Andhra Pradesh High Court - Amravati
Smt. Reshma, vs The State Of Andhra Pradesh, on 15 October, 2020
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.18761 OF 2020
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the 4th respondent herein in not considering the representation of the petitioner dated 30.09.2020 for entering her name in the Form I-B ROR record and in the Pattadar Adangal/Pahani copy in respect of lands to an extent of Ac.1.30 cents in Sy.No.93/9, an extent of Ac.0.47 cents in Sy.No.94/5 and an extent of Ac.0.90 cents in Sy.No.93/4 all situated in Bondalagunta Village, Ramakuppam Mandal, Chittoor District by deleting the name of the 5th respondent herein, as highly illegal, arbitrary and unconstitutional being violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the official respondents herein to mutate the name of the petitioner."
2. The case of the petitioner in brief is that she is landless poor woman belongs to minority community. The 4th respondent issued DKT patta in favour of the mother-in-law of the petitioner for the land to an extent of Ac.0.47 cents in Sy.No.94/5, Ac.0.90 cents in Sy.No.93/4 and Ac.1.30 cents in Sy.No.93/9 situated at Bondalagunta Village, Ramakuppam Mandal, Chittoor District. The name of the mother-in-law of this petitioner entered into Form I-B ROR and in the pattadar adangal and pahani as pattadar and possessor of all the three different extents of the land stated above and she used to cultivate the land through her husband during her life time. The in-laws of the petitioner died intestate MSM,J WP_18761_2020 2 leaving the petitioner and her husband as their surviving legal heirs. After the demise of the mother-in-law of this petitioner, the respondents are issued DKT patta in favour of this petitioner. The respondent authorities have also issued pattadar passbook in favour of the petitioner for the above said land. She is in possession and enjoyment of the said land without any hindrance from anybody. The petitioner also reaped the benefits of Rhythu Bharosa Scheme introduced by the Government to the farmers. The petitioner also availed crop loan from Saptagiri Grameena Bank and repaid the entire loan. The petitioner also obtained loan subsidy for the year 2015-2016 from the Government and the subsidy amount was credited to her bank account. After grant of DKT patta in her favour, she requested to mutate her name but the respondent authorities not entered her name in the ROR record and the pattadar adangal, for the reasons best known to them. The petitioner came to know about the altering of the web land revenue records and the petitioner found that the revenue authorities mutated the name of the 5th respondent without the knowledge of the petitioner and without issuing notice to her. The 4th respondent is interfering with the peaceful possession and enjoyment of the petitioner in respect of the DKT patta land granted in her favour.
3. As the 4th respondent did not respondent to the oral request, the petitioner submitted a representation dated 30.09.2020 to the 4th respondent for mutation of her name in the relevant revenue record but no action was taken so far and therefore requested to issue a direction as stated supra.
MSM,J WP_18761_2020 3
4. During hearing learned counsel for the petitioner reiterating the averments made in the petition while drawing the attention of this Court number of documents produced along with this petition to establish that the petitioner is in possession and enjoyment of the property and whereas the learned Assistant Government Pleader for Revenue submitted that there is a dispute with regard to the succession of property by the petitioner and the 5th respondent as such issue cannot be decided either by Tahsildar or by this Court while exercising the power under Article 226 of the Constitution of India. However, on receipt of representation, the 4th respondent herein advised the petitioner to approach appropriate authority under the Act, and finally requested this Court to dismiss the petition.
5. As seen from the material available on record including the allegations made in the petition, originally the land was assigned to the mother-in-law of this petitioner, who died on 26-12-2019, subsequently, the successors will inherit the property as per Muslim law but for one reason or the other the pattadar passbook was issued in favour of this petitioner, assigned an extent of Ac.1.77 cents in Survey No.93/9, 94/5 of Bondalagunta Village, Ramakuppam Mandal, Chittoor District. Unless the patta granted in favour of the mother-in-law of this petitioner is cancelled, question of granting patta for the same land in favour of this petitioner after the death of the mother-in-law of the petitioner does not arise. Therefore, it creates any amount of suspicion. In that view of the matter, the petitioner made a representation to MSM,J WP_18761_2020 4 the 4th respondent, dated 30.09.2020 and it is pending for consideration before the 4th respondent. In view of the controversies in the petition, more particularly, regarding succession of property and grant of assignment in favour of the petitioner afresh after the death of the mother-in-law of this petitioner is not proper to decide by this Court such disputed question of fact, leaving it open to the petitioner to raise the same before appropriate Court. However, the 4th respondent is directed to dispose of the representation, dated 30.09.2020, within three (3) weeks from today, in accordance with law and pass appropriate order and the petitioner if aggrieved by any such order she may redress grievance in proper direction.
6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall also stand closed.
_______________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 15.10.2020 SPR MSM,J WP_18761_2020 5 THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION NO.18761 OF 2020 Date: 15.10.2020 SPR