Andhra Pradesh High Court
WP/25610/2020 of Tirumala Shivaram Vs The State of Andhra Pradesh on 31 December 2020
SRI JUSTICE M. GANGA RAO Writ Petition No.25652 of 2020 ORDER Questioning the action of the 1st respondent in including the petitioners’ lands, an extent of 322 Square Yards (Plot No.173) of the 1st petitioner, an extent of 322 Square yards (Plot No.167) of the 2nd petitioner, an
THE HON’BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.25652 of 2020
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ORDER
Questioning the action of the 1[st] respondent in including the petitioners’ lands, an extent of 322 Square Yards (Plot No.173) of the 1[st] petitioner, an extent of 322 Square yards (Plot No.167) of the 2[nd] petitioner, an extent of 322 Square Yards (Plot No.174) of the 3[rd] petitioner, and an extent of 322 Square Yards (Plot No.168) of the 4[th] petitioner [hereinafter referred to as ‘the subject lands’], situated in Sy.No.15/1 of Duvvada Village, Gajuwaka Mandal, Visakhapatnam District, in the list contained in the Annexure to G.O.Ms.No.193, Revenue (Assn.1) Department, dated 05.05.2016, the present writ petition is filed.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Registration and Stamps appearing for the respondents.
The case of the petitioners is that they are the absolute owners and possessors of the subject lands, having purchased the same under registered documents bearing document Nos.4561 dated 08.11.1985, 3124 dated 29.06.1985, 3125 dated 29.06.1985 and 3123 dated 29.06.1985 respectively. In the Village Settlement Register, the land situated in Sy.No.15/1 of Duvvada village is shown as patta land vide patta No.479 belonging to Sekhara Mantri Ramachandrayya, Sanaboyina Chinnayya, Mamidi Guruvulu, Galla Chellayya and Naravamsini Kondayya. Since the year 1939 several documents were registered in relation to different extents of land situated in Sy.No.15 of Duvvada village. However, the 1[st] respondent issued the impugned G.O.Ms.No.193, dated 05.05.2016, including the land in Sy.No.15 and its sub divisions in the annexure, under Section 22A(1)(e) of the Registration Act. The lands of the petitioners, MGR,J WP_25652_2020
which are part of the land situated in Sy.No.15/1, are shown at serial No.1415 of the annexure. Aggrieved thereby, the present writ petition is filed.
At the hearing, learned counsel for the petitioners submits that, in similar facts and circumstances, when the adjoining land owners in Sy.No.15/2 and 15/3 filed W.P.No.46139 of 2018, the combined High Court of AP allowed the said writ petition setting aside the inclusion of petitioners land therein, in the prohibited list of properties, in the annexure to G.O.Ms.No.193, dated 05.06.2016. Aggrieved by the said orders, the State preferred W.A.No.273 of 2020 and this Court by judgment dated 24.11.2020 dismissed the writ appeal. Therefore, the issue involved in this writ petition is squarely covered by the orders of this Court dated 19.12.2018 in WP.No.46139 of 2018.
The same is not disputed by the learned Assistant Government Pleader. However, he would submit that the writ appeal was not dismissed on merits but as the writ appeal was preferred with a delay of 581 days, this Court having found that no sufficient reason has been shown for filing the appeal belatedly, dismissed the application filed for condonation of delay and consequently dismissed the writ appeal.
A perusal of the order, dated 19.12.2018 in WP.No.46139 of 2018 reflects that this Court, in view of the submission of learned counsel for the petitioners therein that in similar circumstances this Court allowed WP.No.42044 of 2018 by order dated 23.11.2018, which is not disputed by learned Assistant Government Pleader for Revenue, allowed the said writ petition, for the reasons alike in the order, dated 23.11.2018 in WP.No.42044 of 2018.
Following the orders dated 19.12.2018 in WP.No.46139 of 2018 and for the reasons alike as were mentioned in the order dated 23.11.2018 in WP.No.42044 of 2018, this Writ Petition is also allowed setting aside the
inclusion of petitioners’ lands, an extent of 322 Square Yards (Plot No.173) of the 1[st] petitioner, an extent of 322 Square yards (Plot No.167) of the 2[nd]petitioner, an extent of 322 Square Yards (Plot No.174) of the 3[rd] petitioner, and an extent of 322 Square Yards (Plot No.168) of the 4[th] petitioner in the list contained in the Annexure to G.O.Ms.No.193, Revenue (Assn.1) Department, dated 05.05.2016.
There shall be no order as to costs.
Pending interlocutory applications, if any, shall stand closed.
31.12.2020 Vjl
______________ M.GANGA RAO, J