Guttapathi Prameela Rani vs D Malleswari
2023 Latest Caselaw 4974 AP

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
                                   &
          HON'BLE MR. JUSTICE R.RAGHUNANDAN RAO

                        I.A.No.1 of 2023
                             in/and
                  WRIT APPEAL No.981 of 2023

Guttapathi Prameela Rani,
W/o. late Sri Jeevan Prasad,
Aged about 43 years,
R/o. H.No.87-1201/SP-9,
Somisettinagar,
Kalluru Village and Mandal,
Kurnool District.
                                                         ... Appellant
                 Vs.

Smt. D. Malleswari, W/o. M. Chennaiah,
Aged about 65 years, House wife,
R/o. H.No.78-145, New Krishna Nagar,
Kallur, Kurnool City & District and 5 Others.
                                                      ... Respondents

Counsel for the Appellant : Mr. Kirthi Teja Kondaveeti

Counsel for the Respondents : Ms. M. Siva Jyothi

- R1 & R2

Government Pleader for Revenue

- R3 to R6 HCJ & RRR, J

W.A.No.981 of 2023

Dt.: 13.10.2023

P.C.:

I.A.No.1 of 2023 is an application seeking leave to prefer an

appeal against the order dated 01.09.2023 passed in W.P.No.20577

of 2023.

2. This Appeal was filed by the non-applicant highlighting the

inaction on the part of the respondents in not making a mutation in

terms of the provisions of the Andhra Pradesh Rights in Land and

Pattadar Pass Books Act, 1971.

3. The writ petition has been disposed of by virtue of judgment

and order impugned dated 01.09.2023 with liberty to the

petitioners to make an online application to the 4th respondent who

would in turn take necessary action on it within a period of four

weeks by following the provisions of the Act.

4. In our opinion, none of the substantative rights of the parties

have been decided in the aforementioned writ petition while only

liberty has been granted to the petitioners to approach through the

online mode to the concerned authority under the Act supra. The

apprehension of the applicant herein seeking to prefer an appeal is

that, in case the judgment and order impugned is not set aside, the

application for mutation would be accepted treating it as HCJ & RRR, J

W.A.No.981 of 2023

mandatory in the light of the judgment and order sought to be

challenged by the applicant herein, which would cause severe

prejudice to the rights of the applicant herein.

5. We, however, feel that the apprehension expressed today

before us is totally without any basis in the absence of any specific

direction given by the writ court. Moreover, we have been informed

by learned counsel for the applicant that the applicant has already

approached the concerned authority with a representation. If that

be so, nothing requires to be adjudicated even if he were permitted

to file the appeal.

6. Be that as it may, we do not find this a fit case for grant of

leave to file appeal. I.A.No.1 of 2023 is accordingly dismissed.

Consequently, W.A. No.981 of 2023 is also dismissed. No costs.

Consequently, all connected miscellaneous petitions are

disposed of.

DHIRAJ SINGH THAKUR, CJ R.RAGHUNANDAN RAO, J

kbs HCJ & RRR, J

W.A.No.981 of 2023

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R.RAGHUNANDAN RAO

I.A.No.1 of 2023 in/and WRIT APPEAL No.981 of 2023 (per Dhiraj Singh Thakur, CJ)

Dt: 13.10.2023

kbs