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2023 Supreme(AP) 128

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D.V.S.S. SOMAYAJULU, J.
Chintapalli Jahnavi – Petitioner
Versus
The State of Andhra Pradesh – Respondent
W.P. Nos. 7462, 16830 of 2018
Decided On : 19-01-2023

Advocates:
Advocate Appeared:
For the Petitioner: M.R.K. Chakravarthy.

Headnote:

Andhra Pradesh Capital Region Development Authority Act 2014 - Section 112 - Andhra Pradesh Capital City Land Pooling Scheme Formulation and Implementation Rules, 2015 - Constitution of India,1950 - Articles 14 19(g) and 300A - Possession of Land - Property dispute - Jurisdiction of High Court to decided disputed question - Held, Court therefore does not wish to pronounce anything on merits of matter. All issues that are raised are left open for a decision by competent authority - Competent authority is therefore directed to look into claims of both sets of petitioners in terms of Act Rules framed there Land Pooling Scheme in year - Court is of the opinion that keeping the writ petition pending in these peculiar circumstances is not really warranted. Even otherwise, there are very seriously disputed questions of fact involved in these cases, starting with title to the property the execution of the sale deeds itself the possession etc. These cannot be decided in writ petition under Article 226 of the Constitution of India - Writ Petitions are Disposed of

ORDER :

1. Both these writ petitions were taken up for hearing together as common questions of fact and law arise in the same.

2. The land involved in these writ petitions is in Sy. Nos. 290 and 293 of Undavalli village.

3. The writ petitioners in W.P. No. 7462 of 2018 (who are respondents 7 to 10 in WP. No. 16830 of 2018) claim to be the owners of the property having acquired the same under registered sale deeds.

4. The writ petitioners in W.P. No. 16830 of 2018 claim to be original assignees/legal heirs of assignees, who were allotted the land in 1978 through DKT pattas. Both the parties are claiming title and possession to the same property.

5. The prayer in W.P. No. 7462 of 2018 is as follows:

    “.......to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not disposing the claim of the Petitioners in respect of their lands admeasuring Ac. 37.63 Cents situated in Survey Nos.290 to 293 of Undavalli Village, Tadepalli Mandal, Krishna District as per Section 112 of the Andhra Pradesh Capital Region Development Authority Act 2014 (A.P. Act No. 11 of 2014) and the Andhra Pradesh Capital City Land Pooling Scheme Formulation and Implementation Rules, 2015 and set aside the order dated 18.01.2018 in Assignment Case D. Dis. No. 3946/2017-K of the Revenue Divisional Officer as being illegal, arbitrary, violative of principles of natural justice and Articles 14 19(g) and 300A of the Constitution of India and consequently direct the 3rd respondent to take possession of the petitioners lands and decide their claim in accordance with the law or in the alternative in the interests of justice direct the 3rd respondent to take possession of the Petitioners lands and dispose the Petitioners claim in terms of the G.O.Ms. No. 41, MA and UD (CRDA-II) department, dated 17.02.2016 and Andhra Pradesh Capital City Land Pooling Scheme Formulation and Implementation Rules 2015 and pass......”

6. The prayer in W.P. No. 16830 of 2018 the prayer is as follows:

    “.....to pass an order or orders direction or a Writ or more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings No. D. Dis. No. 3946/2017-K dated 18.01.2018 as illegal, arbitrary and violative of A.P. Assigned Lands (POT) Act, 1977 apart from being violative of Article 14, 21 and 300-A of Constitution of India and consequently set aside the same by directing the 6th Respondent to process the Petitioner’s applications made under Andhra Pradesh Capital Region Development Authority Act, 2014 and Andhra Pradesh Capital City Land Pooling Scheme (Formulation and Implementation) Rules 2015 and to extend all the benefits under the act and Rues the petitioners to the exclusion of the respondents 7 to 11 without insisting upon for incorporation of names of the petitioners in the revenue records in respect of lands admeasuring Ac. 39.11 cents in Sy. No. 290 to 293 of Undavalli Village, Tadepalli Mandal, Guntur District and pass.....”

7. Very extensive arguments were advanced by Sri M.R.K. Chakravarthy, learned counsel for the petitioners in W.P. No. 7462 of 2018 and Sri V.R.N. Prashanth for the unofficial respondents in W.P. No. 7462 of 2018 and writ petitioners in W.P. No. 16830 of 2018. For the State, the Government Pleader argued the matters.

8. A reading of the prayers would also make it clear that both the parties want the order dated 18.01.2018 passed by the Revenue Divisional Officer to be declared as illegal, void etc. Both the parties for their own reasons claim that this order has to be set aside.

9. It is also to be noted that the submissions of the petitioners in W.P. No. 7462 of 2018 is that after the enactment of Andhra Pradesh Capital Region Development Authority Act, 2014 (for short ‘Act 11 of 2014’) and the A.P. Capital City Land Pooling Scheme (Formulation and Implementation) Rules, 2015 (for short ‘the Rules’) they have made an application for development

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