✦ Andhra Pradesh High Court · 27 Feb 1956

M. Hari Prasad & Anr. v. The District Collector & Ors.

Case Details Andhra Pradesh High Court · 27 Feb 1956
Court
Andhra Pradesh High Court
Decided
27 Feb 1956
Length
1,379 words

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20.04.2026. Yet, there is no response. Hence, this writ petition was filed.

3. The learned Assistant Government Pleader for Revenue placed on record a copy of written instructions of the respondent No. 3 vide Rc. No. B / 719 / 2026, dated 20.07.2026, wherein it is mentioned as below: “It is submitted that one Sri M.Hari Prasad S/o M.Chandrayudu of Raninagar, Anantapur has submitted a representation to the then Tahsildar, Rapthadu, wherein he claimed to delete the present entries in Sy. No. 5-3, extent 13.64 acres of Gangulakunta village, and mutate the said land in his favour. Sri M.Hari Prasad made the 3 W.P.No.13641 of 2026 said claim based on an unregistered sale agreement, dated

29.10.1986, executed by one Sri late Badwelu Ashwarthappa, in favour of Sri Manlukose Ramappa, i.e., grandfather of the present petitioner. The applicant Sri M.Hari Prasad also furnished a copy of the orders issued by 'Additional Subordinate Judge, Anantapur' in O.S. No.314 / 1993, dated 15.06.1995. In the reference 2nd cited above, the said applicant Sri M. Hari Prasad S/o. M.Chandrayudu has filed a petition in Hon'ble High Court of Andhra Pradesh, Amaravati, wherein he claimed that the Tahsildar did not initiate any action to mutate the land in Sy. No. 5- 3, extent 13.64 acres in his favour. In this connection, I submit the Hon'ble Court the context of the case, the comprehensive set of events which took place over the subject land, and reasons for not considering the claim of the petitioner Sri M.Hari Prasad to mutate Sy No 5-3, extent 13.64 acres in his favour. It is submitted that Gangulakunta Village is a Shrotriyum village. As per FLR of Gangulakunta Village, Sy.No. 5-3, extent 13.64 acres stands registered in the name of Sri Gavvala Malleshu. It is submitted that Resurvey in Gangulakunta has come into implementation, and the present Adangal record with respect to Sy. No.5-3 (in terms of LP nos) is as follows: LP No. Sl. No.

2. Affiliat- Khata Name of Extent Sy.no. No. pattadar

2.22 79 5-3 205 G.Mallikarjuna S/o. Malleshu 80 5-3 207 G.Chinna

0.3 Mallikarjuna S/o. Malleshu 4 W.P.No.13641 of 2026

3. 81 5-3 207 G.Chinna

2.21 Mallikarjuna S/o. Malleshu

4. 82 5-3 203 C.Venkataram

3.43 S/o. C.Ujjaiah

6. 83 5-3 204 C.Obulesu

3.43 S/o. Ujjinaiah 522 5-3 206 Parandhama

2.21 S/o. Mallesu Total extent

13.80 Now, the claim of the applicant is to delete all the above pattadars in Webland, and mutate the above lands in his favour. It is submitted that I have verified the documentary evidences and physical possession of present pattadars mentioned above, and it is observed that the present pattadars have adequate and relevant documentary evidences with respect to the above lands. The sequence of transactions through which the present applicants acquired their respective lands is as follows: ➤ It is submitted that the original shrotriyumdar for the land in Sy. No 5-3 is Sri N.Krishnamacharyulu. ➤ After demise original Shrotriyumdar Sri N.Krishnamacharyulu, the land in Sy. No. 5-3, extent, 13.80 acres has been acquired by his legally adopted son Sri 'Nallani Chakravarthigari Rajagopalachari'. ➤ In year 1956, Sri Nallani Chakravarthigari Rajagopalachari sold away Sy. No. 5-3, extent, 13.80 acres of Gangulakunta village in favour of Sri Meeniga Chennappa S/o Beerappa vide a valid registered sale deed doc.No.492 / 1956, dated 27-02-1956. 5 W.P.No.13641 of 2026 ➤ In year 1967, Sri Meeniga Chennappa sold away Sy. No. 5-3, extent 13.80 acres of Gangulakunta village in favour of Sri Gavvala Malleshu S/o Galappa vide a valid registered sale deed doc.No. 1994 / 1967, dated 11.05.1967. ➤ After demise of Sri Gavvala Malleshu, his successors / legal heirs, i.e., Sri G.Mallikarjuna, Sri G.Chinna Mallikarjuna, Sri C.Venkataramudu, Sri C.Obulesu, and Sri C.Parandhama, i.e., the present pattadars for Sy. No. 5-3, extent, 13.80 acres of Gangulakunta village acquired their respective portions of lands. ➤ It is submitted that the present pattadars are also the enjoyers of the land in Sy. No. 5-3, extent, 13,80 acres, since year 1967, when their father purchased the said land. While the matter stood thus, the present petitioner Sri M.Hari Prasad S/o M.Chandrayudu presented his narration as follows: informed by As in his representation in 1st reference, his grandfather, i.e., his father's the petitioner Sri M.Hari Prasad father Sri M.Ramappa S/o Chinnarappa had a written unregistered sale agreement written in his favour from one Sri Badvelu Ashwarthappa. As submitted by the petitioner Sri Badvelu Ashwarthappa had enjoyed the land in Sy. No. 5-3, extent 13.80 acres of Gangulakunta village, by paying some consideration amount to Sri N.Rajagopalacharyulu, and the petitioner further stated in his representation that Sri Badvelu Ashwarthappa also had paid taxes on the said land. In this regard, it is submitted that the petitioner Sri M.Hari Prasad did not furnish any document to substantiate the above claims he stated in his representation.”

4. Since the written instructions mainly indicated that the petitioners had not submitted any documents in support of their claim, the learned counsel for the petitioners requested to dispose of the writ petition giving liberty to 6 W.P.No.13641 of 2026 submit the respondent No.3 all the necessary documents required for consideration and directing the respondent No.3 to dispose of the representations after hearing both the petitioners and the parties whose names were mentioned in the written instructions.

5. Since the representations submitted by the petitioners are not said to be disposed of so far, and in view of the request made for disposal of the writ petition with appropriate directions, the writ petition is disposed of granting liberty to the writ petitioners to submit all the required documents to the respondent No. 3 in support of the representations submitted; and also directing the respondent No.3 to dispose of the representations of the petitioners by affording an opportunity of hearing to both the petitioners and the parties named in the written instructions, and indicating the documents, if any, found to be necessary for consideration but have not been filed by the parties. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this petition shall stand closed. ___________________ B. S. BHANUMATHI, J Dt. 20.07.2026 PNV Whether the order is : Speaking No / Reasoned Yes Reportable No / Non-Reportable Yes

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