Dismissed

E Narsimhappa v. State of Ap

Andhra Pradesh HC5 Sept 2023WP/1456/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging mutations of land titles issued online to third parties. Rejecting the petition for non-disclosure of true facts regarding competing titles and pending civil litigation, the Court dismissed the writ and directed the parties to utilize the statutory appeal or revision mechanisms. No order as to costs.

What did the court decide?

The writ petition is disposed of. Liberty is granted to petitioners to approach the authority under Section 5(A) or 6(A) of the Act seeking relief.

E Narsimhappa Vs State of Ap — Landlord and Tenant | Andhra Pradesh HC (2023)

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

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

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 1456 OF 2021

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Between:

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E Narsimhappa, S/o. Late Earappa, Hindu, Aged about 38 years, Occ. Cultivation, Rio. Mopurugundu Gudibanda Mandal, Ananthapuram District.

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Kristappa, S/o. Late Earappa, Hindu, Aged about 36 years, Occ. Cultivation, Rio. Mopurugundu Village, Gudibanda Mandal, Ananthapuram District.

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...PETITIONER(S)

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AND

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State of AP, Rep. by the Principal Secretary, Revenue Department Secretariat Buildings, Amaravathi, Guntur District.

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The District Collector, Ananthapuram District, Ananthapuram.

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The Mandal Revenue Officer, Gudibanda Mandal, Gudibanda, Ananthapuram District.

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..RESPONDENTS

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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 a writ order or direction more particularly one in the in the nature of Writ of Mandamus declaring the action of the 3`d respondent the petitioners without cancelling the pattadar pass book or issuing notice by mutating the petitioner's land in the name of the 3 parties in Sy.No.180 an extent of Ac, 8-12 cents and Sy.No.190/2 an extent of Ac. 4-02 cents situated at Mopurugundu through online is arbitrary and unsustainable. Consequently by cancelling the pattadar pass books in the name Narasimhappa S/o Lingappa Mudappa S/o. G. Lingappa and Deveraju S/o. Lingappa in Sy.No.180 and 191/2 and issue pattadar pass books in favor of petitioners as per their entitlement.

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IA NO: 1 OF 2021

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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 2nd respondent to consider and disposal of the Representation 03.04.2018, pending disposal of the above writ petition.

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IA NO: 2 OF 2021

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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 implead the proposed respondents no.4, 5 and 6 in the said writ petition in WP. 1456/2021 and IAs.

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Counsel for the Petitioner(s): Smt. A PAD MA

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Counsel for the Respondents 1 to 3 : GP FOR REVENUE

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.1456 OF 2021

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E.Narsimhappa, S/o Late Earappa, Hindu, Aged about 38 years, Occ: Cultivation, R/o. Mopurugundu Village, Gudibanda Mandal, Ananthapuram District and another

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Petitioners

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Versus

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The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravati, Guntur District and two (2) others.

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Respondents

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Counsels for the petitioners : Smt Akella Padma Counsel for respondents : GP for Revenue

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ORDER:

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The writ petition is filed, under Article 226 of the constitution of India, to declare the action of the^3rd respondent in mutating the names^infavourof L.Devaraju, S/o G.Lingappa, Narasimhappa, S/o Lingappa, Mudappa, S/o G.Linganna, without cancelling the^pattadar pass book

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Page 2 of 8

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SRS, J W. P. No. 1456/2021

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or issuing notice to the petitioners, in respect of land of an extent of Ac.8.12 cents in Sy.No.180 and an extent of Ac.4.02 cents in Sy.No.190/2 of Mopurugundu Village through online, as illegal and arbitrary.

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In the affidavit, it was contended inter alia that one Gurukari Chigadasappa gari Lingappa is the original pattadar in respect of Ac.8.12 cents in Sy.No.180 and Ac.4.02 cents in Sy.No.192/2. The pattadar is none other than the maternal grandfather. Petitioners inherited the property by way of succession. 3rd respondent issued pattadar pass book, by updating records like 1-B (RoR) and Adangal, to the petitioners after the demise of their grandfather.

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(a) 3rd respondent through online mutated an extent of Ac.8.12 cents in Sy.No.180 and Ac.4.02 cents in Sy.No.192/2 in the name of one L. Devaraju, S / o G. Lingappa; Narasimhappa, S/o Lingappa, Mudappa, S/o G.Lingappa without following the procedure. Petitioners on coming to know about the mutation requested the 3rd respondent to delete and cancel the entries. 3rd respondent without issuing

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Page 3 of 8

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SRS, J W.P.No.1456/2021

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notice mutated the petitioners' land in favour of third parties. Hence, the above writ petition is filed.

