Andhra Pradesh High Court
WP/31228/2024 of PATHARLAPALLI SATYANARAYANA Vs THE STATE OF AP on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAN (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31228 OF 2024 Between: Patharlapalli Satyanarayana, S/o.Duggisetty, Aged 39
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAN(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENTTHE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION NO: 31228 OF 2024
Between:
Patharlapalli Satyanarayana, S/o.Duggisetty, Aged 39 years, R/o.D.No.24-17-32,4thLine,Bhavajipeta, Vijayawada Urban, Vijayawada,KrishnaDistrict, Andhra Pradesh.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, RevenueDepartment, Secretariat, Velagapudi at Amaravathi,[Guntur][ District.]Department, Secretariat, Velagapudi at Amaravathi,[Guntur][ District.]
2. The District Collector, Vizianagaram District, Vizianagaram.
3. The Revenue Divisional Officer, Vizianagaram, Vizianagaram[District.]
4. The Tahsildar, Denkada Mandal, Denkada, Vizianagaram[District.]
5. The Agricultural Market Committee, Pusapatirega, VizianagaramDistrict, Rep.by its Secretary.District, Rep.by its Secretary.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ of Mandamus, or other appropriate writ, order ordirection.
(i) declaring the actionof the respondents more particularlytheRespondent Nos.4 and 5 herein in threatening to dispossess the petitionerfrom the land anextent of Ac.0.58 centsin Sy.No.209-2AsituatedatModhavalasaVillage,DenkadaMandal,VizianagaramDistrictwithoutconsidering the explanation dated 20-12-2024 submitted by the petitioner pursuant to the notice in Lr.No.538/2023C dated 16-12-2024 issued by theRespondent No.4 asillegal,arbitrary, unreasonable, without jurisdictionandviolative of Articles14,21and 300-A of the ConstitutionofIndiabesides violative of principles of Natural Justice,
(ii)declaringthenoticedated16-12-2024issuedbythe4threspondent hereinin respect of the petitioners land concernedis illegal,arbitrary, unreasonable, without jurisdiction and contrary to the provisionsAndhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the writ petition, the High Courtmay be pleased to direct the respondents 2 to 4 herein not to interfere andnot to dispossess the petitioner from the land an extent of Ac.0.58 cents inSy.No.209-2AsituatedatModhavalasaVillageDenkadaMandalVizianagaram District in any manner by suspending the[notice][ dated]16-12-2024 issued by the Respondent No.4in respect of petitioners landconcerned, pending disposal of the Writ Petition.
Counsel for the Petitioner:SRI P DURGA PRASAD
Counsel for the Respondents No.1 to 4: GP FOR REVENUECounsel for the Respondent No.5: M/s G N UMA RANI (SC[FOR]AGRICULTURE)
The Court made the following: ORDER
APHC010596482024IN THE HIGH COURT OF ANDHRA PRADESHr-AT AMARAVATI[3329](Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENTTHE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION NO: 31228/2024
Between:
Patharlapalli Satyanarayana...PETITIONERANDThe State Of Ap and Others...RESPONDENT(S)Counsel for the Petitioner:1.P DURGA PRASADCounsel for the Respondent(S):1.GP FOR REVENUE
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.31228 of 2024
This Court made the following
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
ThisinstantWritPetitionisfiledunderArticle226oftheConstitution of India by the Petitioner for the following[relief;]
to issue aWrit of Mandamus or other appropriate writ order or[direction]
(i) declaring the action of the respondents more particularly[the]Respondent Nos. 4 and 5 herein in threatening to dispossessthe petitioner from the land an extent of Ac 0.58 cents[in][ Sy][ No.]209-2A situatedat Modhavalasa Village, Denkada Mandal,Vizianagaram District without considering the explanation[dated]20.12.2024 submitted by the petitioner pursuant to[the][ notice][ in]Lr.No.538/2023C, dated 16.12.2024 issued by the RespondentNo 4 as illegal, arbitrary, unreasonable, without jurisdiction[and]violative of Articles 14, 21 and 300A of the Constitution[of][ India]besides violative of principles of Natural JusticeRespondent Nos. 4 and 5 herein in threatening to dispossessthe petitioner from the land an extent of Ac 0.58 cents[in][ Sy][ No.]209-2A situatedat Modhavalasa Village, Denkada Mandal,Vizianagaram District without considering the explanation[dated]20.12.2024 submitted by the petitioner pursuant to[the][ notice][ in]Lr.No.538/2023C, dated 16.12.2024 issued by the RespondentNo 4 as illegal, arbitrary, unreasonable, without jurisdiction[and]violative of Articles 14, 21 and 300A of the Constitution[of][ India]besides violative of principles of Natural Justice thenoticedated16.12.2024issuedbythe4(ii)declaringrespondent herein in respect of the petitioner’s land[concerned]unreasonable,withoutjurisdictionandrespondent herein in respect of the petitioner’s land[concerned]unreasonable,withoutjurisdictionandasillegal,arbitrary,contrary to the provisions Andhra Pradesh Rights in[Land][ and]Pattadar Pass Books Act, 1971 and pass.contrary to the provisions Andhra Pradesh Rights in[Land][ and]Pattadar Pass Books Act, 1971 and pass.
