Research › Search › Judgment

Andhra High Court · body

2025 DIGILAW 766 (AP)

C. Kamakshi W/o C. Raju v. State of Andhra Pradesh

2025-06-23

GANNAMANENI RAMAKRISHNA PRASAD

body2025
ORDER : 1. Heard Sri Md. Ameen, learned Counsel appearing on behalf of Sri Basha Shaik, learned Counsel for the Petitioner, Sri Arjun Chowdary, learned Assistant Government Pleader for Revenue and Sri D. Kodandarami Reddy, learned Counsel for Respondent No.4. 2. The prayer sought in the present Writ Petition is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the Respondents No. 2 and 3 not considering the Petitioner's representation dated 03.06.2024 for conduct enquire into illegal acts of the Respondent No. 4 and to take departmental action against the Respondent No. 4 who took huge amount from the petitioner for mutate the Petitioner name in revenue records and may get Pattadar passbook and title deed pertaining to the Petitioner's land an extent of Ac. 0.23 cents in Sy.No. 269/A Marrikuntapalli Revenue Village, Kalikiri MandaI, Annamayya District, erstwhile Chittoor as illegal, arbitrary, unjust, violation of Articles 14, 19, 21 and 300-A of the Constitution of India and contrary to the principles of Natural Justice and Violation of the provisions of the A.P. State Rights in Land and Pattadar Passbook Act, 1947 rules framed there under and consequently direct the Respondents No. 2 and 3 to mutate the Petitioner name-in revenue records pertair,ing to the petitioner land an extent of Ac. 0.23 cents in sy.no.269/A Marrikuntapalli Revenue Village, Kalikiri MandaI, Annamayya District, erstwhile Chittoor and pass such other order or orders as this Hon'ble Court may deems fit and proper circumstance of the case." 3. 0.23 cents in sy.no.269/A Marrikuntapalli Revenue Village, Kalikiri MandaI, Annamayya District, erstwhile Chittoor and pass such other order or orders as this Hon'ble Court may deems fit and proper circumstance of the case." 3. The case of the Writ Petitioner, as stated in the Affidavit filed in support of the Writ Petition, is that the Writ Petitioner is the absolute owner, possessor and enjoyer of the land admeasuring an extent of Ac.0.23 cents in Survey No.269/A in Marrikuntapalli Revenue Village, Kalikiri Mandal, Annamayya District; that the Writ Petitioner has inherited this portion of the land from her grandfather by name one Sri Pedda Venkatagadu; that the said grandfather has acquired an extent of Ac.1.38 cents in Survey No.269/A of Marrikuntapalli Revenue Village and made it fit for cultivation by clearing the wild growth by spending considerable amount; that the grandfather continued to raise dry crops while being in exclusive possession and enjoyment of the said land of an extent of Ac.1.38 cents; after recognizing the long standing possession and use of land by the grandfather, the Revenue Officials have granted DKT Patta and mutated his name in all the Revenue Records about 90 years ago; that the grandfather died intestate leaving behind him his four sons and all the four sons have succeeded to Ac.1.38 cents in Survey No.269/A; that the Writ Petitioner, by inheritance, she has inherited Ac.0.23 cents out of Ac.1.38 cents; that the Writ Petitioner had approached the Village Revenue.Officer by name Sri Kolar Krishnappa (wrongly mentioned in the Cause Title as Krishnaiah - Respondent No.4) seeking mutation of her name in Revenue Record and also for issuance of 'Pattadar Passbook and Title Deed. 4. It is further stated in the Affidavit filed in support of the Writ Petition that the Village Revenue Officer i.e., Sri Kolar Krishnappa, who is arrayed as Respondent No.4 (in his personal capacity in this Writ Petition) has demanded a sum of Rs.5,00,000/- for effecting the mutation and for issuance of Pattadar Passbook; that the Writ Petitioner, along with her son in law had approached the Respondent No.4 and paid the said amount of Rs.5,00,000/- that despite receiving the payments, Sri Kolar Krishnappa i.e., the Village Revenue Officer did not do the needful and on the other hand had demanded additional sum of Rs.1,00,000/-and had threatened the Writ Petitioner and her son-in-law with dire consequences if the said demand is not fulfilled. It is further stated that the writ petitioner along with the son-in-law have a clandestinely taken photographs and video while purportedly meeting With the gratification demand by making part-payment of Rs.35,000/- to Sri Kolar Krishnappa, Village Revenue Officer. 