Point of law: Demand for justice is not a matter of form but a matter of substance and it is necessary that a “proper and sufficient demand has to be made.” The demand must be made to the proper authority and not to an authority which is not in a position to perform its duty in the manner demanded. It is suggested that the Court should not fossilize this rule into something rigid and inflexible but keep it as flexible.

ORDER :

1. M/s. Social Unit for Health and Improvement filed this petition under Article 226 of the Constitution of India to issue of Writ of Mandamus:

(i) declaring the action of respondent No. 1 in issuing G.O.Ms. No. 581, Revenue (Assn.V) Department, dated 19.11.2018 for allotment of land on lease basis for a period of 33 years relating to petitioner's Plot Nos. 2 to 4, 7, 14, 20, 23 to 30, 31, 32 and 40 in Sy. No. 280/2 to an extent of total 55674 Sq. Ft. or 6186 Sq. Yds. equivalent to Ac. 1.27 1/3 cents out of total extent of Ac. 2.00 cents situated at Kattamanchi Village, Muraganipalle, Chittoor Municipal Corporation, Chittoor Mandal, Chittoor District, is illegal, arbitrary and unconstitutional and consequently set aside the same.

(ii) to direct respondent Nos.1 to 6 to withdraw the prohibitory list submitted to respondent No. 7 under Section 22-A of the Registration Act relating to Plot Nos. 2 to 4, 7, 14, 20, 23 to 30, 31, 32 and 40 in Sy. No. 280/2 to an extent of total 55674 Sq. Ft. or 6186 Sq. Yds. equivalent to Ac. 1.27 1/3 cents out of total extent of Ac. 2.00 cents situated at Kattamanchi Village, Muraganipalle, Chittoor Municipal Corporation, Chittoor Mandal, Chittoor District.

(iii) to direct respondent Nos. 1 to 6 to delete the name of respondent No. 8 in all revenue records including web-land/aponline relating to Sy. No. 280/2 to an extent of total 55674 Sq. Ft. or 6186 Sq. Yds. equalent to Ac. 1.27 1/3 cents out of total extent of Ac. 2.00 gts situated at Kattamanchi Village, Muraganipalle, Chittoor Municipal Corporation, Chittoor Mandal, Chittoor District, by restoring the petitioners society name in all revenue records.

(iv) to declare the action of respondent No. 1 is illegal, arbitrary and unconstitutional and against the principles of natural justice and in violation of Article 14,16 and 300-A of the Constitution of India.

2. The petitioner is claiming to be the owner of plot Nos. 2 to 4, 7, 14, 20, 23 to 30, 31, 32 and 40 in Sy. No. 280/2 to an extent of total 55674 Sq. Ft. or 6186 Sq. Yds. equivalent to Ac. 1.27 1/3 cents out of total extent of Ac. 2.00 cents situated at Kattamanchi Village, Muraganipalle, Chittoor Municipal Corporation, Chittoor Mandal, Chittoor District. Unfortunately, the said property was included in the list of prohibited properties notified under Section 22-A of the Registration Act.

3. It is contended that the subject land is exclusive private land, registered with the 7th respondent vide document No. 4127 of 1997 on 31.07.1997 in favour of the petitioner's society, document No. 779 of 1943 dated 12.02.1943, document No. 1700 of 1979 dated 16.04.1979, document No. 1701 of 1979, dated 16.04.1979, document No. 1702 of 1979 dated 16.04.1979, document No. 1704 of 1979 dated 16.04.1979, document No. 4874 of 1979, dated 29.08.1979, document No. 4875 of 1979, dated 29.08.1979, document No. 5339 of 1979, dated 12.09.1979. The petitioner is in peaceful possession and enjoyment of the property. When respondent Nos.2 to 6 tried to dispossess the petitioner from the above said society land, the petitioner approached the High Court by filing W.P. No. 4454 of 2019 challenging the inaction of the respondent Nos.2 to 6, wherein this Court directed to maintain status quo as on date i.e. 01.04.2019 and it is pending for adjudication. At the time of filing the above writ petition, the petitioner the petitioner's society was not aware of issuance of G.O.Ms. No. 581 Revenue (Assn.V) Department dated 19.11.2018 as the copy was not served on the petitioner.

4. The further contention of the petitioner is that with great difficulty, obtained copy of G.O.Ms. No. 581, Revenue (Assn.V) Department dated 19.11.2018, filed the present writ petition against the official and unofficial respondents herein. The land was originally agricultural land, it was converted into plots by obtaining necessary permission from the Moriganipalle Gram Panchayat vide PR No. 9 (3) 27-3-81. In the year 2011, when some private persons t