Andhra Pradesh High Court - Amravati
Ambati Anuradha vs The State Of Andhra Pradesh on 20 October, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO.34336 of 2022
Between:-
Ambati Anuradha ..... Petitioner
And
The State of Andhra Pradesh,
represented by its Principal Secretary,
Revenue Department, Secretariat,
Velagapudi, Guntur District & 3 others. ..... Respondents
Counsel for the Petitioner : Mr.V.CH.Naidu
Counsel for the Respondents : Learned Assistant Government Pleader
for Revenue
ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.
2. The present Writ Petition is filed seeking to declare the action of the respondents in entertaining the applications for mutations, in respect of the lands in Sy.Nos.517/1, Sy.No.517/8, Sy.No.522/16, Sy.No.522/17, Sy.No.522/27, Sy.No.523/3, Sy.No.524/1 and Sy.No.524/7, situated at Srungavarapukota Village and Mandal, Srungavarapukota District, in favour of third parties, without issuing notices to the petitioner and without following due process of Law as contemplated under Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, is illegal and arbitrary.
3. The learned counsel for the petitioner while referring to the averments made in the Writ Petition, inter alia, submits that the petitioner inherited certain extents of lands in the above mentioned survey numbers and when there is an attempt by the third parties to interfere with her peaceful possession, she filed O.S.No.243/2012 on the file of the Court of the Senior Civil Judge, Vizianagaram, Vizianagara District and the said suit is pending. He submits that recently the petitioner came to know that some third parties' names were entered in online records in respect of the lands in Sy.Nos.522/16 & 524/17. He submits that the 4th respondent had entered the names of third parties without issuing any notice to the petitioner and in such circumstances she got issued a legal notice to the 4th respondent not to entertain any applications/representations for mutation of the names of third parties in the online records, in respect of the subject matter lands. Despite the same, as it is learnt that the 4th respondent is entertaining the registration of documents, in respect of the subject matter lands, the petitioner is constrained to approach this Court.
4. The learned Assistant Government Pleader for Revenue on the other hand submits that the petitioner had approached this Court on mere apprehensions and the Writ Petition is misconceived. He submits that when an application is made seeking mutation of the names of the applicants in the revenue records, the concerned authority i.e., Tahsildar would follow the procedure as contemplated under Law i.e., Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. He submits that even in respect of the lands in question, if any application is made, the 4th respondent would adhere to the procedure as contemplated under the Act and the Rules thereof.
5. In view of the submissions made, this Court deems it appropriate to dispose of the Writ Petition, with a direction to the 4th respondent to strictly adhere to the provisions of the Act referred to above, in the event of any application for mutation in respect of the lands in question and give due opportunity/consider the objections of the petitioner, before taking any action.
6. With the above direction, this Writ Petition is disposed of. Therefore shall be no order as to costs.
As a sequel, all pending applications shall stand closed. There shall be no order as to costs.
___________________________ JUSTICE NINALA JAYASURYA Date: 20.10.2022 IS THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.34336 of 2022 Date: 20.10.2022 IS