D.Kousalya v. Prl.Secy., Revenue Dept.,
THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.421 of 2018 ORDER:
The apprehension of the petitioners in this case was that the Tahsildar, Enkoor Mandal, Khammam District, would undertake amendment of the revenue records by deleting their names in relation to the lands set out in their writ prayer which are situated in Rayamadharam Village, Enkoor Mandal, Khammam District, at the behest of the fifth respondent herein.
Despite service of notice, the fifth respondent did not choose to enter appearance before this Court.
Though no counter-affidavit has been filed by the revenue authorities, this Court is of the opinion that there is no necessity to keep this writ petition pending for further adjudication. In the light of the law laid down by a Full Bench of the Andhra Pradesh High Court in CHI NNAM PANDURANGAM V/ S. MANDAL REVENUE OFFI CER, SERI LI NGAMPALLY MANDAL, RANGA REDDY DI STRI CT1 to the effect that the revenue authority must issue a notice in writing to all persons whose names are entered in the revenue records and who would be interested in and affected by any amendment thereto, it would not be open to the Tahsildar, Enkoor Mandal, Khammam District, to undertake amendment of the revenue entries without notice to the petitioners who claim that their names find a mention therein. The Tahsildar, Enkoor Mandal, Khammam District, shall therefore abide by the aforestated procedure in the event any occasion arises for him to undertake amendment of the revenue records in relation to the lands in question.
1 2007 (6) ALD 348 (FB)
Subject to the above observation, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
____________________ JUSTI CE SANJAY KUMAR Date:13.06.2019 GJ