5. With these averments, the present Writ Petition has been filed seeking an Enquiry into the conduct of Sri Kolar Krishnappa, Village Revenue officer of Kalikiri Mandal, Annamayya District (Respondent No.4) and also for initiating departmental action with a consequential relief to direct the Respondent Nos. 2 and 3 to mutate the name of the Writ Petitioner in the Revenue Record. 6. Having taken note of the contents of the Affidavit filed in support of the Writ Petition this Court had passed the following order on 16.07.2024: "2. Learned Counsel for the Petitioner has drawn the attention of this Court to paragraph Nos.5 & 6 of the Affidavit filed in support of the Writ Petition. 3. In Paragraph No.5 of the Affidavit it is stated that the Respondent No.4 had demanded Five Lakh Rupees for mutation purpose and accordingly the Petitioner had parted with the said amount in favour of Respondent No.4 in the month of January, 2023. Despite parting with the said sum, it has been stated in the Affidavit, that the sa-Id Respondent No.4 did not accede to the request of the Petitioner and had further demanded one more Lakh Rupees. It is stated in the Paragraph No.6 of - the Affidavit that the Respondent No.4 had deceived the Writ Petitioner. The Respondent No.4 - One Sri Krishnaiah, who is working as Village Revenue Officer is arrayed in his personal capacity. 4. In this view of the matter, there shall be a direction to the Director General, Anti Corruption Bureau of the State of Andhra Pradesh to cause an investigation through the jurisdictional Assistant Director General into these allegations (mentioned above) and submit a report within three weeks from today. 5. Registrar (Judicial) of this Court is directed to communicate a copy of this Order to the Director General, Anti Corruption Bureau of the State of Andhra Pradesh within one week from today. He shall also furnish a copy of the writ petition (along with annexures) to the Director General, Anti Corruption Bureau of the State of Andhra Pradesh. 6. Sri Arjun Chowdary, learned Assistant Government Pleader seeks time to file counter Affidavit on behalf of Respondent Nos. He shall also furnish a copy of the writ petition (along with annexures) to the Director General, Anti Corruption Bureau of the State of Andhra Pradesh. 6. Sri Arjun Chowdary, learned Assistant Government Pleader seeks time to file counter Affidavit on behalf of Respondent Nos. 1, 2 & 3. 7. Learned Counsel for the Petitioner is directed to takeout personal Notice in respect of Respondent No.5 within one week from today and file proof of receipt of Notice within a week thereafter. 8. Poston 06.08.2024." 7. When the matterwas again listed on 08.11.2024, a direction was given to the Director General, Anti Corruption Bureau of the State of Andhra Pradesh to place on record the Investigation Report within two weeks in a sealed cover through the Registrar (Judicial). The Registrar (Judicial) was also directed to communicate a copy of the Order to the Director General, Anti -Corruption Bureau within one week from the said date for effective compliance. 8. Vide Proceeding dated 21.11.2024, the Director General, Anti Corruption Bureau, Kadapa Range had submitted a copy of the Investigation Report dated 05.08.2024 prepared by the Deputy Superintendent of Police, Anti Corruption Bureau, Kadapa Range, Kadapa. This Court has perused the Investigation Report submitted by the Director General, Anti Corruption Bureau, Kadapa Range, dated 05.08.2024. This Preliminary Report would indicate that the Deputy Superintendent of Police has recorded the statement of Sri Kolar Krishnappa, Village Revenue Officer of Kalikiri Mandal, Annamayya District and Sri Kolar Krishnappa has admitted that he had taken the amount of Rs.35,000/- in January-2023 from the son-in-law and daughter of the Writ Petitioner herein as a gratification for making online mutation and issuance of Pattadar Passbook and Title Deed for Ad.0.23 cents in the name of the Writ Petitioner herein. It is also stated in-the Preliminary Report that the audio visual evidence (video record) that was produced by the Writ Petitioner herein and her daughter and son-in-law is subject to the final outcome of the F.S.L. Report. The Investigation Report dated 05.08.2024 prepared by the Deputy Superintendent of Police, Anti Corruption Bureau, Kadapa Range, Kadapa is taken on record. 