Telangana High Court
WA/2223/2004 of Beedilli Ganga Raju, s/o Appala Swamy Vs Gummalla Sai, s/o Sri Appa rao, on 28 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WAMP.NO. 3887 OF 2004 & WA.NO. 2223 OF 2004: WAMP.NO. 3887 OF 2004. IN WRIT APPEAL
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
HON'BLE SRI DEVINDER GUPTA,
CHIEF JUSTICE
and HON'BLE SRI JUSTICE M.NARAYANA REDDY
WAMP.NO. 3887 OF 2004 & WA.NO. 2223 OF 2004:
WAMP.NO. 3887 OF 2004.
IN
WRIT APPEAL NO : 2223 of 2004
( Petition filed under Section 151 C.P.C., praying that this Hon’ble Court maybe pleased to grant leave to the petitioners herein to prefer the present writappeal against the order made in W.P.No.21423 of 2004 dated 25.11.2004)
Between:
1 Beedilli Ganga Raju, s/o Appala Swamy, Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
2 Elle Bhujagaiah, s/o Musalaiah,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
3 Matha Appa Rao, s/o Naga Raju,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
4 Matha Rajabbai, s/o Pochaiah,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
5 Bunga Devadasu, s/o Soorayya,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
6 Perelli Subba Rao, s/o Sathayya,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
7 Chinnam Dhanuvulu, s/o Subbaiah,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
8 Matha Relliyya, s/o Naga Raju,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
..... PETITIONERS.
AND
1 Gummalla Sai, s/o Sri Appa Rao,
r/o Door No.14-73, Biccavolu Village & Mandal, E.G.District.
2.Tirubilli Ramana, s/o Sri Tata Rao,
r/o Door No.2-80, Biccavolu Village & Mandal, E.G.District.
3.Sidda Nuka Raju, s/o Sri Rayudu,
r/o Door No.14-76, Biccavolu Village & Mandal, E.G.District.
4.Potapudi Appa Rao, s/o Sri Sattayya,
r/o Door No.13-225, Biccavolu Village & Mandal, E.G.District.
5.Bulipa Simhachalam, s/o Bulipa Surayya, r/o Door No.2-81, Biccavolu Village & Mandal, E.G.District.
6.Katturi Rajayya, s/o Sri Venkanna,
r/o Door No.13-26, Biccavolu Village & Mandal, E.G.District.
7.T.Suri Babu, s/o late T.Tatayya,
r/o Door No.14-1, Biccavolu Village & Mandal, E.G.District.
8.The Andhra Pradesh Bhoodan Yagna Board, Gandhi Bhavan, Hyderabadrep., by its Secretary.rep., by its Secretary.
9.The Mandal Revenue Officer, Biccavolu Mandal, E.G.District.
.....RESPONDENTS
Counsel for the Petitioners : MR.V.VENKATARAMANACounsel for the respondent Nos. 1 to 7: MR. C.V. MOHAN REDDY.Counsel for the respondent No.8: MR. CHAYANAM RAVINDRANATH.
WRIT APPEAL NO : 2223 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated25/11/2004 in WP NO : 21423 OF 2004 on the file of the High Court.)25/11/2004 in WP NO : 21423 OF 2004 on the file of the High Court.)
Between:
1 Beedilli Ganga Raju, s/o Appala Swamy, Agricultural Coolie by Profession, r/o Biccavolu Village Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
2 Elle Bhujagaiah, s/o Musalaiah,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.3 Matha Appa Rao, s/o Naga Raju, Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
4 Matha Rajabbai, s/o Pochaiah,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
5 Bunga Devadasu, s/o Soorayya,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
6 Perelli Subba Rao, s/o Sathayya,
Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.& Mandal, E.G.District.
7 Chinnam Dhanuvulu, s/o Subbaiah, Agricultural Coolie by Profession, r/o Biccavolu Village Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
8 Matha Relliyya, s/o Naga Raju, Agricultural Coolie by Profession, r/o Biccavolu Village Agricultural Coolie by Profession, r/o Biccavolu Village & Mandal, E.G.District.
AND
..... APPELLANTS
1.Gummalla Sai, s/o Sri Appa Rao,
r/o Door No.14-73, Biccavolu Village & Mandal, E.G.District.
2.Tirubilli Ramana, s/o Sri Tata Rao, r/o Door No.2-80, Biccavolu Village & Mandal, E.G.District.3.Sidda Nuka Raju, s/o Sri Rayudu, r/o Door No.14-76, Biccavolu Village & Mandal, E.G.District.4.Potapudi Appa Rao, s/o Sri Sattayya, r/o Door No.13-225, Biccavolu Village & Mandal, E.G.District.5.Bulipa Simhachalam, s/o Bulipa Surayya, r/o Door No.2-81, Biccavolu Village & Mandal, E.G.District.6.Katturi Rajayya, s/o Sri Venkanna, r/o Door No.13-26, Biccavolu Village & Mandal, E.G.District.
