Smt. Cherukuri Balamma Vs The State of Andhra Pradesh

¶1

APHC010223222025

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13104 OF 2025

¶7

Between;

¶8

Smt. Cherukuri Balamma, W/o. Cherukuri Pedda Veeraiah, aged about 64 years, R/o. H.No.6-4-472, Sundaraiah Colony, Gopavaram^{Maindal,Budvel,} YSR Kadapa District, A.P

¶9

...Petitioner

¶10

AND

¶11

The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department Secretariat Buildings Velagapudi Guntur^{DistrictAndhraPradesh}

¶12

The District Collector, YSR Kadapa District.

¶13

The Joint Collector, YSR Kadapa District.

¶14

The Revenue Divisional Officer, Badvel, YSR Kadapa^District.

¶15

The Tahsildar, B.Matam Village and Mandal, YSR Kadapa^District.

¶16

...Respondents

¶17

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 pass an order or direction more particularly^one in the nature of Writ of Mandamus declaring of the action of the Respondents^{fornotmutating} he name of the petitioner in the revenue records of^{thelandtoanextent} of Ac.4.50 cents in Sy.No 507, situated at Rekulakunta Village B.Matam Mandal, YSR District, as illegal and arbitrary and apart from being violation of the fundamental rights guaranteed under Articles 14,^19,21 and 300-A of the

¶18

V

¶19

Constitution of India and consequently direct the respondents^{toconsiderthe} proceeding issued by the respondent no.2, vide File^{No.REV-DSECOROR} (PPB)/ 15/2025 -JA- D2- ASST- DSEC- KDPCO, dated 03.04.2025^bytaking steps for mutation of my name in the revenue records.

¶20

lA NO: 1 OF 2025

¶21

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to issue a direction to the Respondents to^{mutatethenameofthe} petitioner in the revenue record for the land to an^{extentofAc.4.50centsin} Sy.No:507, situated at Rekulakunta Village,B.Matam^{Mandal,YSRDistrictin} terms of proceeding issued by the respondent no.2, vide File No.; REVDSECOROR (PPB)/ 15/2025 -JAD2ASSTDSECKDPCO, dated;03.04.2025.

¶22

Counsel for the Petitioner: SRI P RAVIKANTH

¶23

Counsel for the Respondents: GP FOR REVENUE

¶24

The Court made the following order:

¶25

[3329]

¶26

APHC010223222025

¶27

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶28

(Special Original Jurisdiction)

¶29

FRIDAY,THE ELEVENTHDAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶30

PRESENT

¶31

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶32

WRIT PETITION NO: 13104/2025

¶33

Between:

¶34

1.SMT. CHERUKURI BALAMMA, , W/0. CHERUKURI PEDDA VEERAIAH, AGED ABOUT 64 YEARS, R/0. H.NO.6-4-472, SUNDARAIAH COLONY, GOPAVARAM MAINDAL, BUDVEL, YSR KADAPA DISTRICT, A.P

¶35

...PETITIONER

¶36

AND

¶37

1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI GUNTUR DISTRICT ANDHRA PRADESH

¶38

2.THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT.

¶39

3.THE JOINT COLLECTOR, YSR KADAPA DISTRICT.

¶40

4.THE REVENUE DIVISIONAL OFFICER, BADVEL, YSR KADAPA DISTRICT.

¶41

5.THE TAHSILDAR, B.MATAM VILLAGE AND MANDAL, YSR KADAPA DISTRICT.

¶42

...RESPONDENT(S):

¶43

2

¶44

The Court made the following ORDER:

¶45

This writ petition is filed under Article 226 of the^{Constitutionofthe}

¶46

India seeking the following reliefs;-

¶47

“to may be pleased to pass an order or direction more particularly one in the nature of Writ of Mandamus declaring of the action of the Respondents for not mutating he name of the petitioner in the revenue records of the land to an extent of Ac.4.50 cents in Sy.No 507, situated at Rekulakunta Village B.Matam Mandal, YSR District, as illegal and arbitrary and apart from being violation of the fundamental rights guaranteed under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to consider the proceedings issued by the respondent no. 2, vide File No. REVDSECOROR (PPB)/ 15/2025 -JAD2- ASSTDSECKDPCO, dated 03.04.2025 by taking steps for mutation of my name in the revenue records and pass

¶48

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents.

¶49

The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring^toanextentof Ac.4.50 cents in Sy.No.507, situated at Rekulakunta Village, B. Matam Mandal, YSR District. The petitioner acquired the said land through her father, who had purchased it from his vendor under a registered sale deed executed in the year 1970. After the demise of the petitioner’s father, the petitioner, being his only daughter and legal heir,^{hasbeenincontinuous}

¶50

3

¶51

possession and enjoyment of the subject land. While things stood thus, the petitioner made several representations to the respondent authorities and also issued a legal notice to the 4th respondent, requesting for mutation of her name in the revenue records and for issuance of Pattadar Passbooks in her favour as the rightful owner and possessor of the subject land. Upon receipt of the legal notice, the 2nd respondent, vide letter dated 03.04.2025, addressed the 4*'^ respondent^{anddirectedhimto} conduct a detailed enquiry into the matter by duly following due procedure in vogue without any deviation, and to submit a report^{tothisofficeunder} intimation to the petitioner. However, even after receiving the said directions, the 4**^ respondent neither conducted any enquiry nor passed any orders or issued any proceedings till date. Hence, the present writ petition. 4. The learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that the 4‘^ respondent^{willconsidertheclaim} of the petitioner pursuant to the proceedings issued by the 2 nd respondent, dated 03.04.2025, and pass appropriate^{ordersinaccordance} with law within a reasonable time. 5. Having regard to the submissions made by the learned^counselfor the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of the^{materialavailableon} record, this court is of the considered view that the present writ petition can be disposed of by directing the 4*'^ respondent^{toconsidertheclaimof}

¶52

4

¶53

the petitioner requesting for mutation of her name^{intorevenuerecords} and for issuance of the pattadar passbooks and title deeds in respect of the subject land with reference to the proceedings issued by the 2 nd respondent i.e., District Collector, and pass an appropriate^orderunder section 5 of The Andhra Pradesh Rights in Land and^{PattadarPassbooks} Act, 1971, within a period of three (03) months from the date of receipt of the copy of this order after providing an opportunity of all the parties concerned.

¶54