BONTHU SUBRAHMANYAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is questioning a notice issued by the 4th respondent - the Tahsildar, Chodavaram Mandal, Visakhapatnam District in Rc.No.36/2020/MS dated 18.02.2020 being illegal, arbitrary and contrary to Rule 3 of Andhra Pradesh Splitting up of Joint Pattas Rules, 1965 and to issue a writ in the nature of Mandamus there for.

(2.) Survey No.308/1 of Chodavaram village consists of Ac.4.94 cents. Ac.3.00 out of it was purchased as alleged, by Smt.S.Bhulakshmi, Smt.B.Naga Padmavathi and Smt.Pothala Sathyavathi together under sale deeds dated 19.12.1990 and 12.12.1990 from the President, Chodavaram Premasamajam of Ac.1.00 each. Total extent purchased by all the three of them is stated to be Ac.3.00 from the same vendors (two documents of afore stated dates alone are produced in this writ petition as a part of material papers). The petitioner purchased Ac.1.00 out of it under a registered sale deed dated 27.06.1994 from Smt.S.Bhulakshmi and another Ac.1.00 under another registered sale deed dated 20.05.1995 from Smt.B.Naga Padmavathi. In this sale deed dated 20.05.1995, there is a reference that Smt.Pothala Satyavathi, viz. the 6th respondent herein had also sold Ac.1.00 to the petitioner. Thus, the petitioner is claiming that he is in possession and enjoyment of Ac.3.00 in Sy.No.308/1 of Chodavaram village.

(3.) Smt.Pothala Satyavathi, viz. the 6th respondent herein filed Writ Petition No.4728 of 2017 to direct the Revenue Divisional Officer, Anakapalli and the Tahsildar, Chodavaram to survey this land in Sy.No.308/1, while also questioning the endorsement dated 17.01.2017 of the Tahsildar, Chodavaram Mandal rejecting his request. This writ petition was disposed of by an order dated 10.12.2019. The operative portion therein reads as under: