Andhra Pradesh High Court – Amravati
C Kamakshi vs The State Of Andhra Pradesh on 23 June, 2025
*
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATIO
(Special Original Jurisdiction)
MONDAY, THE TWENTY THIRD DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION NO: 14932 OF 2024
Between:
Smt. C. Kamakshi, W/o. C. Raju, Aged about 56 Years, R/o. 5-49
Tamminayanapalli Village, Somala Mandal, Chittoor District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, A.P. Secretariat, Velagapudi, Guntur District.
2. The District Collector, Rayachoti, Annamayya District, Erstwhile Chittoor
District.
3. The Tahsildar, Kalikiri Mandal, Annamayya District, Erstwhile Chittoor
District.
4. Sri Krishnaiah, S/o. Not Known, Aged about 45 years, Occ; Village
Revenue Officer (VRO), Marrikuntapalli Revenue Village, Kalikiri
Mandal, Annamayya District, Erstwhile Chittoor District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therewith, the High 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 Petitioners 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 Petitioners land an extent of Ac. 0.23 cents in Sy.No. 269/A
«
Marrikuntapalli Revenue Village, Kalikiri Mandal, Annamayya District,
erstwhile Chittoor as illegal, arbitrary, unjust, violation of Articles 14,19, 21
and 300-Aof 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 pertaining to the petitioner land an extent of Ac.
0.23 cents in sy.no.269/A Marrikuntapalli Revenue Village, Kalikiri Mandal,
Annamayya District, erstwhile Chittoor.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the writ petition, the High Court
may be pleased to direct the Respondents No. 2 and 3 to mutate the
Petitioner name in revenue records pertaining to the Petitioner land an
extent of Ac. 0.23 cents in Sy.No. 269/A Marrikuntapalli Revenue Village,
Kalikiri Mandal, Annamayya District, erstwhile Chittoor.
Counsel for the Petitioner : SRI Md. AMEEN, APPEARING ON BEHALF
OF SRI BASHA SHAIK
Counsel for the Respondent Nos.1 to 3 : SRI ARJUN CHOWDARY,
ASST.GP FOR REVENUE
Counsel for the Respondent No.4 : SRI D. KODANDA RAMI REDDY
The Court made the following: ORDER
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APHC010292482024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
MONDAY THE TWENTY THREE DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 14932 OF 2024
Between:
1.C KAMAKSHI, W/0. C. RAJU, AGED ABOUT 56 YEARS, R/0. 5-49,
TAMMINAYANAPALLI VILLAGE, SOMALA MANDAL, CHITTOOR
DISTRICT.
...PETITIONER
AND
1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT,
VELAGAPUDI, GUNTUR DISTRICT.
2.THE DISTRICT COLLECTOR, RAYACHOTI, ANNAMAYYA DISTRICT,
ERSTWHILE CHITTOOR DISTRICT.
3.THE TAHSILDAR, KALIKIRI MANDAL, ANNAMAYYA DISTRICT,
ERSTWHILE CHITTOOR DISTRICT
4.SRI KRISHNAIAH, S/0. NOT KNOWN, AGED ABOUT 45 YEARS,
OCC. VILLAGE REVENUE OFFICER (VRO), MARRIKUNTAPALLI
REVENUE VILLAGE, KALIKIRI MANDAL, ANNAMAYYA DISTRICT,
ERSTWHILE CHITTOOR DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
2
1.BASHASHAIK
Counsel for the Respondent(S):
1.GP FOR REVENUE
2.D KODANDARAMI REDDY
The Court made the following ORAL ORDER:
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, Kalikirl Mandal, 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 underand consequently
direct the Respondents No. 2 and 3 to mutate the
Petitioner name in revenue records pertaining to the
petitioner land an extent of Ac. 0.23 cents in
sy.no.269/A Marrikuntapalli Revenue Village, Kalikiri
Mandal, 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.
”
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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
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further stated that the Writ Petitioner along with the son-in-law have
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 said 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
5furnish 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. Post on 06.08.2024.”
7. When the matter was 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 Ac.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
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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 Kalikiri 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;
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(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 1 ,, J
Suraksha Sanhita, 2023 within eight (08) weeks from
the date of registration of FIR; and
(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; and
(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
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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.
Sd/- K. SRINIVASA RAJU
ASSISTANT REGISTRAR
//TRUE COPY//
To
SECTION OFFICER
i
1. The Registrar (Judicial), High Court of Andhra Pradesh.
Range, KLda^pTSfcT(®By Spied RmI)’ bureau, Kadapa
Colony, Kadapa, Kadapa District, (By Spied’post)^”^®’ ‘^°’°P®ralive
Annamayya District, Erstwhile Chittoor
District. (BylJ’PAl))”” Annamayya District, Erstwhile Chittoor
7. One CC to Sri Basha Shaik, Advocate fOPUC]
8. Two CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT]
. One CC to Sn D. Kodanda Rami Reddy, Advocate (OPUC)
lO.Three C.D. Copies.
Cnr
✓
A
HIGH COURT
DATED:23/06/2025
ORDER
WP.No.14932 of 2024
ALLOWING THE W.P.
WITHOUT COSTS