SEELAM CHANDRA LEELA vs THE STATE OF AP

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.20209 of 2023 Between:- Smt.

Seelam Chandra Leela ….

Petitioner And The State of A.P., Rep. by its Prl.

Secretary, Revenue Department., & 5 others ….

Respondents Counsel for the Petitioner : M/s.

M.

Devi Prasad Counsel for Respondents 1 to 5 : G.P for Revenue Counsel for the Respondent 6 : ----- ORDER: Heard learned counsel for the petitioner.

Also heard learned Assistant Government Pleader for Revenue representing respondents 1 to 5.

With the consent of both sides, the Writ Petition is disposed of at the stage of admission.

Notice to the respondent No.6 is deemed not necessary, as the merits of the matter are not being dealt with.

2.

The writ petition is filed to declare the action of the respondents in taking steps to mutate the name of the 6th respondent in respect of the land to an extent of Ac.1.34 cents in R.S No.537/1 and to an extent of Ac.1.34 cents in R.S No.537/3 and an extent of 272 Sq.

Yrds. of site 2 together with tiled house in R.S.No.

572/2 bearing D.No.1201 of Chityala Village, Gopalapuram Mandal, East Godavari District., during the pendency of enquiry proceedings dated 17.04.2023 issued by the 2nd respondent and also during the pendency of the suit of Court of II Addl.

Junior Civil Judge., as illegal, etc., and for a direction to respondents not to mutate the name of the 6th respondent in respect of the subject matter properties.

3.

The learned counsel for the petitioner while referring to the averments made in the Writ Petition inter alia submits that the petitioner sent a legal notice dated 21.02.2023 to the Tahsildar and other authorities setting out all the aspects with regard to her claim in respect of the subject matter property and requested them not to mutate the name of the 6th respondent in the revenue records.

The learned counsel submits that pursuant to the said legal notice, the 2nd respondent issued a proceedings dated 17.04. ted 17.04.2023 with reference to the legal notice of the petitioner and requested the authorities concerned to enquire into the matter and take necessary action, but the respondent-authorities instead of enquiring the matter are taking steps to mutate the name of the 6th respondent in the revenue records.

He submits that in those circumstances, the 3 petitioner is constrained to approach this Court seeking appropriate directions.

4.

Considering the submissions made and perusing the material on record, this Court without going into the merits of the matter is inclined to dispose of the Writ Petition with a direction to the 4th respondent to take into consideration the objections of the petitioner submitted through legal notice dated 21.02.2023, in the event of entertaining any application for mutation in respect of the subject matter and take necessary action in terms of the PPB Act as amended by Act 15 of 2022(published in Andhra Pradesh Government Gazette dated 18.10.2022).

5.

The Writ Petition is accordingly, disposed of.

There shall be no order as to costs.

As a sequel, all pending applications shall stand closed. _____________________________ JUSTICE NINALA JAYASURYA Date: 09.08.2023 GVK 4 227 THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.20209 of 2023 Date: 09.08.2023 GVK