Andhra Pradesh High Court

WP/31129/2024 of SINGAMANNENI ADILAKSHMAMMA Vs THE STATE OF ANDHRA PRADESH on 31 December 2024

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COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31129 OF 2024 Between: Singamanneni Adilakshmamma, W/o. G. Malakondaiah, Aged

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

:: AMARAVATI

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31129 OF 2024

Between:

Singamanneni Adilakshmamma, W/o. G. Malakondaiah, Aged[about][ 66]years, R/o. D. N0.9-4A, Pedairlapadu Village, Pedacheriopalie[Mandal,]Prakasam District.

...PETITIONER

AND

1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenueand Stamps and Registration Department, Secretariat,[Amaravati,]Guntur District, Andhra Pradesh.and Stamps and Registration Department, Secretariat,[Amaravati,]Guntur District, Andhra Pradesh.

2. The District Collector, Ongole, Prakasam District.

3. The Revenue Divisional Officer, Kanigiri Division,[Prakasam][ District.]

4. The Tahsildar, Pedacheriopalie Mandal, Prakasam[District.]

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ or Order or Direction, particularly[one]in thenature of Writ of Mandamus, declaring the action of[the 4th] respondent[ in]issuing endorsementinL.Dis No. 182/2022 dated 26.12.2023[rejecting]claimofpetitionerwithoutfollowingtheprocedureisitselfisillegal.

arbitrary and violations of Article14, 21and 300A and consequently setaside the same.

lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the endrosement issud by the 4th Respondent in L. DisNo. 182/2022 dated 26.12.2023 pending disposal of the above writ petition.

Counsel for the Petitioner(s): SRI. K SRINIVAS

Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE

The Court made the following: ORDER

APHC010594702024

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

[3329]

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

WRIT PETITION NO: 31129/2024

Between:

Singamanneni Adilakshmamma

...PETITIONER

AND

The State Of Andhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner;

1.KSRINIVAS

Counsel for the Respondent(S):

1.GP FOR REVENUE

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No. 31129 of 2024

This Court made the following

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ORDER:

ThisinstantWritPetitionisfiledunderArticle226oftheConstitution of India by the Petitioner for the following[relief:]

“.to issue a Writ or Order or Direction, particularly[one]in the nature ofWrit of Mandamus, declaring the action of the 4*'’ Respondent in issuingendorsement in L.Dis No. 182/2022, dated 26.12.2023 rejecting the claimof the Petitioner without following the procedure is itself is illegal, arbitraryand violations of Articles 14, 21 and 300-A of the Constitution of India andconsequently set aside the same and pass....”

2. The claim of the Petitioner is that the Petitioner is absolute ownerand possessor of the land in Survey No.21 admeasuring[to][ an][ extent][ of]Ac.24.24centssituatedatVepagumpalliVillage,Pedhacharlapall[i]Mandal, Prakasam District.The entire land was mutatedin her father’sname and thereafter in the name of her mother.After death of her motherthePetitionerhasbeenrequestingtheRespondentAuthoritiesformutation of the subject property in favour of the Petitioner.Finally thePetitioner submittedrepresentationon06.11.2023alongwithalltherelevant documents for mutation of her namein respect of the subjectproperty.Evenafter thereceiptof the sameby the VRO,withoutand possessor of the land in Survey No.21 admeasuring[to][ an][ extent][ of]Ac.24.24centssituatedatVepagumpalliVillage,Pedhacharlapall[i]Mandal, Prakasam District.The entire land was mutatedin her father’sname and thereafter in the name of her mother.After death of her motherthePetitionerhasbeenrequestingtheRespondentAuthoritiesformutation of the subject property in favour of the Petitioner.Finally thePetitioner submittedrepresentationon06.11.2023alongwithalltherelevant documents for mutation of her namein respect of the subjectproperty.Evenafter thereceiptof the sameby the VRO,without considering the same theRespondent issued endorsementdated26.12.2023 contrary to the facts and declaring that[the][ subject][ land]isclassified as “anadeenam” (means nobody is claiming[any][ rights][ over][ the]subject property). He further submits that the said[endorsement][ of][ the]Respondent is without considering the representation[along][ with][ relevant]documents as enclosures P1to P7 submitted by the Petitioner[and][ by]observing that thepetitioner notatall submitted[any][ documents,]iserroneous and liable to be set aside.

3. Ontheother hand,learned GovernmentPleaderfor Revenuesubmits that the representation of the Petitioner dated[06.11.2023][ along]with enclosures as mentioned above does not contain[the][ receipt][ whether]the same has forwarded or not.

4. Heard learned counsel for the Petitioner and learned[Government]Pleader for Revenue representing the Respondents and[perused][ the]material placed on record.

5. Havingregardto the submissions madeby boththelearnedcounsel, the endorsement in L.Dis No. 182/2022, dated[26.12.2023][ issued]4‘*'by the 4*^ Respondentis hereby set aside with a direction[to][ the]Respondentto consider therepresentationtobe submittedbythePetitioner in accordance with law and without going[into][ the][ merits][ of][ the]case, the Writ Petitionis disposed of directing the[Petitioner][ to][ submit]

A

whatever documents sheiIS relying for claiming her title over the subjectproperty along with detailed representation to the 4* Respondent within aperiod of three (3) weeks from the date of receipt of a copy of this orderand after such submission the 4*^Respondent is hereby directed toconsider the same andpass appropriate orders in accordance with lawwithin a period of two (2) months thereafter.No costs.

As a sequel, interlocutory applications if any pending, shall standclosed.

HIGH COURTTL

DATED:31/12/2024

ORDERANDH^rX21 JAN 2025miWP.No.31129 of 2024^Current Section DISPOSING OF THE WP WITHOUT COSTS

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