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2023 Supreme(AP) 206

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D.V.S.S. SOMAYAJULU, J.
Gummidipudi Satyanarayana, son of Pullachari - Petitioner
Versus
State of Andhra Pradesh - Respondent
Writ Petition Nos.7403 and 7408 of 2014
Decided On : 01-02-2023

Advocates Appeared:
For the Petitioner: P. Ramabhoopal Reddy.

Headnote:

Constitution of India,1950 - Articles 14, 21 and 300-A - A.P. Rights in Land and Pattadar Passbooks Act, 1971 - Lands - Pattadar passbook - Title deeds - Possession - Petitioners are absolute owners of the lands, which are the subject matter of the Writ Petition, having acquired the same through various sale deeds - All lands are situated - Petitioners claiming that they have acquired property from their vendors, who got property through one - Pattadar Passbook and ROR books were in favour of petitioners - After acquisition fresh Pattadar passbooks and title deeds were issued to petitioners - It is submitted that petitioners are in settled possession and enjoyment of property - 4th respondent, who claims to be a legal heir of original allottee of property - Acquisition of the property by petitioners was , Pattadar passbooks were issued in year and alleged appeal is filed - Whether the appeal was filed in time or not and addressed the issue in the course of his order. 6 years after the Pattadar Passbooks were issued the claim is made before the RDO - Held, Court notices that as rightly pointed out by the learned counsel for the petitioners RDO came to the conclusion that the vendors are mere joint pattadras and not absolute owners - Finding is also, in the opinion of Court, not supported by any record proof - It is also a finding in nature of declaration of a right - Similarly, case of 5th respondent also while it is a fact that unregistered documents were executed, no discussion is forthcoming as to why title was not passed on nor about possession - It is also noted that these are service inam lands and not assigned inam lands - Lastly, in this case also, Court notices that all the Pattadar Passbooks and also the entries in accounts are cancelled - This again is contrary to the law - Since detailed reasons are given while disposing W.P.No no further reasons are not elaborated and similar flaws and mistakes are noticed in the impugned order challenged in W.P.No.7408 of 2014 also - Writ petitions are allowed.

ORDER :

1. Writ Petition No.7403 of 2014 is filed for the following relief:

    “….to issue any appropriate Writ, order or direction, preferably a Writ in the nature of Mandamus declaring the Proceedings bearing No.D.Dis/(H)/682/2014, dated 05.02.2014 passed by the 2nd respondent, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India by setting aside the said proceedings and pending disposal of the above writ petition, suspend the operation of the Proceedings bearing No. D.Dis/(H)/682/2014, dated 05.02.2014 passed by the 2nd respondent, by directing the respondent not to dispossess the petitioners in respect of their agricultural lands, admeasuring AC.0.99 cents in Survey No.137/1B, Ac.0.07 Cents in Survey No.138/4B, Ac.0.99 cents in Survey No.137/1C, , Ac.0.07 Cents in Survey No.138/4C, , Ac.1.00 Cents in Survey No.137/1A and , Ac.0.08 Cents in Survey No.138/4A, situated in Srikalahasti village, Srikalahasti Mandal (under Tirupati Revenue District), Chittoor; and pass such other order or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

Writ Petition No.7408 of 2014 is filed for the following relief:

    “….to issue any appropriate Writ, order or direction, preferably a Writ in the nature of Mandamus declaring the Proceedings bearing No.D.Dis/(H)/4651/2014, dated 05.02.2014 passed by the 2nd respondent, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India by setting aside the said proceedings and pending disposal of the above writ petition, suspend the operation of the Proceedings bearing No. D.Dis/(H)/4651/2014, dated 05.02.2014 passed by the 2nd respondent, by directing the respondent not to dispossess the petitioners 1 to 4 in respect of their agricultural lands, admeasuring Ac.3.20 cents situated in Survey No.22 of Panagal Village, Srikalahasti Mandal (under Tirupati Revenue District), Chittoor and petitioner No.5 in respect of Ac.0-56 cents of agricultural land situate in Survey No.33/1 of Panagal village, Srikalahasti Mandal (under Tirupati Revenue District), Chittoor and pass such other order or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Since the subject matter and the relief sought for in both these matters are one and the same, W.P.No.7403 of 2014 is taken up for hearing with the consent of both the learned counsel.

3. This Court has heard Sri P. Rama Bhoopal Reddy, learned counsel for the petitioners, learned Government Pleader for Revenue appearing for the respondents 1 to 3 and Sri V.Eswaraiah Chowdary, learned counsel for the 4th respondent.

4. Learned counsel for the petitioners in W.P.No.7403 of 2014 submits that the petitioners are the absolute owners of the lands, which are the subject matter of the Writ Petition, having acquired the same through various sale deeds in 1997. All the lands are situated in Srikalahasti. The petitioners claiming that they have acquired the property from their vendors, who got the property through one Pasala Munaiah. The Pattadar Passbook and ROR books were in favour of the petitioners. After acquisition fresh Pattadar passbooks and title deeds were issued to the petitioners in 1997. It is submitted that the petitioners are in settled possession and enjoyment of the property. The 4th respondent, who claims to be a legal heir of the original allottee of the property, has made an application, which is treated as an appeal under the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short “ROR Act”) by the 2nd respondent, who entertained the same and passed the impugned order. Learned counsel for the petitioners submits that the order is ex facie bad in law because it is entertained far after the prescribed period of limitation. The acquisition of the property by the petitioners was in 1997, the Pattadar passbooks were issued in the year 2006 and the alleged appeal is filed in 2013-14. Learned counsel poi

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