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3rd respondent filed counter-affidavit. It was contended inter alia that as per the settlement register of Gudibanda Village, an extent of Ac.8.12 cents in Sy.No.180 and Ac.4.02 cents in Sy. No.192/2 is classified as I. D and stands in the name of `Chigadasannagari Linga' vide Diglot Patta No.267. The Diglot pattadar died leaving behind two sons namely Lingappa and Nallingappa and they also died. Lingappa blessed with two sons namely Dasappa-died leaving behind his two sons namely Sanna Lingappa and Eerappa and they died. Sanna Lingappa blessed with three daughters namely Ningamma, Rangamma and Rathnamma. Eerappa, the second son of Dasappa died leaving behind the writ petitioners herein as his legal heirs.

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(a) The other branch i.e. the 2nd son Nallingappa blessed with four Cnr1 C namely Panrlla T.inc7anna fl-llrilzari Lingappa, Nallingappa and Pathanna. As per the registered document dated 28.03.1961, Lingappa, Eerappa, sons of Gurukaru Dasappa sold land to an extent of Ac.8.12 cents in

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Page 4 of 8

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SRS, J W. P. No.1456/2021

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Sy.No.180 of Gudibanda Village to Lingappa, S/o Gurukaru Nalla Ningappa. Ryotwari Patta No.1422/R.P.25, dated 18.10.1960 was issued to Gurikaru Lingappa in respect of Ac.8.12 cents in Sy.No.180 and Ac.4.02 cents in Sy.No.191/2 by the Special Deputy Tahsildar, Inams, Hindupur under Section 4 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short "the Act").

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(b) Lingappa, S/o Gurukaru Nalla Ningappa blessed with five sons. Pattadar pass books, title deed was issued to the surviving family members. The passbook holders are not third parties. Pass books and title deeds were issued to different persons as mentioned in the counter. Those particulars were mentioned in Para 8 of the counter-affidavit.

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(c) Writ petitioners filed suit O.S.No.36 of 2017 on the file of the Junior Civil Judge, Madakasira against Devaraju and 18 others claiming right over Ac.8.12 cents in Sy.No.180 and Ac.4.02 cents in Sy.No.191-2. Writ petitioners submitted a petition in "Meekosam Prajaa Samasyala Parishkara Vedika" programme on 23.04.2018 to cancel the pattadar

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Page S of 8

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SRS, J W.P.No.1456/2021

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pass books issued to Narasimhappa, S/o G.Lingappa, Yadappa, S/o G.Linganna and Devaraju, S/o. G.Lingappa and the said petition is not disposed of, in view of the pendency of the suit before the competent civil Court.

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Heard Ms.Lakshmi Priyanvita, learned counsel representing Smt. Akella Padma, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

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Learned counsel for the petitioner reiterated the contentions as per the averments made in the affidavit. Learned Assistant Government Pleader for Revenue would submit that the petitioners approached the Court without disclosing true facts.

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As seen from paragraph 8 of the counter-affidavit, it discloses that pattadar pass books and title deeds were issued in favour of different persons in respect of land in Sy.Nos.180 and 191/2. Sy.No.180 was sub divided into Sy. Nos.180-A, 180-B, 180-C, 180-D and 180-E and

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Page 6 of 8

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SRS,1 W. P.N0.1456/2021

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Sy.No.191-2 was sub divided as 191-2A1, 191-2A2, 191-2B, 191-2C, 191-2D and 191-2E.

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Section 5 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 was substituted by Act 4 of 2022 on 01.01.2022. As per the amended provision, against the amendment of Record of Rights under Sections 5(1) and 5(2a), an appeal would lie to District Revenue Officer within a period of thirty (30) days from the date of receipt of the order and the Appellate authority shall dispose the appeal preferably not later than six (6) months from the date of filing of such appeal.

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In respect of pattadar pass book and title deeds, Section 6(A) of the Act (which was incorporated by way of amendment i.e., with effect from 29.07.2021) delineates the procedure.

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Since the Record of Rights were already updated and pattadar pass books and title deeds were issued to persons mentioned in the counter affidavit, petitioners have to file appeal or revision before appropriate authority. Hence writ

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Page 7 of 8

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SRS, J W.P.No.1456/2021

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petition is disposed of giving liberty to the petitioners to approach the authority either under Section 5(A) or 6(A) of the Act seeking appropriate relief.

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With the above observation, this Writ Petition is

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disposed of. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

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Sd/- K.^{KASIRAO ACHARI} ASSISTANT REGISRAR

c9 -

/!TRUE COPY//

SECTION OFFICER

To, 1. The^{Principal Secretary, Revenue Department, State of AP, Secretariat} Buildings,^{Amaravathi, Guntur District.}

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1. The District^{Collector, Ananthapuram District, Ananthapuram.} 3. The^{Mandal Revenue Officer, Gudibanda Mandal, Gudibanda, Ananthapuram} District.

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One CC to^{SMT. A PADMA Advocate [OPUC]} 5. Two CCs to^{GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]}

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Three CD^Copies

Madhu

HIGH COURT

DATED:05/09/2023

ORDER

WP.No.1456 of 2021

ul'IUx

DISPOSING THE WP WITHOUT COSTS

E Narsimhappa v. State of Ap

Case brief

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E Narsimhappa v. State of Ap

Case brief

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