IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
Ravi Cheemalapati, J.
Vizag Social Profiles Organization - Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No. 27656 of 2018
Decided On : 30-12-2022
| Table of Content |
|---|
| 1. claim about land's classification and historical ownership. (Para 2 , 3 , 4) |
| 2. arguments related to government classification and allegations of record tampering. (Para 6 , 7 , 8) |
| 3. acknowledgment of dispute over land title and classification. (Para 9 , 10 , 11) |
| 4. further evidence presented regarding land ownership rights. (Para 12 , 13 , 14) |
| 5. court review of actions and orders relating to land classification. (Para 18 , 19 , 20 , 21) |
| 6. previous resolutions on land classification upheld against new claims. (Para 22 , 23 , 24 , 25) |
| 7. court's scrutiny of authority in reviewing prior decisions. (Para 27 , 28 , 29 , 30) |
| 8. final decision to uphold previous rulings regarding land ownership. (Para 34 , 35) |
ORDER :
Ravi Cheemalapati, J.
This Writ Petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India for the following relief:
2. The case of the petitioner, in brief, is that one Devara Appaiah was the pattadar of zeroyithi land in Survey Nos.153/1, 153/3 and 154/1 co-relates to old Survey Nos.183/1 and 183/3 and the settlement adangal prepared during post abolition period and all the revenue records such as 10(1) adangal, settlement fair adangal and the present adangal as well as the survey records i.e. the oldest record in the survey being the Gillmen Register also refers that these lands are private lands and Devara Appaiah was the pattadar. The assistant settlement officer also granted settlement patta under section 11(a) of the A.P.Estate (Abolition & Conversion into ryothwari) Act,1948 in favour of Devara Appaiah. It is the further case of the petitioner that he has purchased the land in Sy.Nos.153/1, 153/3 and 154/1 from the said Devara Appaiah under two registered sale deeds bearing document Nos.2533 and 2534 of 2007 and after the said purchase, when he made applications for grant of pattadar passbooks and title deeds, the Tahsildar, Visakhapatnam Rural rejected their applications on the ground that the subject land is a government land and the same is notified under Section 22-A of the REGISTRATION ACT . Aggrieved thereby, the petitioner filed W.P.No.26335 of 2008 before the High Court and the said writ petition has been later withdrawn seeking liberty to file an appeal before the Revenue Divisional Officer under Section 5 (5) of the A.P. Rights in Land and Pattadar passbooks Act. Accordingly, the petitioner preferred appeal in Rc.No.6116/2009/C before the Revenue Divisional Officer, Visakhapatnam and the said appeal was allowed by the Revenue Divisional Officer vide orders dated 29.09.2009, after conducting elaborate enquiry and after verifying the entire record, giving a categorical finding that the said land is a rythwari zeroithi land but not government land and Sri Devara Appaiah is the pattadar vide patta No.163. However, the RDO directed the Tahsildar, Visakhapatnam Rural of incorporate the changes in the revenue records after obtaining permission from the District Collector, Visakhapatnam for deleting the said land from Section 22-A of REGISTRATION ACT . Later, when the petitioner approached the Tahsildar, he was directed to get
Gas Authority of India Limited vs. The Competent Authority and Special Deputy Collector
The judgment underscores the importance of revenue records in establishing land ownership and the burden on the government to prove its title in land disputes.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
Point of Law : The Doctrine of audi alteram partem has three basic essentials, a person against whom an order is required to be passed or whose rights are likely to be affected adversely must be gran....
A simple sale deed cannot be regularized after a lengthy delay without adhering to statutory procedures, highlighting jurisdiction issues and due process in land disputes.
The necessity of reasoned orders and the illegality of arbitrary orders vesting the land in the State Government under Section 79A of the Gujarat Land Revenue Code, 1879.
Unjust and improper vesting of land in the State Government, based on unproven allegations and unreasoned orders, is in violation of the principles of natural justice and contrary to the policy of re....
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