Valaparla Vijay Kumar v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.31905 OF 2017 Dated:19.09.2017 Between:

Valaparla Vijay Kumar, S/o. Dasu @ Deva Dasu, aged 35 years, Occ: Cultivation, R/o.Rayapudi Village, Thulluru Mandal, Guntur District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, , Amaravathi and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.31905 OF 2017 ORDER:

Petitioner alleges that he is the owner of agricultural land admeasuring Ac.0.50 cents in Survey No.263/2 of Rayapudi Village, Thulluru Mandal, Guntur District, having got the same through registered gift deed dated 21.04.2016. He was issued pattadar passbook and title deeds and his name was also mutated in 1-B Register and Adangal. However, subsequently the name of the petitioner was changed and the name of the 5th respondent is incorporated in the place of the petitioner, based on a revocation deed dated 25.10.2016 cancelling the gift deed. Aggrieved thereby, petitioner instituted O.S.No.160 of 2017, which is pending in the Court of Principal Junior Civil Judge, Mangalagiri. 2.

For the present, petitioner is aggrieved by the change of his name in the revenue records without affording due opportunity to him. He earlier filed W.P.No.22806 of 2017 complaining similar grievance. This Court by order dated 11.07.2017 disposed of the said Writ Petition granting liberty to the petitioner to work out his remedies as available under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. 3.

After disposal of the said Writ Petition, petitioner submitted application in accordance with the procedure evolved for correction of his name in the revenue records and alleging inaction on the said application, he filed this Writ Petition.

4.

Having regard to the facts noted above, petitioner seeks leave of the Court to prefer appeal against the action of the Tahsildar, Thulluru Mandal, Guntur District, in altering the revenue records. 5.

The Writ Petition is accordingly disposed of granting liberty to the petitioner to file appeal before the appellate authority. It is needless to observe that the petitioner can raise all contentions as available in law, including the alleged illegal action of the Tahsildar in altering the revenue records once corrected without following due process and as and when such appeal filed, the appellate authority shall consider the same objectively by putting the aggrieved parties on notice and after affording due opportunity to them, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:19.09.2017 KH