to enter the name of the Petitioner in 1B format (ROR) and Adangal for the above said Land and further not to dispossess the Petitioner from the above said Land and pass IA NO: 1 OF 2021 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 Respondents 2 to 4 not to dispossess the Petitioner from the Land in Sy. No.133-2C, extent Ac.1.73 cents, Sy. No.133-2C, extent Ac.1.73 cents, Sy. No.132-3, extent Ac.2.18 cents of Narampeta (Vii), Atmakur Mandal, S.P.S.R.Nellore District, pending disposal of the Writ Petition and pass IA NO: 1 OF 2024 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 grant leave to the Respondent No.4 to file counter affidavit and pass Counsel for the Petitioner: 1. CH C KRISHNA REDDY Counsel for the Respondent(S): 1. ROSEDAR SRA 2. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. None appears for the 5th respondent. 2. This writ petition was filed questioning the action of the 4th respondent in removing the name in 1B format (ROR) dated 12.01.2021 and the adangal dated 12.01.2021 for the land in an extent of Ac.1.73 cents in Sy.No.133-2C and an extent of Ac.2.18 cents in Sy.No.132-3 of Narampeta Village, Atmakur Mandal, S.P.S.R.Nellore District and entering the name of Medarametla Varalamma W/o Ramaiah in 1B format (ROR) dated 12.01.2021 and Adangal dated 12.01.2021 for the above said land and further the action of the 4th respondent in trying to dispossess the petitioner from the above said land. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that, at present the name of Medarametla Varalamma W/o Ramaiah (sister of the writ petitioner) was recorded in webland as a pattadar and enjoyer. Medarametla Varalamma is the wife of the 5th respondent and sister of the writ petitioner. She died on 04.04.2020. After her demise, her brother filed this writ petition. During her lifetime, she filed a representation before the 4th respondent dated 27.07.2018 with a request to mutate her name in the revenue records to an extent of 4 Ac.2.18 cents in Sy.No.132/3 of Narampeta village, as she got the land from her father towards the Pasupu-Kunkuma. But she has not enclosed the gift deed executed by her father. The then Tahsildar, rejected the claim of the petitioner on 09.10.2018 with an observation that there is a civil dispute involved in this matter. But her name was mutated in the revenue records as pattadar and enjoyer. 4. The writ petitioner kept silent for several years and filed this writ petition after her demise impleading her husband as the 5th respondent. The petitioner is not in possession and enjoyment of the subject land and hence, the question of trying to dispossess him from the subject land does not arise. After due enquiry only the then Tahsildar mutated the name of the wife of the 5th respondent in the village records in an extent of Ac.1.73 cents in Sy.No.133-2C, Ac.2.18 cents in Sy.No.132-3 of Narampeta village. If the petitioner is having any grievance, he can prefer an appeal before the Revenue Divisional Officer, Atmakur or he can file a civil suit before the competent civil court. Without availing the alternative remedies available to him, he straightaway filed this writ petition. 5. In view of the above said facts and circumstances, if the petitioner is aggrieved of the mutation of the name of her sister/ the wife of the 5th respondent as pattadar and enjoyer of the subject land by the 4th respondent, liberty is given to the petitioner to assail the action of the 4th 5 respondent before the 3rd respondent following the due procedure by filing the appeal. In the event of filing any appeal by the petitioner, the 3rd respondent shall consider and dispose of the same strictly in accordance with law by hearing all the parties concerned giving due opportunity including the petitioner and the 5th respondent, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. 6. Accordingly, the 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 17.11.2025 NNN