Dismissed

Reddi Uma Rani v. the State of Andhra Pradesh

Andhra Pradesh HC30 Oct 2023WP/28372/2023

Case brief

AI extract

What is this about?

This digestible order sets aside the petitioner's writ petition seeking mandamus for mutation of revenue records. The court, noting a five-year lapse, refused immediate relief. Instead, it granted liberty to file a fresh application and directed authorities to dispose of it within thirty days.

What did the court decide?

Petitioner allowed liberty to make a fresh application; authorities directed to dispose within 30 days.

Reddi Uma Rani Vs the State of… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH ;: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY. THE THIRTIETH DAY OF OCTOBER

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TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 28372 OF 2023

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Between:

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Reddi Uma Rani, W/o. Radha Krishna, Aged about 50 years, Occ: Business, R/o.8 Kay St,, Jericho, NYI 1753, USA Rep, by her GPA Holder Dasari Simhachalam, S/o. Late Appalanaidu, Aged about 68 years, Occ, Retd,, Teacher, R/o. D.No.5-20-A, Saikrishna Nagar, Palakonda Road, Rajam Town and Mandal, Vizianagaram District-532127.

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...PETITIONER

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AND

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The State of Andhra Pradesh, rep.,by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District,

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2, The District Collector, Vizayanagaram District,

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3, The Revenue Divisional Officer, Vizayanagaram Revenue Division Vizayanagaram District,

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The Tahsildar, Vepadu Mandal, Vizayanagaram 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Inaction on part of the respondent No,4 in considering the Form-VI-A application, dated 20.04.2019 which is registered as application No.RMU011902084696 for mutation of the revenue records and issuance of the E-Pattadar Pass Book-cum-Title Deed in favour of the petitioner for the land in an extent of Ac.0,85 cents in Sy.No.19-1, Ac.0.25 cents in Sy.No.19-1, Ac,080 cents in Sy.No.19-4, Ac.0.58 cents in Sy,No.19- 5. Ac,0,20 cents in Sy,No.19-6, Ac.0.68 cents in Sy.No.20-1, Ac.0.03 cents in Sy.No,20-2, Ac. 1.68 cents in Sy.No.23-8, Ac. 0.06 cents in Sy.No,23-14, Ac.0.06 cents in Sy,No,23-20, Ac,0.14 cents in Sy,No.24-5, Ac.0.20 cents in Sy,No.43-5 and Ac.0.37 cents in Sy.No.43-7 Veeluparthi Village fields, Vepadu Mandal, Vizayanagaram District, as arbitrary, illegal and abdication of the

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statutory duty cast on him and also the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to mutate the revenue records and issue E-Pattadar Pass Book-cum-Title Deed in favour of the petitioner for the land in an extent of Ac.0.85 cents in Sy.No.19-1, Ac.0.25 cents in Sy,No.19-1, Ac.080 cents in Sy.No.19-4, Ac.0.58 cents in Sy.No.19-5, Ac.0,20 cents in Sy.No.19-6, Ac.0.68 cents in Sy.No.20-1, Ac.0.03 cents in Sy.No.20-2, Ac. 1.68 cents in Sy.No.23-8. Ac. 0.06 cents in Sy.No.23-14, Ac.0.06 cents in Sy.No.23-20, Ac,0.14 cents in Sy.No.24-5, Ac,0.20 cents in Sy.No,43-5 and Ac.0,37 cents in Sy.No.43-7 Viluparthi Village fields, Vepadu. Mandal. Vizayanagaram District.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent No,4 to consider the Form-VI-A application, dated 20.04.2019 which is registered as application No.RMUOl 1902084696. pending disposal of the above Writ Petition.

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Counsel for the Petitioner : SRI V. R. REDDY KOVVURI

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO,28372 OF 2023

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ORDER;

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondent No.4 in considering the Form-VI-A application, dated 20.04.2019 which is registered as application No.RMUO11902084696 for mutation of the Revenue records and issuance of the E- Pattadar Pass Book-cum-Title Deed in favour of the petitionerfor the land in an extent of Ac. 0.85 cents in Sy.No.19-1, Ac.0.25 cents in Sy.No. 191, Ac.080 cents in Sy. No. 194 Ac. 0.58 cents in Sy.No. 19-5, Ac.0.20 cents in Sy.No. 19-6, Ac.0.68 cents in Sy.No.20-1, Ac.0.03 cents in Sy.No. 20-2, Ac. 1.68 cents in Sy.No.23-8, Ac.0.06 cents in Sy.No.23-14, Ac. 0.06 cents in Sy.No.23-20, Ac. 0.14 cents in Sy.No.24-5, Ac.0.20 cents in Sy.No.43-5 and Ac.0.37 cents in Sy.No.43-7 Veeluparthi Village fields, Vepadu Mandal, Vizayanagaram District, as arbitrary, illegal and abdication of the statutory duty cast on him and also the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner

