HIGH COURT OF ANDHRA PRADESH
D Ramesh, J
A K Bahamani – Appellant
Versus
State of Andhra Pradesh – Respondent
WRIT PETITION NO: 22387/2024
| Table of Content |
|---|
| 1. summary of facts involving assignment of land and subsequent encroachment/acquisition. (Para 1 , 2 , 3 , 4 , 5) |
| 2. reference to prior judicial findings and the subsequent rejection order by revenue authorities. (Para 6 , 7) |
| 3. competing contentions regarding the validity of title and possession of the assigned land. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court's decision to remand the matter for compliance with previous judicial orders. (Para 13 , 14) |
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Rc.No.A/146/2016, dated 16.03.2024 issued by the respondent No.4 in rejecting my claim for compensation for the land in an extent of Ac.4.10 cents in Sy.No.238/2 (New.Sy.No.236/3) of Tatiparthi Village, Thottambedu Mandal, Tirupati District, stating that the same does not belong to me and the Pattadar Passbook submitted by me is not genuine one quite contrary to the Orders, dated 18.02.2022 made in W.P.No.33282 of 2016 on the file of this Hon'ble Court as arbitrary, illegal, colourable exercise of power and contrary to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 apart from being violative of fundamental and Constitutional Rights guaranteed to me under Article 14,19 and 21 of Constitution of India and consequently direct the respondents to pay me compensation for the land in an extent of Ac.4.10 cents in Sy.No.238/2 (New Sy.No.236/3) of Tatiparthi Village, Thottambedu Mandal, Tirupati District as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by setting aside the proceedings in Rc.No.A/146/2016, dated 16.03.2024 issued by the respondent No.4 and pass
IA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider my claim for compensation for the land in an extent of Ac.4.10 cents in Sy.No.238/2 (New Sy.No.236/3) of Tatiparthi Village, Thottambedu Mandal, Tirupati District, pending disposal of the Writ Petition and pass
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave permitting the petitioner to file the reply affidavit and pass
Counsel for the Petitioner:
1.V R REDDY KOVVURI
Counsel for the Respondent(S):
1.GP FOR REVENUE
The Court made the following:
ORDER:
The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the 2nd respondent in not altering the revenue records under Section 5 A of Section 5Aof A.P. Rights in Land and Pattadar Pass Books Act, 1971 and deleting petitioners name from l-B Register without notice and not issuing NOC for agricultural service connection from APSPDCL at the behest of 4th respondent for an extent of Ac.1.06 Cents in Sy.No.1136, Chennampalli Revenue village as arbitrary, illegal, misconceived, and violative of the principles of natural justice and Article 14, 19, 21, 300-A of the Constitution of India and consequently direct the respondents to restore the name of the petitioner in the revenue record as per Section 5 A of 1971 Act, and not to interfere with possessing and enjoyment of the subject land and grant such other relief and to pass….”
2. Heard M/s. V.R.Reddy Kovvuri, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents.
3. Learned counsel for
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