S.Janakamma, v. The State Of Andhra Pradesh Rep., By Its Principal Secretary

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2087 OF 2017 ORDER:

The case of the petitioner is that she is the owner of the land admeasuring Ac.7.54 cents in Survey No.551, situated at Kuderu Villge and Mandal, Anantapur District, having inherited the said land through her husband after his death and has been in possession and enjoyment of the said land without any interruption. Her name is also mutated in the revenue records and the 2nd respondent issued pattadar pass books and title deeds in favour of the petitioner. While so, when one S.Dharmalingaiah tried to interfere with the petitioner's possession, petitioner filed a suit in OS.No.164 of 2015 and also obtained ad-interim injunction in IA.No.453 of 2015. While the things stood thus, when the 3rd respondent herein approached the 2nd respondent for mutation of the subject land in his favour, petitioner issued legal notice to the 2nd respondent. But, without considering the same the 2nd respondent is trying to consider the application of 3rd respondent. Aggrieved by the same, present writ petition is filed.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Revenue submits that since civil litigation is pending in respect of the

subject land, the respondent authorities have not taken any action on the application of the 3rd respondent. Since application of the 3rd respondent is pending and since it is stated that the petitioner has already filed objections, it is for the 2nd respondent to consider the said objections and pass orders. In view of the same, the writ petition is disposed of directing the 2nd respondent to consider the objections of the petitioner before taking any action on the application of the 3rd respondent. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 30.01.2017 tk