K. Satyanarayana S/O Suryanarayana, v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 34757 of 2016 ORDER:

1) Heard learned counsel for the petitioner and Government Pleader for Revenue. There is no necessity to put the unofficial respondent on notice as this Court is not venturing to adjudicate the issue on merits.

2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents 2 and 3 in proposing to alter the entries in the revenue records by mutating the name of the 4th respondent without considering the objections of the petitioner, pending civil suits pertaining to the property admeasuring Ac.1.00 cents in Sy.No.368/ 1 of Peddevam Village, Tallapudi Mandal, West Godavari District, as arbitrary, illegal and contrary to law; and consequently direct the respondents not to alter the entries and names in the revenue records relating to the said property.

3) The only grievance of the petitioner is that though he filed objections to the petition filed by the 4th respondent seeking mutation in the revenue records, the respondent authorities may alter the entries in the revenue records without considering his objection. The same is disputed by the Government Pleader for Revenue stating that once objections are filed, the authorities shall decide the issue by taking into consideration all the objections raised and then pass orders in accordance with law.

4) A perusal of the material on record discloses that the 4th respondent herein made an application for mutation of her name in the revenue records. Pursuant to which the 3rd respondent issued notice dated 21.09.2016 calling for objections, if any, for mutation. On 09.10.2016 the petitioner herein submitted his objections. Having regard to the statement made by the learned Government Pleader, the third respondent shall pass orders on the application made by the 4th respondent after considering the objections submitted by the petitioner on 09.10.2016, in accordance with law, if not already passed.

5) With the above direction, the Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 17.10.2016 gkv