J Padmaja vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Ninala Jayasurya
Case Status:Disposed
Order Date:25 Sept 2023
CNR:APHC010482242023

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Order Issued After Hearing

Purpose:

Admission (Revenue)

Before:

Hon'ble Ninala Jayasurya

Listed On:

25 Sept 2023

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Order Text

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

MONDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 25091 OF 2023

Between:

J Padmaja, W/o. J. Vidya Sagar, D/o. Late. B. Nagaraju, Aged about 36 years, Occ. Housewife, R/ o. H.No.12-3-4, Harijanapeta, Thimmapuram Village, Kakinada Rural Mandal. Kakinada District.

...Petitioner

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravathi,
    1. The District Collector, Kakinada District.
    1. The Tahsildar, Thimmapuram Village, Kakinada Rural Mandal, Kakinada 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 order, writ or direction, more particularly, in the nature of Writ of Mandamus declaring the action of the $3<sup>rd</sup>$ respondent in not considering the application of the petitioner dated 19-03-2021 for mutation of her name in respect of land in Sy.No.190/1C admeasuring Ac.1-00 gts situated at Thimmapuram Village, Kakinada Rurál Mandal of Erstwhile East Godavari District and presently of Kakinada District as illegal, arbitrary and unconstitutional and consequently to direct the $3<sup>rd</sup>$ respondent to pass orders in the representation dated 19-03-2021 expeditiously.

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 $3<sup>rd</sup>$ respondent to enter the name of the petitioner as pattadar in respect of land in Sy.No.190/1C admeasuring Ac.1-00 gts situated at Thimmapuram Village, Kakinada Rural Mandal of Erstwhile East Godavari District and presently of Kakinada District pending disposal of the above writ petition.

Counsel for the Petitioner: SRI RAMAKRISHNA

Counsel for the Respondents: GP FOR REVENUE

The Court made the following: order

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.25091 OF 2023

Between:

J.Padmaja, W/o.J.Vidya Sagar

and

... Petitioner

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, and others

... Respondents

Counsel for petitioner Mr.Ramakrishna K

Counsel for respondents: The G.P. for Revenue

ORDER:

Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. With their consent, the writ petition is being disposed of, at the stage of admission.

$2.$ The writ petition is filed aggrieved by the inaction of the $\mathbf{3}^{\text{rd}}$ respondent in considering the petitioner's application dated 19.3.2021 for mutation of her name in the Revenue Records.

  1. Learned counsel for the petitioner, inter alia, submits assigned the land of an extent of Ac. 1.00 in Survey No. 190/IC- of Thimmapuram Village, Kakinada Rural Mandal and his Records. B.Nagaraju was recorded in the Revenue Records and in his favour. petitioner made an application on 19.3.2021 to the ■ respondent seeking mutation of her name in the Revenue Records in respect of the above extent of land.. He submits that though more than 2V^ years have elapsed, no action has been taken by the 3'^d respondent and therefore the petitioner is constrained to approach this Court seeking the reliefs sought for. Learned counsel submits that after the death of petitioner's parents, being the only daughter, the He submits that after the death of petitioner's grandfather. Pattadar Pass Book and Title Deed (PPB/TDs) were issued name was recorded in the Revenue the name of the petitioner's father one that the petitioner's grandfather one B.Apparao was

  2. Learned Assistant Government Pleader for Revenue, on the other hand, contends that the petitioner had not

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made any application as per the procedure through online and as seen from Ex.P.l dated 19.3.2021, it is only a representation made to the 3*-d respondent and therefore, the same., cannot be considered. He also submits that if the petitioner makes appropriate application through the concerned Grama Sachivalayam, necessary action would be initiated by the 3>'<sup>d</sup> respondent.

  1. In the light of the above submissions, this Court, instead of keeping the writ petition pending, deems it appropriate to dispose of the same, leaving it open to the petitioner to make online application seeking mutation of her name in the Revenue Records and issuance of the necessaiy action, in accordance with the provisions of the amended by Act 15 of 2022 (published in the A.P. Gazette the date of receipt of the application. on 18.10.2022), and the relevant Rules as expeditiously as possible, at any rate, within a period of four (4) weeks from A.P. Rights in Land and Pattadar Pass Books Act, 1971, as PPB/TDs in respect of the subject matter land. On receipt of such application, the respondent shall take

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  1. As a sequel, miscellaneous petitions pending, if any, shall stand closed. With the above direction, the writ petition is disposed of. No order as to costs.

SD/- K. TATA RAO DEPUTY REGISTRAR

//TRUE COPY//

XSEC^&'^CER

i

  • 1. Andhra Pradesh,
    1. The District Collector, Kakinada District.
  • Rural Mandal. Kakinada
  • 'enue. High Court of Andhra Pradesh. [OUT]

To.

I

SK

* * HIGH COURT

DATED:25/09/2023

ORDER

WP.No.25091 of 2023

DISPOSING OF THE WP WITHOUT COSTS