7.T.Suri Babu, s/o late T.Tatayya,
r/o Door No.14-1, Biccavolu Village & Mandal, E.G.District.8.The Andhra Pradesh Bhoodan Yagna Board, Gandhi Bhavan, Hyderabadrep., by its Secretary.9.The Mandal Revenue Officer, Biccavolu Mandal, E.G.District.
Counsel for the Appellants : MR.V.VENKATARAMANACounsel for the respondent Nos. 1 to 7: MR. C.V. MOHAN REDDY.Counsel for the respondent No.8: MR. CHAYANAM RAVINDRANATH.
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
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ORAL JUDGMENT:
( per Hon’ble The Chief Justice )
…..
WAMP.NO. 3887 OF 2004:
Heard. Leave granted.
WA NO. 2223 OF 2004:
1 . Appellants were not parties to the writ petition, which was filed byrespondents 1 to 7 impleading respondents 8 and 9 as respondents 1 and 2
in the writ petition. Writ petitioners questioned the action of 8[th] respondentherein in R.No.E/653/94, dated 31.07.2004, in canceling allotment of the landin question, as arbitrary, illegal and violative of principles of natural justice.
2 . Writ petition was filed on 22.11.2004. When it came up for admission,learned single Judge disposed it of after noticing the stand which the writpetitioners had taken that order impugned in the writ petition had beenpassed in violation of the principles of natural justice stating that show causenotice dated 02.06.2004 was issued calling for explanation. Without affordinga reasonable opportunity, impugned proceedings were issued by respondentNo.1 in the writ petition. Learned single Judge disposed of the writ petition on25.11.2004 and set aside the proceedings dated 31.07.2004 issued by 1[st]respondent in the writ petition with direction to it to give a reasonableopportunity to the writ petitioners in accordance with the provisions of Section14 of the Andhra Pradesh Boodan and Gramdan Act, 1965 (for short ‘the Act’)and take appropriate decision, with further direction that till decision is taken,possession of the writ petitioners shall not be disturbed.
3. Grievance of the appellants herein is that before the writ petition was filed,they had already been assigned the land by the Bhoodan Yagna Board on18.11.2004 by issuing pattas and were put in possession on 25.11.2004.These facts, according to the appellants, were not brought to the notice of thelearned single Judge and thus they are feel aggrieved by the order passed bythe learned single Judge.
4. We have heard learned counsel for the parties.
5. Learned counsel for the appellants as well as learned counsel for the writpetitioners assert that they are in possession of the land. In this appeal we arenot going into the question as to whether appellants were or were not duly putin possession of the property on 25.11.2004 or whether possession of the land is with the writ petitioners or not. But it is a fact that writ petitioners werethe earlier assignees and by proceedings dated 31.07.2004 allotments werecancelled over the respective lands, which proceedings now stand set asidewith direction to A.P. Bhoodan Yagna Board, respondent No.8 herein, to givea reasonable opportunity to the writ petitioners in accordance with theprovisions of Section 14 of the Act and take appropriate decision thereupon.In the event of explanation of the writ petitioners is accepted, obviously therewill not be any occasion for further allotment and any action taken byBhoodan Yagna Board after 31.07.2004 must fall to the ground andappellants herein will have no right over the land. But in the event of BhoodanYagna Board reiterates its earlier decision, appellants rights will becomeenforceable.
6 . Therefore, we dispose of this appeal with direction that status quo asregards possession of the land in question shall continue to be maintained ason the day on which writ petition was disposed of, namely, 25.11.2004, andA.P. Bhoodan Yagna Board will complete the process of affording opportunityto the writ petitioners in accordance with the provisions of Section 14 of theAct as expeditiously as possible and pass appropriate orders thereupon,preferably within a period of three months from the date of receipt of a copy ofthis judgment from this Court. No costs.
____________________
DEVINDER GUPTA. C.J.,
_____________________
M. NARAYANA REDDY. J.,
VRK.
Note:
Operative portion by wire at
Parties cost.
(BO)
To
1. The Secretary, A.P. Bhoodan Yagna Board, Gandhi Bhavan,Hyderabad.
2. The Mandal Revenue Officer, Biccavolu Mandal, East Godavari District.3. Two CCs to G.P. for Revenue, High Court Buildings, Hyderabad (OUT).4. Two CD copies.
HON’BLE SRI DEVINDER GUPTA,
CHIEF JUSTICE
AND
HON’BLE SRI JUSTICE M. NARAYANA REDDY.
WAMP.NO.3887 OF 2004
AND
WA NO. 2223 OF 2004.
( Judgment of the Bench delivered by
Hon’ble The Chief Justice )
Dt: 28.12.2004.