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2022 Supreme(AP) 265

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V.Sesha Sai, Ravi Cheemalapati, JJ.
K. Obul Reddy - Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.23144 of 2020 and C.R.P.No.798 of 2020
Decided On : 24-02-2022

Advocates Appeared:
For the Petitioner: K Rathanga Pani Reddy

Headnote:

Constitution of India, 1950 - Article 227, 14 - Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988 - Rule 15(5) – Equality before Law - Challenging the order - Whether the petitioners have made out valid and sufficient reasons to condone the delay of 1125 days in the affidavit filed in support of the said application – Held, It is a settled and well established principle of law that invocation of the jurisdiction of this Court under Article 227 of Constitution of India, is permissible only when order impugned suffers from jurisdictional error or patent perversity. In considered opinion of this Court, petitioners herein have failed in establishing the existence of such contingencies in the order impugned in the revision. Therefore, this Court is not inclined to meddle with the said well articulated order passed by Principal District Judge. Sub-Rule 5 of Rule 15 of Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988 also enables to the revenue authorities to take the assistance of the police if persons in possession refuse to handover possession of the property - Writ Petition disposed of.

ORDER :

A.V.Sesha Sai, J.

Since these cases are interrelated, though these matters appear under the caption ‘admission’, with the consent of all the learned Advocates, this Court deems it appropriate to dispose of these cases by way of this common order.

2. In Writ Petition No.23144 of 2020, the petitioners are assailing the alleged inaction on the part of the 2nd respondent/Revenue Divisional Officer, Jammalamadugu, YSR Kadapa District in giving effect to the order, dated 05.08.2015, passed by the Special Tribunal under the provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982-cum-the Court of the Principal District Judge, Kadapa in L.G.O.P.No.184 of 2013, dated 05.08.2015.

3. In C.R.P.No.798 of 2020 filed under Article 227 of the Constitution of India, the petitioners are challenging the order, dated 12.12.2019 in I.A.No.2842 of 2018 in L.G.O.P.No.184 of 2013 on the file of the learned Principal District Judge, Kadapa-cum- Special Tribunal under the Provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

4. Shorn of inappropriate details, the factual aspects which are necessary for adjudication of the issues in the present cases are as follows :-

    The petitioners in Writ Petition No.23144 of 2020 filed L.G.O.P.No.184 of 2013 against the petitioners in C.R.P.No.798 of 2020 and certain others on the file of the Special Tribunal under the provisions of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982-cum-Principal District Judge’s Court, Kadapa under Section 7-A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 for a direction to the respondents in the said L.G.O.P. to remove the constructions made by them and to deliver vacant possession of the land. The learned Principal District Judge, Kadapa, by way of an order, dated 05.08.2015, allowed the said L.G.O.P.No.184 of 2013 while declaring the petitioners therein as owners of the schedule property/plots and while declaring the respondents in L.G.O.P.No.184 of 2013 as land grabbers, directed the respondents to vacate the schedule property within a period of three months from the date of pronouncement of the order. In the said order, the learned Principal District Judge also directed the Revenue Divisional Officer, Jammalamadugu to give effect to the result of the Special Tribunal by evicting the respondents by following the procedure laid down under Rule 15 of Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988. Subsequently on a representation made by the petitioners in the present writ petition, the District Collector, YSR Kadapa vide letter bearing Ref.No.REV-ESECOLGA/1/2016-SA(E5)-KDPCO, dated 11.09.2016, requested Revenue Divisional Officer, Jammalamadugu to take necessary action for removal of the encroachments as per Rules in force and submit compliance report. Thereafter, the writ petitioners herein submitted a representation on 18.08.2020 to the Revenue Divisional Officer, while referring to the order, dated 12.12.2019, passed by the learned Principal District Judge, Kadapa in I.A.No.2842 of 2018 in L.G.O.P.No.184 of 2013. In the above background, alleging inaction on the part of the revenue authorities in giving effect to the order passed in the L.G.O.P.No.184 of 2013, Writ Petition No.23144 of 2020 came to be filed before this Court on 30.11.2020.

5. In the writ petition, a counter affidavit is filed by the 2nd respondent/Revenue Divisional Officer, Jammalamadugu.

6. As mentioned supra, L.G.O.P.No.184 of 2013 came to be allowed by the Tribunal on 05.08.2015. The petitioners in C.R.P.No.798 of 2020, who were arrayed as respondents in the aforementioned L.G.O.P., filed I.A.No.2842 of 2018 on 26.12.2018, seeking condonation of delay of 1125 days in filing the petition for setting aside the decree, dated 05.08.2015, passed in L.G.O.P.No.184 of 2013. The said I.A. was contested by the petitioners in L.G.O.P.No.184 of 2013/petitioners in the present Writ Petition. The learned Principal District Judge, Kadapa-cum-Special Tribunal

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