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2025 DAILYLAW 5434 (AP)

MOPADA LAKSHMI v. THE STATE OF AP

WP/2684/2025 · 2025-02-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2684 OF 2025 Between: Mopada Lakshmi, W/o. Late Yeruku Naidu, Aged about 66 years, Occ Housewife, R/o Gottivada village, Sabbavaram Mandal, Anakapalli District (Erstwhile Visakhapatnam District). ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Vizianagaram District. 3. The Revenue Divisional Officer, Vizianagaram District. 4. The Tahsildar, Kothavalasa Mandal, Vizianagaram 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 a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action respondents herein particularly Respondent No.4 in not mutating the name of the Petitioner and his family members in Revenue records with regard to the Land extent of Ac. 1.00 cents situated at Sy.Nos.9-5,6 (Old Sy.No.249) of Kothavalasa Village, Kothavalasa Mandal, Vizianagaram District despite there being a clear proceedings issued by the Respondent No.2 vide Rc.No.2441/2024 /SDT-1/KRRC, dated 17.10.2024 as nothing but illegal, arbitrary, highhanded and violative of The Procedure contemplated under an The Andhra Pradesh Rights in Land and Pattadar Passbooks Act. 1971 apart from violative of Article 14 and 300-A of The Constitution of India name of the and consequently direct the Respondent No.4 to mutate the Petitioner and his family members in Revenue Records and issue Pattadar Passbooks and Title Deeds pertaining to the Land cents situated at Sy.Nos.9-5.6 (Old Sy. No.249) of Kothavalasa Kothavalasa Mandal. an extent of Ac. 1.00 Village, lA NO: 1 OF 2Q2fi 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 respondent No.4 to act by the Respondent No.2 vide Rc.No.2441 17.10.2024 forthwith, pending disposal of the above Writ Petition. upon the proceedings issued /2024/SDT-l/KRRC, dated; Counsel for the Petitioner: SRI A. K. KISHORE REDDY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010045612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 11 WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2684/2025 Between: ...PETITIONER Mopada Lakshmi AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 % THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2684/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein particularly respondent No. 4 in not mutating the name of the petitioner and his family members in revenue records with regard to the land an extent of Ac.1.00 cents situated at Sy.Nos.9-5, 6 (Old Sy.No.249) of Kothavalasa Village, Kothavalasa Mandal, Vizianagaram District, despite there being a clear proceedings issued by the respondent No.2 vide Rc.No.2441/2024/SDT-1/KRRC, dated 17.10.2024 as nothing but illegal, arbitrary, highhanded and violative of the procedure contemplated under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 apart from violative of Article 14 and 300-A of the Constitution of India and consequently direct the respondent No. 4 to mutate the name of the petitioner and his family members in revenue records and issue pattadar passbooks and title deeds pertaining to the land an extent of Ac.1.00 cents situated at Sy.Nos.9-5, 6 (Old Sy.No.249) of Kothavalasa Village, Kothavalasa Mandal and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the ancestors of the petitioner’s hsuband purchased the land admeasuring to an extent of Ac. 1.00 cents situated at Survey Nos.9- 5, 6 (Old Sy.No.249) of Kothavalasa Village, Kothavalasa Mandal on 30.05.1960. Since then, the petitioner and her husband are in peaceful possession and enjoyment of the subject property. While 3 SO, the petitioner’s husband died and her family members made 4 respondent. But the 4**^ respondent did on 04.08.1978. Later, the petitioner an application for mutation before the not consider the application of the petitioner. Then, the petitioner made an application before the 2'^^ respondent. On receipt of the said application, the 2^^^ respondent issued proceeding dated 17.10.2024 respondent to conduct detailed enquiry and take immediate per the rules. But the 4*^^ respondent not implemented of the 2'^'^ respondent. Hence, the present Writ 4. Learned Government Pleader for the directing the 4 action as the directions Petition. respondents would submit that the application/representation submitted would be considered by the by the petitioner respondent authorities, within a reasonable time and the 4"' respondent herein is under the statutory obligation to consider the claim of the petitioner, in view of the 2""^ respondent’s proceedings dated 17.10.2024. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government the respondents and Pleader for on perusal of the material placed on record, this Court is of the considered view that the Writ Petition can be disposed more particularly respondent No.4 application/representation of the petitioner respondent’s proceedings and of directing the respondents herein to consider the with reference to the 2""^ pass 4 accordance with law, within a period of six(6) the date of receipt of copy of this Order, above direction, the Writ Petition is disposed of. appropriate orders in weeks from 6. With the There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// ■ftetr^FFI^ER SEC To, 1. The Principal Secretary, Revenue Department, State of Andhra Secretariat, Velagapudi, Amaravati, Pradesh, Secretariat Buildings, A.P. Guntur District. District Collector, Vizianagaram District. Divisional Officer, Vizianagaram District. 2. The 3. The Revenue 4. The Tahsildar, Kothavalasa Mandal, Vizianagaram District. 5 One CC to Sri A. K. Kishore Reddy, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 6. Two CCS to GP for Revenue, 7. Three CD Copies. ssb HIGH COURT DATED:05/02/2025 2 'i FEB 2025 ^ Current Seciion ^ ORDER 69i O WP.No.2684 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS