CHAVARAJESWARARAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the inaction on the part of 4th respondent in not conducting enquiry on the representation dated 10.6.2019 submitted by the petitioner for rectification of entry and for mutation of name of his mother in adangals and other revenue records in respect of land admeasuring Ac.1.90cents in R.S.No.167-1C of Utukuru Village, Gampalagudem Mandal as arbitrary and consequently direct the 4th respondent to conduct enquiry and dispose of the representation in accordance with law.

(2.) Heard the learned counsel appearing for the petitioner and learned Assistant Government Pleader appearing for the respondents.

(3.) As per the averments made in the affidavit, the grand father of the petitioner by name late Chava Seshaiah had four sons. Late Chava Chava Seshaiah and his four sons were having ancestral agriculture land admeasuring Ac.5.38cents in R.S.No.167 of Utukuru Village, Gampalagudem Mandal. They got partitioned the said extent of Ac.5.38cents orally in the year 1961 and in the said partition Chava Seshaiah was allotted Ac.0.98cents. After death of the grandfather of the petitioner, the land of Ac.0.98cents was allotted to Chinna Veerabhadraiah. Subsequently, father of the petitioner by name Peda Veerabhadraiah purchased the said extent of Ac.0.98cents from Chinna Veerabhadraiah on 20.4.1989 under a written agreement of sale and on the same day delivered possession of the said extent of land to him. Thus the father of petitioner possessed Ac.0.98cents and Ac.0.95cents (which was inherited through oral partition) i.e. total Ac.1.93cents in R.S.No.167 of Utukuru Village. Subsequently the said Survey number was subdivided as R.S.No.167-1C was assigned to the said extent of land. After demise of father of the petitioner, said extent of Ac.1.93cents in R.S.No.167-1C devolved on the petitioner, his mother and brothers and they are all in joint possession and enjoyment of the said extent of land. Though the petitioner was in possession of the total extent of Ac.1.93cents in R.S.No.167-1C, only Ac.1.90cents was mutated in the adangals in the name of the father of the petitioner. After demise of the father of the petitioner, the petitioner requested the 4th respondent several times to rectify the extent of the land as well as mutate the name of the petitioner's mother in revenue records and to issue pattadar pass book. Finally he has made an application on 10.6.2019 for the said purpose. Despite requests made by the petitioner, the respondents have not acted upon the said application. Hence the writ petition.