Mrs. Boosireddy Lakshmi, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.19036 of 2016 ORDER :

The Writ Petition is filed seeking to issue a writ, order, or direction, more particularly one in the nature of writ of Mandamus under Article 226 of the Constitution of India declaring the action of the respondent No.4 by not receiving the representation and mutating the lands to an extent of Ac.4.00 cents out of Ac.4.23 cents, Ac.0.44 1⁄4 cents and Ac.0.9 1⁄2 cents in division No.13/1, 12/2, 12/1, 10, 11 respectively situated at Tadikonda Village and Mandal of Guntur Disrict on petitioners' family members names in the revenue records is illegal, arbitrary and violation of Articles 14, 19, and 21 of the Constitution of India and also against the principles of natural justice and consequently direct the respondent No.4 to receive and consider petitioners' representation, dated 18-04-2016 for mutating the lands to an extent of Ac.4.00 cents out of Ac.4.23 cents, Ac.0.44 1⁄2 cents and Ac.0.9 1⁄2 cents in division No.13/1, 12/2, 12/1, 10, 11 respectively at Tadikonda Village & Mandal of Guntur District.

Heard the learned counsel for petitioners and the learned Assistant Government Pleader for Revenue appearing for Respondent Nos.1 to 4 and Sri S.Satyanarayana Murthy, learned counsel, appearing for Respondent Nos.5 to 7. The learned Assistant Government Pleader for Revenue

produced written instructions dated 22-06-2016 stating that petitioners have not produced any documentary evidence. It is also sated that there are disputes among the petitioners and respondent Nos.5 to 10 regarding partition of lands and until their rights are settled by competent civil court, they are not entitled to get their names mutated in the village revenue accounts.

Sri S.Satyanarayana Murthy, learned counsel appearing for Respondent Nos.5 to 7, submits that petitioners are claiming the subject property based on Will Deed, dated 23-05-1923 and at this point of time, petitioners' application cannot be considered. It is also stated that proper application is also not made by petitioners under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 The written instructions produced by learned Assistant Government Pleader goes to show that petitioners have not produced any evidence to prove their rights. In view of the same, no relief can be granted to petitioners. However, as stated in the written instructions, petitioners can make further applications in proper format with relevant documentary evidences in support of their claim. If any such application is made, the competent authority shall dispose of the same in accordance with law after issuing notice to all the affected parties.

Accordingly, the Writ Petition is disposed of. No order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of.

__________________________ A. RAJASHEKER REDDY, J.

Date: 28.07.2016 skmr