NUNE ATCHUTHA RAMAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- "To issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly the 4th respondent herein in mutating the name of the respondents no.5 to 12 in revenue records (Adangal, etc.) pertaining to the lands to an extent of Ac.23.90 cts, Ac.17.42 cts, Ac.3.07 cts, 6.64 cts, Ac.25.46 cts, 51.04 cts in S.No.210, 211, 212/1, 212/2, 213, 222 of Purushothapatnam Village, Seethanagaram Mandal, East Godavari District, contrary to the Civil Court decree in O.S.No.19/1988, dt.9/7/1991, is illegal, arbitrary, violative of Principles of Natural Justice, Contrary to the Provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and the rules made there under and Arts. 14, 21 and 300-A of the Constitution of India and consequently direct the respondent to delete the entries made in revenue records pertaining to the Survey number and extent stated supra and pass such other orders."

(2.) The present Writ Petition is filed aggrieved by the action of the respondents, more particularly, the 4threspondent in mutating the names of the respondents 5 to 12 in revenue records (Adangal, 1B, etc.) pertaining the lands to an extent of Acs.23.90 cents, Acs.17.42 cents, Acs.3.07 cents, Acs.6.64 cents, Acs.25.46 cents, Acs.51.04 cents in S.Nos.210, 211, 212/1, 212/2, 213, 222 of Purushothapatnam Village, Seethanagaram Mandal, East Godavari District, contrary to the Civil Court decree in O.S.No.19/1988, dt.9/7/1991, is being illegal, arbitrary, violative of principles of natural justice and contrary to the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter called, 'the Act, 1971), and the rules made thereunder.

(3.) The petitioners and unofficial respondents herein belong to two branches, i.e., Smt. Nune Mangayamma and Chundru Rudraiah and both the parties are absolute owners and possessors of land to an extent of land and the said land has been purchased by Chundru Rudraiah in a Court auction dtd. 22/2/1960 and the petitioners belong to Smt. Nune Mangayamma family. It is asserted in the affidavit filed in support of the Writ Petition that the land of Acs.800.00 cents is a zeroity lanka land situated in the erstwhile Zamindari Village, Ramachandrapuram, H/o. Purushothapatnam. The said land was gradually dwindled down to 289 acres due to submersion of land into river Godavari. One China Venkanna was the ryotwari pattadar under the Pithapuram Zamindar, an extent of Acs.110.00 cents was brought to sell and the same was purchased by Kumara Rajah of Pithapuram in the auction and the remaining extent of Acs.175.00 cents was in possession and enjoyment of the wife and children of Chinna Venkanna, who is ryotwari pattadar and as their family fell in the arrears of the rent to the land holders, the land was auctioned and the same was purchased by Teernati Subbanna, he in turn, sold the land to Komireddi Sreemalu, vide registered sale deed dtd. 23/12/1940, and he in turn, sold the same to his brother Komireddi Venkata Ratnam, vide registered sale deed dtd. 22/2/1945 and he mortgaged the land to Vaderevu Jogayyamma Educational Trust and the same was purchased by Chundru Rudraiah. Admittedly, Chundru Rudraiah and Nune Mangayamma are the share holders and Nune Mangayamma has executed a Will dtd. 2/4/1969 bequeathing her undivided share in the land to her husband-Nune Veerraju.