CH. ROJA Vs. STATE OF A.P.
LAWS(APH)-2019-11-24
HIGH COURT OF ANDHRA PRADESH
Decided on November 08,2019

Ch. Roja Appellant
VERSUS
STATE OF A.P. Respondents


Referred Judgements :-

CHINNAM PANDURANGAM VS. MANDAL REVENUE OFFICER [REFERRED TO]


JUDGEMENT

D V S S Somayajulu, J. - (1.)This Writ Petition is filed seeking the following relief-
"....to issue a Writ, order or direction, more particularly a Writ of Mandamus, declaring the action of the 4th respondent in deleting the name of the petitioner from the I-B Namuna (ROR) and Adangal in respect of the land in Sy.Nos.4/81 and 4/4 to an extent of Ac.20-03 cents in Uttarakanchi village, Prathipadu Mandal, Peddapuram division, East Godavari District without issuing any notice to the petitioner as illegal, improper, unjust arbitrary, violative of principles of natural justice and violative of Sub Section 3 of Section 5 of Andhra Pradesh Rights in land and Pattadar Pass Books Act, 1971 and further direct the 4th respondent to update the name of the petitioner in the revenue records in Government web site in respect of the land in Sy.No.4/1 and 4/4 4 to an extent of Ac.20-03 cents in Uttarakanchi village, Prathipadu Mandal, Peddapuram Division, East Godavari District and pass such other order or order as this Hon'ble Court may deem fit and proper in the circumstances of the case."

(2.)This Court has heard the learned senior counsel on behalf of Sri K. Rama Mohan, learned counsel for the petitioner, and the learned Government Pleader for Revenue.
(3.)Learned senior counsel argued that the petitioner's husband is the absolute owner of the property situated in Sy.No.4/1 and 4/4 measuring Ac.20-03 cents in Uttarakanchi village, Prathipadu Mandal. He was issued I-B Namuna (ROR) and title deed books. His name was also mutated in the revenue records. Learned counsel submits that after the death of the petitioner's husband in March-2009, the name of the petitioner has also been mutated in the revenue records in August, 2010 and since then she has been in possession and enjoyment of the property as the owner thereof. However, learned senior counsel submits that surprisingly in February, 2019 without issuing any notice the name of the petitioner was deleted from the revenue records. He argues on the basis of Section 5 (3) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (in short "the Act") that any order of deleting of the names in the revenue records should be preceded by a notice. Further, the order that is passed should also be communicated. Learned senior counsel submits that even a provision for appeal is there in the Act. Learned senior counsel submits that in the present case the entire exercise of deleting the petitioner's name was done behind her back and contrary to law. Thereafter, on the basis of the deleted records attempt is being made to evict the petitioner from the land. Therefore, learned senior counsel submits that the petitioner is entitled to the prayers as the action of the respondents in deleting the name of the petitioner without following due process of law and also the rules of natural justice, is totally illegal. Hence, the present Writ Petition is filed.
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