Petitioner challenged anticipated mutation of land record. Court held petition premature as no proceedings initiated. Directed notice and enquiry required before mutation.
Writ Petition and WPMP disposed of as premature/infructuous; direction to issue notice and hold enquiry before mutation.
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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY
W.P.No.14572 of 2013
Date : 10-12-2013
Between: Sivalenka Sasidhara Prasad .. Petitioner And The District Collector, Krishna District, Machilipatnam and others .. Respondents
Counsel for petitioner : Sri Sivalenka Ramachandra Prasad Counsel for respondent Nos.1 & 2 : Assistant Government Pleader
for Revenue
The Court made the following :
ORDER:
This Writ Petition is filed on the apprehension that respondent No.2 is likely to mutate the name of respondent No.4 in the record of rights in respect of Ac.3-00 of land in R.S.No.374/1 of South Valluru village, Thotlavalluru Mandal, Krishna District.
A perusal of the averments contained in the affidavit filed in support of the Writ Petition shows that the Writ Petition is based on the unfounded apprehension that respondent No.2 is likely to mutate the name of respondent No.4 in the record of rights in respect of the above mentioned land. On the petitioner’s own showing, so far, no proceedings have been initiated by respondent No.2. Unless such proceedings are initiated and a decision adverse to the interests of the petitioner is taken, no cause of action would arise for the petitioner to avail any legal remedy.
In this view of the matter, the Writ Petition is wholly premature and the same is dismissed as such. However, it is made clear that if respondent No.2 seeks to alter the record of rights, he shall issue notice to the petitioner and hold an enquiry before doing the same.
As a sequel to the disposal of the Writ Petition, WPMP No.17721 of 2013 filed for interim relief is disposed of as
infructuous.
Justice C.V. Nagarjuna Reddy
Date : 10-12-2013
AM
2 issues framed by the court
Whether a writ petition challenging potential mutation of land record without initiated proceedings is premature.
Whether notice must be issued before alteration of the record of rights.
Sivalenka Sasidhara Prasad
District Collector, Krishna District, Machilipatnam
others
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
