M Devamma vs. The State Of Andhra Pradesh
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Subba Reddy Satti
Listed On:
22 Apr 2024
Original Order Copy
Get a certified copy of this order
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:
- 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
-
- The State Of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secrateriat, Velagapudi, Amaravathi, Guntur District.
-
- The District Collector, Kurnool District
-
- The Revenue Divisional Officer, Kurnool Mandal and District.
-
- The Tahsildar, Kurnool Rural Mandal, Kurnool District
-
- 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
-
Heard Sri Shafath Ahmed Khan, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondents <sup>1</sup> to 4.
-
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
-
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>
- 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.
-
d^e CC to SRI. Shafath Ahmed Khan, Advocate [OPUC]
-
Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
-
Three CD Copies
'ti-.
PAL CRIMINAL SEC.
HIGH COURT DATED:22/04/2024
ORDER
WP.No.8673 of 2024