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2023 Supreme(AP) 1037
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Subba Reddy Satti, J.
Siddabathula Ksheera Sagara Sayana, S/o Dr. Narasimha Rao - Petitioner
Vs.
The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District and two others - Respondent
Writ Petition Nos.17183, 17184, 17199 and 17202 of 2019
Decided On : 01-08-2023
Advocate Appeared:
For the Petitioner: Ms. Vakati Venkata Gnanusha
For the Respondent: GP for Revenue
The central legal point established in the judgment is the requirement for the appellate authority to consider all relevant aspects, provide reasons for its decision, and adhere to principles of natural justice in land dispute cases.
Headnote:
Writ Petitions - Land Dispute - Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 - [SUMMARY OF ACT SECTIONS: Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 - The court discussed the provisions of the Act and the Rules made thereunder, particularly Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 and Section 4(A)(1) of the Andhra Pradesh Assigned Land (Prohibition of Transfer) Act 9/1977. The court emphasized the importance of principles of natural justice and the duty of the appellate authority to consider all relevant aspects before making a decision. The court also highlighted the requirement for the appellate authority to provide reasons for its decision. The judgment set aside the proceedings and remanded the matter to the appellate authority for further consideration, emphasizing the need to furnish the report to the petitioners and provide them with an opportunity to submit objections.
Fact of the Case:
The petitioners purchased lands under registered documents, and their names were mutated in the revenue records. A complaint was filed alleging that the lands were assigned lands, leading to an enquiry and subsequent orders for resumption. The petitioners filed statutory appeals, which were dismissed by the appellate authority. The petitioners then filed writ petitions seeking relief from the court.
Finding of the Court:
The court found that the appellate authority's decision suffered from violations of principles of natural justice, as the report on which the decision was based was not furnished to the petitioners, and the appellate authority failed to consider earlier reports and provide reasons for its decision. The court set aside the proceedings and remanded the matter to the appellate authority for further consideration.
Issues: The issues revolved around the validity of the orders for resumption of the lands, the consideration of relevant reports and grounds of appeal by the appellate authority, and the adherence to principles of natural justice.
Ratio Decidendi: The court emphasized the importance of considering all relevant reports and grounds of appeal, providing reasons for decisions, and adhering to principles of natural justice. The judgment highlighted the duty of the appellate authority to conduct a proper and independent exercise of powers and functions.
Final Decision: The court set aside the proceedings and remanded the matter to the appellate authority for further consideration, emphasizing the need to furnish the report to the petitioners and provide them with an opportunity to submit objections.
ORDER :
W.P.No.17183 of 2019 is filed seeking the following relief:
“… to issue appropriate writ order more particularly one in the nature of writ of Certiorari calling for the records of the Sub-Collector and Sub-Divisional Magistrate, Parvatipuram pertaining to his order in D.Dis No.1598/2018/D (KRRC) dated 03.08.2019 dismissing the appeal of the petitioner and confirming the order of the Tahsildar, Therlam Mandal, in proceedings No.266/2017 dated 27.10.2017 and to quash both the said orders declaring that such orders are illegal, arbitrary, unjust and without proper application of the mind and against the evidence available on record and against the constitutional guarantees and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner pertaining to his lands in an extent of Ac.17-68 cents in Sy.No.6-1, 6-5P, 6-6P, 43-1, 43-3, 7-6, 7-2, 44-2P, 6-5P, 44-3, 6-6P, 7-8 of Velagavalasa Village, Therlam Mandal, Vizianagaram District.”
2. W.P.No.17184 of 2019 is filed seeking the following relief:
“… to issue appropriate writ order more particularly one in the nature of writ of Certiorari calling for the records of the Sub-Collector and Sub-Divisional Magistrate, Parvatipuram pertaining to her order in D.Dis No.1598/2018/D (KRRC) dated 03.08.2019 dismissing the appeal of the petitioner and confirming the order of the Tahsildar, Therlam Mandal, in proceedings No.266/2017 dated 27.10.2017 and to quash both the said orders declaring that such orders are illegal, arbitrary, unjust and without proper application of the mind and against the evidence available on record and against the constitutional guarantees and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner pertaining to her lands in an extent of Ac.7-79 cents in Sy.No.45-1, 43-8, 44-5 and 44-4 of Velagavalasa Village, Therlam Mandal, Vizianagaram District.”
3. W.P.No.17199 of 2019 is filed seeking the following relief:
“… to issue an appropriate writ order more particularly one in the nature of writ of Certiorari calling for the records of the Sub-Collector and Sub-Divisional Magistrate, Parvatipuram pertaining to her order in D.Dis No.1598/2018/D (KRRC) dated 03.08.2019 dismissing the appeal of the petitioner and confirming the order of the Tahsildar, Therlam Mandal, in proceedings No.266/2017 dated 27.10.2017 and to quash both the said orders declaring that such orders are illegal, arbitrary, unjust and without proper application of the mind and against the evidence available on record and against the constitutional guarantees and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner pertaining to her lands in an extent of Ac.5-81 cents in Sy.No.46-1 and 46-2 of Velagavalasa Village, Therlam Mandal, Vizianagaram District.”
4. W.P.No.17202 of 2019 is filed seeking the following relief:
“… to issue appropriate writ order more particularly one in the nature of writ of Certiorari calling for the records of the Sub-Collector and Sub-Divisional Magistrate, Parvatipuram pertaining to her order in D.Dis No.1598/2018/D (KRRC) dated 03.08.2019 dismissing the appeal of the petitioner and confirming the order of the Tahsildar, Therlam Mandal, in proceedings No.266/2017 dated 27.10.2017 and to quash both the said orders declaring that such orders are illegal, arbitrary, unjust and without proper application of the mind and against the evidence available on record and against the constitutional guarantees and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner pertaining to her lands in an extent of Ac.7-01 cents in Sy.No.6/7, 6/2, 44-2P, 43-3P and 7- 8P of Velagavalasa Village, Therlam Mandal, Vizianagaram District.”
5. Since the subject matter in the above writ petitions is one and the same, they are disposed by this common order.
6. a) Petitioners purchased their respective extents of lands, as
