P. RANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition has been filed for the following relief:

(2.) The case of the petitioner, in brief, is that , the 5threspondent is her father and she was given ancestral landed property in an extent of Ac.1-38 cents in Survey No.510-3 at Borrampalem village, T.Narsapuram Mandal, West Godavari District as Pasupu Kumkuma at the time of her marriage in the year 1993 under an unregistered gift deed dtd. 29/5/1993 and ever since the petitioner is in possession and enjoyment of the property, her name was entered in revenue records as possessor of the said property and she was also issued Pattadar Pass Book on 12/11/1998 by the Revenue authorities. It is the further case of the petitioner that, as the 5threspondent neglected the welfare of his wife and he started living with another woman, the petitioner filed a suit in O.S.No.98 of 2017 on the file of the learned Senior Civil Judge, Eluru for partition of the ancestral properties other than the subject matter of Pasupu Kumkuma, wherein the 5threspondent herein is arrayed as the 1st defendant. It is the further case of the petitioner that, due to the strained relations the 5threspondent along with others appears to have influenced 4threspondent-Tahsildar and thereby the 4threspondent-Tahsildar removed his signature in the digital adangal of the land given to the petitioner, though all the particulars of the subject land including the pattadar and possession column reflect the name of the petitioner. Since the digital signature of the 4threspondent in digital adangal was removed, the subject land with coconut trees is prone to theft of usufruct at the behest of the 5threspondent and the police are also not taking any action with regard to theft and illegal trespass on the ground that 4th respondent's digital signature is not there in digital adangal. The digital adangal dtd. 7/10/2014 with regard to the subject property bears the signature of the 4threspondent and subsequently the digital signature was removed. The provisions of A.P. Records of Rights and Pattadar Pass Book Act are applicable to the digital revenue records. The amendments to the revenue records cannot be made without issuing notice to the person whose name is found therein. Hence, the writ petition has been filed.

(3.) The 4threspondent-Tahsildar filed counter-affidavit admitting the possession and enjoyment of the petitioner over the subject land, issuance of Pattadar Pass Book and Title deed in favour of the petitioner and uploading of her name in online web-site of revenue records and contended that the petitioner filed partition suit vide O.S.No.98 of 2017 on the file of the Court of the learned Senior Civil Judge, Eluru and in view of pendency of the said suit, the 4threspondent has removed the digital signature informing the petitioner as well as the 5threspondent that it would be restored after disposal of the suit. Hence, prayed to dismiss the writ petition.