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2026 DAILYLAW 24372 (AP)

PALETI GIRIJAMMA v. THE STATE OF ANDHRA PRADESH

WP/25309/2023 · 2026-02-24

Tarlada Rajasekhar Rao

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Judgment text

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APHC010490992023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25309/2023 Between: 1. PALETI GIRIJAMMA, W/O. RAVINDRANATH REDDY, RIO. REVURU VILLAGE, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT. 5. P ANU RAGHAVA REDDY S/O P SRINIVASULU REDDY, AGED ABOUT 22 YEARS, R/O REVURU VILLAGE AND POST, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT. 6. P ANUPAMA REDDY S/O P SRINIVASULU REDDY, AGED ABOUT 18 YEARS, R/O REVURU VILLAGE AND POST, ANANTHASAGARAM MANDAL, SPSR NELLORE DISTRICT. 2 7. B RAGHAVENDRA REDDY S/O LATE SUNDARA RAMI REDDY, AGED 59 YEARS, R/O D.NO.3-131, BSR HOUSE, BSR LINE, JR PETA, ATMAKURU TOWN, SPSR NELLORE DISTRICT. RR 5 TO 7 ARE IMPLEADED AS PER THE COURT'S ORDER DT.23.04.2025 IN I.A.NO. 02 OF 2023. ...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 to issue any appropriate Writ, Order or direction, preferably a Writ in the nature of Writ of Mandamus declaring the action of the Respondents in not mutating name of the Petitioner in the revenue records and also not issuing the pattadar pass book to the land to an extent of Ac.2-80 cents in Sy.No.678/1 of Revuru Village, Ananthasagaram Mandal, SPSR Nellore District as illegal, arbitrary and consequently direct the Respondents to mutate name of the petitioner in the revenue records to the land to an extent of Ac.2- 80 cents in Sy.No.678/1 of Revuru Village, Ananthasagaram Mandal, SPSR Nellore District and to pass IA NO: 1 OF 2023 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 to mutate the name of the petitioner in the revenue records to the land to an extent of Ac.2-80 cents in Sy.No.678/1 of Revuru Village, Ananthasagaram Mandal, SPSR Nellore District and lo pass IA NO: 2 OF 2023 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 implead un-official respondents (1) P.Anu Raghava Reddy, S/o. P.Srinivasulu Reddy, Aged 22 years, R/o. Revuru Village and Post, Ananthasagaram Mandal, SPSR Nellore District, (2) P.Anupama Reddy, Sio. P.Srinivasulu Reddy, Aged 18 years, R/o. Revuru Village and Post, Ananthasagaram Mandal, SPSR Nellore District and (3) B.Raghavendra Reddy, S/o. late Sundara Rami Reddy, Aged 59 years, R/o. D.No.3-131, BSR House, BSR Line, JR Peta, Atmakuru Town, SPSR Nellore District as Respondent Nos. 5 to 7 in the above Writ Petition and pass IA NO: 1 OF 2026 3 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 may be pleased to vacate the interim order dated 03.12.2025 in W.P.No.25309 of 2023 and pass Counsel for the Petitioner: 1. T BALAJI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V VINOD K REDDY The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25309 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue any appropriate Writ, Order or direction, preferably a Writ in the nature of Writ of Mandamus declaring the action of the Respondents in not mutating name of the Petitioner in the revenue records and also not issuing the pattadar pass book to the land to an extent of Ac.2-80 cents in Sy.No.678/1 of Revuru Village, Ananthasagaram Mandal, SPSR Nellore District as illegal, arbitrary and consequently direct the Respondents to mutate name of the petitioner in the revenue records to the land to an extent of Ac.2-80 cents in Sy.No.678/1 of Revuru Village, Ananthasagaram Mandal, SPSR Nellore District and to pass such other order or orders…” 2. Heard Sri T.Balaji, learned counsel for petitioner and learned Government Pleader for respondent Nos.1 to 4 and Sri V.Vinod K Reddy for respondent Nos.5 to 7. 3. The petitioner herein made an application to the 3rd respondent to mutate the petitioner’s name for the land admeasuring Ac.2.80 cents in Sy.No.678/1, Revuru Village, Ananthasagaram Mandal, SPSR Nellore District, and to issue pattadar passbooks. The 3rd respondent, after issuing notice to the affected parties, passed an order vide endorsement dated 23.08.2023 directing the parties to approach the Civil Court, as there is a civil dispute in between the petitioner and the unofficial respondents. Assailing the said endorsement present writ petition is filed on the ground that the unofficial 5 respondents are having land in Sy.No.678 and the petitioner is having land in Sy.No.678/1. 4. The unofficial respondent filed counter-affidavit and asserted that Sri P.Sethuraghava Reddy executed a registered settlement deed dated 28.04.1982, transferring an extent of Ac.5.00 cents in favour of the writ petitioner and thereafter, the writ petitioner herself alienated the said property in parts by executing registered sale deeds. It is further asserted that the remaining extent of Ac.0.66 Cents of P.Sethuragahava Reddy, was succeeded by his younger son Mr.P.Srinivasulu Reddy out of family partition. Thereafter, the writ petitioner sold an extent of Ac.3.00 cents in Sy.No.678, in favour of Sri P.Srinivasula Reddy i.e., the brother-in-law of writ petitioner and the father of Respondent Nos.5 & 6 herein, by virtue of registered sale deed Document No.394 of 1988 dated 20.04.1988. It is further asserted that though the writ petitioner sold the land which is situated in Sy.No.678/1 admeasuring Ac.3.00 Cents in favour of Sri P.Srinivasula Reddy, inadvertently it was mentioned as Sy.No.678 in the sale deed. It is stated that the writ petitioner has sold the land in piecemeal to the unofficial respondents and their family. Later, the revenue authorities have mutated or recorded their names and the writ petitioner falsely claims right over the property and vehemently opposes the contention of the writ petitioner stating that the writ petitioner does not have any land in Sy.No.678 and the land acquired by her from her father-in- law and the land sold by her in favour of Sri P.Srinivasula Reddy is situated in 6 Sy.No.678/1. Therefore, since Sy.No.678 is not in existence, the name of Sri P.Srinivasula Reddy is mutated in revenue records and he was issued Pattadar Passbooks and Title Deed with respect to the land admeasuring Ac.3.66 Cents in Sy.No.678/1. 5. It is settled law the mutation in the revenue record does not confer or decide any right or title over the property between the parties, furthermore mutation proceedings are always subject to declaration of rights which may be sought by the parties concerned by instituting a regular suit. 6. On perusal of the material available on record it appears that there is a civil dispute in between the petitioner and unofficial respondents. This Court is not inclined to adjudicate all those issues under Article 226 of the Constitution of India and the same required evidence and trial. Hence, I see no merit in the writ petition. 7. Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to approach Civil Court for her rights. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 25.02.2026 KBN 7 146 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25309 of 2023 Date: 25.02.2026 Date: 25.02.2026 KBN