LAWS(APH)-2024-10-147

STATE OF ANDHRA PRADESH Vs. T. LAKSHMI THERESAMMA

Decided On October 16, 2024
STATE OF ANDHRA PRADESH Appellant
V/S
T. Lakshmi Theresamma Respondents

JUDGEMENT

(1.) The husband of the respondent, who had served in the Armed Forces between 1944 to 1961 is said to have been assigned land admeasuring Ac.4.59 cents in Sy.No.371/1 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District. The said survey number is said to have been carved out of Sy.No.314 of the said village.

(2.) Thereafter, the husband of the respondent had made multiple attempts to obtain mutation and passbooks. Apart from this, the husband of the respondent had also sought to sell away the land. As his applications for mutation and issuance of patta pass books were not being processed and as the sale deeds presented by the respondent were not being received by the registration authorities, the husband of the respondent had been approaching this Court, by way of various writ petitions including W.P.No.30568 of 2010, W.P.No.33225 of 2011 and W.P.No.24159 of 2016. In all these writ petitions, this Court had been directing the authorities to consider the case of the respondent for issuance of patta pass books as well as permission for sale of the property. As her husband had passed away, the petitoner, as his heir, has been pursuing the litigation.

(3.) The revenue authorities have, for various reasons, been rejecting the said applications filed by the respondent. In the circumstances, the respondent moved W.P.No.19878 of 2022 seeking a direction to the revenue authorities to set aside the latest endorsement dtd. 23/5/2022 rejecting the application of the respondent for issuance of an N.O.C for sale of the aforesaid land. A learned single judge of this Court, after hearing both sides had disposed of the writ petition, by way of an order dtd. 4/11/2024, set aside the earlier order of rejection dtd. 12/11/2021 with a further direction to the authorities to consider the request of the respondent for issuance of an N.O.C in accordance with the directions in W.P.No.24159 of 2016 as also the circular instructions dtd. 4/5/2022 issued by the Chief Commissioner of Land Administration, State of Andhra Pradesh, Mangalagiri, Guntur District.