LAWS(APH)-2022-10-8

CHAVAKULA VENKATA SUBBARAJU Vs. STATE OF ANDHRA PRADESH

Decided On October 28, 2022
Chavakula Venkata Subbaraju Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Assailing the action of the 3rd respondent in illegally altering the adangal / pahani records of the property belonging to the petitioner admeasuring Ac.8-26 cents in Sy.No.26-1 of Tallavalasa Village, Bheemunipatnam Mandal, Visakhapatnam to Ac.7.70 cents and adding the deleted portion to the extent in favour of the 4th respondent, the present Writ Petition is filed.

(2.) Heard Sri N. Ashwani Kumar, learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondents 1 to 3 and Sri G. Rama Gopal, learned counsel for the 4th respondent.

(3.) Learned counsel for the petitioner argued the matter at length. It is his contention that the petitioner is the owner of Ac.8-26 cents of land situated in Sy.No.26-1 of Tallavalasa Village, Bheemunipatnam Mandal. He acquired the same under five separate registered sale deeds from his previous owners in the years 1989 and 1996. The property was recorded in the revenue records on 18/4/2018 and the adangal copies, which are filed as material papers. The entire extent of Ac.8.26 cents is thus recorded petitioner 's favour, as per him. Learned counsel for the petitioner also points out that in the copy of the No.3 adangal which is filed, the acquisition of the land in bits viz., Ac.2-00 cents, Ac.2-48 cents, Ac.3-30 cents, Ac.0-28 cents and Ac.0.20 cents is recorded. Subsequently, it is submitted that without notice to the petitioner Ac.0-56 cents was reduced from the petitioner 's extent of land noted and included in the extent belong to the unofficial respondent. This is visible from the adangal copy dtd. 6/10/2018. Learned counsel submits that this reduction in the petitioner 's extent and an addition to the unofficial respondent. Extent in the adangal copy dtd. 6/2/2018 is contrary to law, contrary to the process of the A.P. Record of Rights in Land and Pattadar Passbooks Act, 1971 (for short "the Act ") and also to the rules of natural justice. He relies upon the judgment of the learned single Judge of this Court reported in Velivela Sarojini v The State of Andhra Pradesh and Ors., Manu/AP/0812/2021. Basing on this judgment learned counsel argues that the writ petition and petitioner must be given an opportunity to present his case before any changes are made in entries in the revenue records.