9. It is also stated in-the Preliminary Report that the audio visual evidence (video record) that was produced by the Writ Petitioner herein and her daughter and son-in-law is subject to the final outcome of the F.S.L. Report. The Investigation Report dated 05.08.2024 prepared by the Deputy Superintendent of Police, Anti Corruption Bureau, Kadapa Range, Kadapa is taken on record. 9. Having considered the Prayer sought in the Present Writ Petition and the Report of the Deputy Superintendent of Police, Anti Corruption Bureau, Kadapa Range dated 05.08.2024, this Court is of the view that there is prima facie material to implicate Sri Kolar Krishnappa, Village Revenue officer of Kalikir-I Mandal, Annamayya District. 10. Having taken note of the above, this Court deems it appropriate to allow this Writ Petition at the admission Stage to the extent indicated below, without going into merit, with the following directions: (i) That in view of the contents of the Investigation Report of the Deputy Superintendent of Police, Anti Corruption Bureau, Kadapa Range dated 05.08.2024, the Disciplinary Authority is directed to initiate Departmental Proceedings against Sri Kolar Krishnappa, Village Revenue Officer of Kalikiri Mandal, Annamayya District (Respondent No.4). (Sri Kolar Krishnappa's name is wrongly mentioned in the cause title of the Writ Petition as Sri Krishnaiah). (ii) That the Competent Authority shall issue Charge Memo to Sri Kolar Krishnappa, Village Revenue Officer of Kalikiri Mandal, Annamayya District (Respondent No.4) within six weeks from the date of uploading of this Order on the website of this court and complete the entire domestic Enquiry within three (03) months thereafter and submit the Enquiry Report to the Competent Authority for further action; (iii) That the concerned station House Officer of Anti Corruption Bureau shall register Regular FIR against Sri Kolar Krishnappa, village Revenue Officer of Kalikiri Mandal, Annamayya District (Respondent No.4) under the Prevention of corruption Act, 1988 and other provisions of law within four (04) weeks from the date of uploading of this order on the website of this Court and investigate further and Proceed in accordance With law; (iv) That the Investigation Officer shall file the Final Report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 within eight (08) weeks from the date of registration of FIR. (v) That the Writ Petitioner, her daughter and her son-in-law shall be treated as informers (whistle blowers)/complainants while investigating the Criminal Case, lest such persons may not be able to fearlessly approach this Court due to sheer fear of being prosecuted. (vi) Insofar as the request of the writ petitioner for mutation of her name in the Revenue Record and issuance of Pattadar Pass Book and Title Deed is concerned, the Writ Petitioner is directed to make an appropriate Application before the Competent Authority within eight (08) weeks from the date of uploading of this Order on the website of this Court and upon making such Application, the Competent Authority shall consider the case of the Writ Petitioner and pass a Speaking Order within eight (08) weeks thereafter, in accordance with law and communicate the same to the writ petitioner forthwith. It is clarified that this Court has not decided anything on merit insofar as the entitlement of the Writ Petitioner for mutation, issuance Pattadar Passbook and Title Deed are concerned. 11. With these observations and directions, this writ petition stands allowed. No order as to costs. 12. Interlocutory Applications, if any, stand closed in terms of this order.