Harijana Muniswamy, v. The State of Andhra Pradesh
WP/18051/2026 · 2026-07-19
B S Bhanumathi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6979 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6979 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010337482026
IN THE HIGH COURT OF ANDHRA PRADESH Monday, the Twentieth day of July, Two Thousand and Twenty Six The Honourable Ms. Writ Petition No.18051 of Between:
1. Harijana Muniswamy, S/o occupation : cultivation, District, Andhra Pradesh. 1. The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati
2. The District Collector, Kurnool District
3. The Revenue Divisional Officer, Pattikonda, Kurnool District
4. The Tahsildar, Aspari Mandal, Aspar
518347. Counsel for the petitioner: Varupula Sesha Kumari Counsel for the respondents: Government Pleader for Revenue
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Twentieth day of July, Two Thousand and Twenty Six Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.18051 of 2026
1. Harijana Muniswamy, S/o. Late Linganna, aged about 66 years, cultivation, R/o. Turavagallu Village, Aspari Mandal, Kurnool District, Andhra Pradesh. ...Petitioner and
1. The State of Andhra Pradesh, represented by Principal Revenue Department, Secretariat, Velagapudi, Amaravati, 522237. 2. The District Collector, Kurnool District, Andhra Pradesh, 518001. 3. The Revenue Divisional Officer, Pattikonda, Kurnool District, 518380. 4. The Tahsildar, Aspari Mandal, Aspari, Kurnool District, Andhra Pradesh ...Respondents etitioner: arupula Sesha Kumari espondents: overnment Pleader for Revenue IN THE HIGH COURT OF ANDHRA PRADESH
Monday, the Twentieth day of July, Two Thousand and Twenty Six Late Linganna, aged about 66 years, Turavagallu Village, Aspari Mandal, Kurnool ...Petitioner Principal Secretary,
522237. 518001. 518380. i, Kurnool District, Andhra Pradesh, ...Respondents
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The Court made the following Order: This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents, particularly the respondent No.4, in not considering the petitioner’s application dated 11.10.2023 and application in Form 6A, dated 06.04.2026 for mutation of the petitioner’s name in revenue records in respect of the land to an extent of Ac.7.08 cents in Survey No.118/2 of Yatakallu village, Aspari mandal, Kurnool district.
This is inspite of decree in favour of petitioner in O.S. No. 44 of 2014; dated 25.08.2023 and directions of the respondent No.3 vide L.Dis.131/2024, dated 28.02.2024 and also the legal notice dated 5.1.2026 as highly illegal, arbitrary and violative of Article 14, 19 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 consequently direct the respondents Nos. 1 and 3, through the respondent No.4, to amend and update the record of rights in respect of the above referred land as per Section 5 of Act 26 of 1971 and pass such other order or orders as this Court deems fit in the interest of justice. 02. The case of the petitioner, stated briefly, is as follows:-
Originally, late Harijana Cheviti Ramana, paternal grandfather of the petitioner, was the owner of the subject land. He has two sons, namely Linganna @ Lingappa and Nagappa. The petitioner is the son of Linganna @ Lingappa. After the death of Cheviti Ramana, his sons got Ac. 3.54 cents each. Nagappa died leaving behind him, his wife Smt.Nagamma. She also died issueless. Thus, the petitioner became the owner of the entire property of Ac. 7.08 cents. K.Raju, claiming to be son of Nagamma’s sister’s daughter started claiming this property and got his name mutated in
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revenue records with false documents, in collusion with the revenue authorities. Then, he started interfering with the possession and enjoyment of the petitioner over the subject land. The petitioner filed a suit in O.S. No. 44 of 2014 on the file of the Court of Junior Civil Judge, Alur against K.Raju for permanent injunction. The suit was decreed on 25.08.2023. The then Tahsildar issued a notice on 02.11.2023 directing the petitioner to appear before him on 03.11.2023 for enquiry, but the enquiry was not held and issued 2nd notice vide R.C.B.236 / 2023, dated 23.11.2023 for enquiry. Accordingly, the petitioner appeared for enquiry on 30.11.2023 but, thereafter no step has been taken to conduct further enquiry. Meanwhile, the defendant preferred an appeal in A.S.No.52 of 2023 before the Court of II-Additional District Judge, Kurnool at Adoni. No stay was granted by dismissing the application on 20.08.2024 in I.A. No. 514 of 2023 filed in the appeal seeking stay of the judgment and the decree in O.S. No.44 of 2024.
Aggrieved by the inaction of the respondent No.4 on the application of the petitioner dated 11.10.2023, the petitioner approached the respondent No.3, who inturn directed the respondent No.4 to enquire into the matter and implement the order of the Court vide L.Dis.131 / 2024 dated 28.02.2024, yet there is no response from the respondents. Even under these circumstances, the respondent No.4 did not take action on the application of the petitioner dated 11.10.2023. Therefore, the petitioner got issued a legal notice dated 05.01.2026 to the respondents Nos.3 and 4 but in vain. The petitioner submitted another application in Form 6-A on
06.04.2026. Even then, there is no action on the application of the petitioner. Hence, this writ petition was filed. 03. The learned Assistant Government Pleader for Revenue placed on record a copy of written instructions of the respondent No.4 vide Rc.B.No. 565 / 2026, dated.03.07.2026 stating that at present also the petitioner is in possession and enjoyment of the subject land and the title dispute is still continuing between the petitioner and Harijana Rajanna son of Pullanna
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and therefore, the petitioner has to file a suit for declaration of title before the competent Civil Court under Section 8(2) of the Andhra Pradesh Rights in Land and Pattadar Pass books Act, 1971. 04. Upon hearing both the sides, the writ petition is disposed of directing the respondent No.4 to pass an order on merits on consideration of the
submissions of the petitioner and the documents, if any filed, besides the
order of any Court and further action suggested by the respondent No.3. The order shall be passed within three (03) weeks from the date of receipt of the copy of this order.
There shall be no order as to costs.
Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________ ___ JUSTICE B.S. BHANUMATHI Date: 20.07.2026 GRL
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196
THE HONOURABLE MS JUSTICE B.S.BHANUMATHI
WRIT PETITION NO:18051 of 2026
20.07.2026 GRL
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