M Devamma vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Dismissed
Order Date:22 Apr 2024
CNR:APHC010169172024

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Subba Reddy Satti

Listed On:

22 Apr 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

. MONDAY, THE TWENTY SECOND DAY OF APRIL ' TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 8673 OF 2024

Between:

  1. M Devamma, W/o Late M. Bhaskar Aged about <sup>50</sup> years, Occ Agriculture, Nandanpalli Village, Bhopalnagar, Kurnool Rural Mandal, Kurnool District.

...PETITIONER

AND

    1. The State Of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secrateriat, Velagapudi, Amaravathi, Guntur District.
    1. The District Collector, Kurnool District
    1. The Revenue Divisional Officer, Kurnool Mandal and District.
    1. The Tahsildar, Kurnool Rural Mandal, Kurnool District
    1. M. Jeelani Basha, S/o Md. Anwar, Aged about <sup>56</sup> years, Occ Business, R/o 46-1-MM/22b, Joharapuram Village, Kurnool Rural Mandal, Kurnool 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 an appropriate Writ, order or direction, more in the

nature of Writ of Mandamus, declaring the inaction of the Respondents 2 to <sup>4</sup> in not delating the name of the 5th respondent from the Revenue records and also not cancelling the Patta Pass book of the 5th respondent in the land Sy.No.722/1 to an extent of Ac.4.09 cents situated at Rudravaram Village, Kurnool Rural Mandal, Kurnool District mutating the petitioner as possessor is arbitrary, illegal and in violation of provisions of Pattadar Passbook Act and Rules, Articles 14 and 300-A of the constitution of India and principles of natural justice and consequently direct the respondents 2 to <sup>4</sup> to mutate the name of the petitioner by deleting the name of the 5th respondent from the Revenue records and also to cancel the patta pass book issued in the name 5th respondent in the land Sy.No.722/1 to an extent of Ac.4.09 cents situated at Rudravaram Village, Kurnool Rural Mandal, Kurnool District in the interest of justice.

lA NO: <sup>1</sup> OF 2024

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass interim direction to the respondents <sup>3</sup> and <sup>4</sup> from considering the complaint dated 20.11.2023 of the petitioner submitted to respondents <sup>2</sup> to <sup>4</sup> in respect of land Sy.No.722/1 to an extent of Ac.4.09 cents situated at Rudravaram Village, Kurnool Rural Mandal, Kurnool District to delete the name of the 5 th respondent from the revenue record and to cancel the pattadar passbook from the name of the 5 th respondent forthwith, pending disposal of the above Writ Petition.

Counsel for the Petitioner: SRI. SHAFATH AHMED KHAN

Counsel for the Respondent Nos. <sup>1</sup> to <sup>4</sup> : GP FOR REVENUE

Counsel for the Respondent No. 5 : None appeared

The Court made the following Order:

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.8673 of 2024

M.Devamma, W/o late M.Bhaskar, aged about 50 years, Occ: Agriculture, Nandanpalli village, Bhopalnagar, Kurnool Rural Mandal, Kurnool District.

... Petitioner.

Versus

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District and four others.

... Respondents.

Counsel<br>the<br>petitioner<br>for:Ahmed<br>Khan<br>Shafath<br>Sri
Counsel<br>respondents<br>4<br>for<br>1 to:GP<br>Revenue<br>for

ORDER

The Writ Petition is filed to declare the inaction of respondents 2 to 4 in deleting the name of 5'^ respondent from th the revenue records and canceling the pattadar passbook of 5 respondent for an extent of Ac.4.09 cents in S.No.722/1 of ) Rucfj'avaram village, Kurnool Rural Mandal, Kurnool District and to mutate the name of petitioner, as illegal and arbitrary.

1

  1. Heard Sri Shafath Ahmed Khan, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondents <sup>1</sup> to 4.

  2. When the matter was listed on 16.04.2024, learned Assistant Government Pleader for Revenue produced the endorsement issued by the 4 Rc.B. 18/2024 dated 01.04.2024. A copy of the endorsement is also handed over to learned counsel for petitioner today in the Court. th respondent-Tahsildar vide

  3. As seen from the endorsement, pursuant to Spandana complaint made by the petitioner on 09.11.2023, an enquiry was conducted, and the Tahsildar issued endorsement on 01.04.2024. th In view of the endorsement dated 01.04.2024 issued by the 4 respondent-Tahsildar, the prayer sought for in the writ petition is misconceived and hence, it is liable to be dismissed. At this juncture, learned counsel for the petitioner sought leave to challenge the endorsement.

J

k: Page <sup>3</sup> of <sup>3</sup>

SRSJ WP No.8673 of <sup>2024</sup>

  1. Accordingly, the Writ Petition is dismissed giving liberty to th the petitioner to challenge the endorsement issued by 4 respondent-Tahsildar, if he is aggrieved. No costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- E. KAMESWARA RAO

JOINT REGISTRAR

<sup>f</sup> //TRUE COPY//

SECTION OFFICER

To,

I

\ \ 1. The.Principal Secretary, Revenue Department, State Of Andhra Pradesh, Secrateriat, Velagapudi, Amaravathi, Guntur District.

  1. d^e CC to SRI. Shafath Ahmed Khan, Advocate [OPUC]

  2. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]

  3. Three CD Copies

'ti-.

PAL CRIMINAL SEC.

HIGH COURT DATED:22/04/2024

ORDER

WP.No.8673 of 2024

DISMISSING THE W.P. WITHOUT COSTS

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Case History of Orders

Order(2) - 22 Apr 2024

Final Order

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Order(3) - 22 Apr 2024

Final Order

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Order(1) - 16 Apr 2024

Interim Order

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