Smt. Bonthalakoti Nagamani, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 988 AP

       HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

                   WRIT PETITION No.3096 of 2020

     ORDER:

The present Writ Petition is filed for the following relief:

"to issue a Writ or Order or Direction more particularly one in the Writ of Mandamus declaring the action of the 6th respondent as well as the 4th respondent in not considering the representation of the petitioner in not to effect any transactions in favour of 3rd parties in land situated at S. Kota Village and Mandal in Sy. No. 505/4 to an extent of Ac. 6.84 cents basing on the representation made by the petitioner dated 04.09.2019 sent through register post as the case in AS No. 536 of 2019 pending adjudication before this Honorable Court as illegal, arbitrary and also oppose to Article 300-A Constitution of India, consequently direct the 4dth and the 6th respondents not to effect any transactions in favour of 3rd parties in land situated at S. Kota Village and Mandal in Sy. No. 505/4 to an extent of Ac. 6.84 cents by considering the representation of the petitioner dated 04.09.2019 and to pass such order or orders"

2. The case of the petitioner, in brief, is that she is the daughter

of the 7th respondent and their family has ancestral joint family

property in Sy.No. 505/4 to an extent of Ac. 6.84 cents situated at S.

Kota Village and Mandal, wherein she has 1/4th share. She filed a

suit for partition vide O.S.No.132 of 2014 on the file of the District

Judge, Vizianagaram and the said suit was dismissed and as against

the said judgment she filed A.S. No.536 of 2019 before this court and

the same is pending adjudication. It is the further case of the

petitioner that, She made a representation, dated 04.09.2019

requesting the respondent nos. 4 and 6 not to effect any transactions

in favour of third parties in respect of the subject property. As the 7th

respondent without having any rights over the subject property has

alienated the property in favour of the unofficial respondent Nos. 8 to

12 with a malafide intention and as the Revenue Authorities are not

considering the representation made by the petitioner not to effect

any mutation inrespect of the subject property, in favour of third

parties, the Writ Petition is filed

3. Heard Sri V. Sai Kumar, learned counsel for the petitioner

and Learned Assistant Government Pleader for Revenue.

4. The learned counsel for the petitioner in elaboration to what

has been stated in the affidavit contented that it would suffice for the

time being if a direction is given to revenue authorities to dispose of

the petitioner's representation dated 04.09.2019 where-in the

petitioner has requested the authorities not to mutate any third

parties names to the petitioner's subject land in the revenue records

pending disposal of A.S.No.536 of 2019.

5. On the other hand, the learned Assistant Government

Pleader submitted that the representation said to have been made by

the petitioner is of the year 2019 and if the petitioner makes a fresh

representation, the authorities will pass appropriate orders as per

law.

6. In reply the learned counsel for the petitioner submitted

that, a liberty may be granted to the petitioner to make fresh

representation and a direction may be given to the authority to

dispose of the representation by fixing a time frame.

7. Taking the submissions made by both the learned counsel

into consideration and as no purpose will be served in keeping this

writ petition pending, this Court is inclined to dispose of the Writ

Petition with the following direction:

(a) The petitioner is at liberty to make a fresh appropriate

representation as per law to the concerned authorities within two (02)

weeks from the date of receipt of copy of this order.

(b) On receipt of the said representation, the concerned

authority shall dispose of the same by passing a reasoned order in

accordance with law, after giving an opportunity of personal hearing

to all the stake holders within a period of eight (08) weeks thereafter,

and communicate the same to the petitioner.

8. Accordingly, writ petition is disposed of. No costs.

Consequently, miscellaneous petitions pending, if any in this writ

petition, shall stand closed.

_____________________________ JUSTICE RAVI CHEEMALAPATI

Date : 25.01.2023.

RMD/KNN