BASIREDDY RUKMINAMMA Vs. JOINT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed for a mandamus to set aside the order in R.Dis.No.E2/1114/2010, dated 17.11.2012 of respondent No.1.

(2.) The dispute in the writ petition pertains to Ac.1.90 cents of land in Survey No.264/1 of Kothapalli Village, Proddatur Mandal, Kadapa District. It is the case of the petitioner that one Basireddy Dasi Reddy had four sons i.e., Basireddy Pedda Venkata Reddy, Basireddy Linga Reddy alias Ganda Reddy, Basireddy Chinna Linga Reddy and Basireddy Chinna Venkata Reddy alias Gullabbi; that Basireddy Pedda Venkata Reddy, the father-in-law of the petitioner, has got the property in Survey Nos.264 and 265 and he has two sons i.e., Basireddy Ramana Reddy, the husband of the petitioner, and Basireddy Subba Reddy, who died without marriage and that the husband of the petitioner died on 09.08.1996 and ever since then, the petitioner is in possession and enjoyment of the properties in Survey Nos.264 and 265 admeasuring Acs.9.17 cents, which belonged to Basireddy Linga Reddy. The petitioner further pleaded that Basireddy Dasi Reddy, grandfather of the petitioner's husband, purchased the property in Survey No.264/1 on behalf of Basireddy Linga Reddy and pattadar pass book and revenue records stood in the name of Basireddy Dasi Reddy and that after his death, the pattadar pass book and revenue records stood transferred in the name of Basireddy Pedda Venkata Reddy, father-in-law of the petitioner. It is the further case of the petitioner that Basireddy Linga Reddy executed registered Will on 07.08.1965 in favour of Basireddy Pedda Venkata Reddy in respect of Acs.1.80 cents in Survey No.264/1 and after the death of the testator and the legatee, the property devolved upon the petitioner's husband, who died on 09.08.1996, and since then the petitioner has been in possession and enjoyment of the property. The petitioner further pleaded that on her approaching respondent No.3, he has issued pattadar pass book and title deed in her favour on 13.01.2001.

(3.) According to the petitioner, respondent No.4 has initially filed an application before respondent No.3 for rectification of the entries in the record of rights and later he has filed a revision petition before respondent No.1 purportedly under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act'). Respondent No.1 entertained the revision petition and passed the impugned order. Respondent Nos.5 to 22, who claim to have purchased the house plots from respondent No.4 got themselves impleaded in the revision petition.