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RC, J W.P.No.2S372of2023

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under Articles 14,19 and 21 of the Constitution of India and consequently direct the respondent No. 4 to mutate the revenue records and issue E-Pattadar Pass Book-cum-Title Deed in favour of the petitioner for the land in an extent of Ac.0.85 cents in Sy.No. 19-1, Ac.0.25 cents in Sy.No.19-1, Ac.080 cents in Sy.No.19-4, Ac.0.58 cents in Sy.No.19-5, Ac.0.20 cents in Sy.No.19-6, Ac.0.68 cents in Sy.No.20-1, Ac.0.03 cents in Sy.No.20-2, Ac.1.68 cents in Sy.No.23-8, Ac.0.06 cents in Sy.No.2314, Ac.0.06 cents in Sy.No.23-20, Ac.0.14 cents in Sy.No.24-5, Ac.0.20 cents in Sy.No.43-5 and Ac.0.37 cents in Sy.No 43-7 Viluparthi Village fields, Vepadu Mandal, Vizayanagaram District and pass...,^

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2. The short grievance of the petitioner in the present Writ Petition is that, the 4th respondent is not considering the Form-VI-A application, dated 20.04.2019 which is registered as application No.RMUOl 1902084696 for mutation of the Revenue records and issuance of the E-Pattadar Pass Book cum-Title Deed in favour of the petitioner for the subject lands situated in Viluparthi Village fields, Vepadu Mandal, Vizayanagaram District. 3. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and Sri Rizwan Ali, learned Assistant Government Pleader for Revenue appearing for respondents.

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3 RC, J W.P,No.28372of2Q23

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Sri V.R. Reddy Kowuri, learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, the petitioner herein made an application in the year 2019 for mutation of her name in the Revenue records with regard to the subject property. So far, they have not acted upon. as such, prayed to pass appropriate orders in that regard.

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On the other hand, Sri Rizwan Ali, learned Assistant Government Pleader for Revenue, submitted that, the said application is purported to have been made in the year 2019 and as of now nearly five years have lapsed. Hence, at this length of time, the petitioner cannot ask for any relief and this Court cannot entertain the same, as such, prayed to dismiss the Writ Petition.

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6, To the said submission, the learned counsel for the petitioner requested to give a liberty to the petitioner to make a fresh representation/application and a direction may be given to the authorities to consider the same and pass orders by fixing a time frame.

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Perused the material available on record.

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Taking into consideration the submissions of learned counsel for both parties, the representation/application made

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4 RC, J W.P.No.28372of2()23

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by the petitioner on 20.04.2019 and by now substantial time had lapsed. Though the petitioner can make application even without granting any liberty, however, this Court is inclined to dispose of the Writ Petition with the consent of both the learned counsel by passing the following order:

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The petitioner is at liberty to make a fresh application in accordance with law to the authority concerned and on such application, the authority concerned is hereby directed to consider and dispose of the same in accordance with law within a period of thirty days from the date of receipt of their representation/application and communicate the same to the petitioner.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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Consequently, miscellaneous petitions, pending if any,

shall stand closed.

SD/- K. TATA RAO

DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District

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The District Collector. Vizayanagaram District.

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The Revenue Divisional Officer, Vizayanagaram Revenue Division Vizayanagaram District.

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The Tahsildar, Vepadu Mandal, Vizayanagaram District. 5 One CC to Sri V. R. Reddy Kovvuri, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

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Three C.D. Copies Cnr

44-

HIGH COURT

DATED:30/10/2023

ORDER

WP.No.28372 of 2023

2 1 NUV 2323 a
. Current Section ,u

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DISPOSING OF THE W.P. WITHOUT COSTS

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Reddi Uma Rani v. the State of Andhra Pradesh

Case brief

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Reddi Uma Rani v. the State of Andhra Pradesh

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