Guntupalli Satyanarayana v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.4537 of 2017 ORDER:

The case of the petitioners is that they are the sons and legal heirs of Late Narayana who died on 08-01-2002 and the father of the petitioners was original pattadar of lands admeasuring Ac.15-80 cents, Ac.2-03 cents, Ac.2-10 cents and Ac.1-43 cents situated in Sy.Nos 20/1, 20/2, 25 and 27 respectively of Kancheruvu Village of Varikuntapalem Mandal, SPSR Nellore District and they are in possession and enjoyment of their respective shares allotted in the partition. With oblique motive and malafide intention to grab the land to an extent of Ac.1-43 cents situated in Sy.No.27-1 of Kancheruvu Village, Varikuntapalem Mandal, the respondents 6 and 7 approached the respondents 4 and 5 by filing representation to mutate their names. But the respondents 4 and 5 are taking steps to change the entries made in favour of the petitioners without issuing notice to them. Aggrieved by the same, the present writ petition is filed.

Heard learned counsel for the petitioners.

Learned Assistant Government Pleader for Revenue submits that the writ petition is premature. As on today, no action has been taken.

It is to be seen that as on today, no orders are brought to my notice effecting mutation in favour of the respondents 6 and 7. If respondents 6 and 7 have already made applications and if the names of the petitioners are found in revenue

records, it goes without saying that concerned authority is obligated to issue notice to the persons whose names are recorded in revenue records before making changes. From the facts pleaded in the affidavit, the writ petition is premature one and accordingly, I do not see any reason to entertain the same. Subject to above observations, this writ petition is dismissed. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 09-02-2016 Nvl