2. The case of the Petitioner is that the Petitioneris absolute ownerextent of Ac.0.58 cents in Sy.No.209-2Aand possessor of the land ansituated atModhavalasa Village, Denkada Mandal, Vizianagaram District from his vendor Sri Kalla Narayana by way ofhaving acquired the sameSince then he has beeninregistered sale deed dated 29.09.2023.
Theandenjoyment of the subjectproperty,peacefulpossessioncmutation Under Section 5 of AndhraPetitioner submitted application forPattadar Pass Books Act, 1971 (for shortPradesh Rights in Land and Act, 1971”).
th
of the Petitioner for mutation, the 53.While pending applicationcompliant stating that the 1“ RespondentRespondent herein submitted aRespondent.Pursuant to thealienated the subject property to the 5'Respondent issued notice datedcomplaint of theRespondent, the 4Petitioner to submit explanation and documents16.12.2024 directing thethesubjectproperty,onwhichthePetitionerclaimingrightoverexplanation on 20.12.2024.Accordingly, the Petitioner submitted anTherefore, the 4Respondent without considering the explanation of thePetitioner cannot be proceeded[further][ and][ the][ rights of][ the][ Petitioner]cannot be interfered.
learned Government Pleader submits that in4.On the other hand■the processof adjudicating the rights of the parties is concerned,theis contemplated u/s a as well as 5,J^is contemplated u/s a as well as 5,J^"subject hotree was issued which isin compliance of the request inin compliance of the request inAct 1971. Therefore, the subject notice ISapplication of the Petitioner.application of the Petitioner.
learned Standing Counsel forRespondent5.On the other handalienated by the 1®‘ Respondent andalienated by the 1®‘ Respondent andsubmits that the subject land was /
]
the5‘^ Respondentisin possession and enjoyment of[the]subjectproperty and as such the claim of the Petitioner cannot[be][ considered.]
6. Heard learned counsel for the Petitioner and learned[Government]Pleader for Revenue representing Respondent Nos.1 to[4][ and][ Ms.G.N.]UmaRani,learnedStandingCounselforRespondentNo.5andconsidered the material placed on record.
thatthe7.On perusal of the material on record,itis observedPetitioner herein said to have been acquired the subject[property][ through]deed dated 29.09.2023 from his vendor SriKallaaregisteredsalethe revenue records filed alongNarayana, S/o Late Gaddappa.As perwith the Writ Petition, which shows that the vendor[of][ the][ Petitioner]isto be Pattadar and possessor of the subject land.It[is][ further]appearsobserved since the Petitioner made an application formutationafteracquisition as required U/s 5 of the Act, 1971, the[4^^][ Respondent][ is]empowered to issue impugned notice for examinationof thetitle andpossession overthe subject property while considering the applicationofthe Petitioner. As contended by learned counsel for[the][ 5*^][ Respondent,]the 5^*^ Respondent is the absolute owner of the subject[property by][ way]Stof alienation by the1Respondent.Therefore, the 5"^ Respondent isentitled tomake his claim before the 4*^ Respondent pursuant to[the]notice dated 16.12.2024.
8In view of the facts and circumstances asjtatcd above, the WritPetition is disposed of directing the 4*^ Respondent[herein][ to][ consider][ the]explanationdated20.12.2024submittedbythePetitionerandanydocuments or explanation to be submitted by the 5*^ Respondent who isalsotakingclaimoverthesubjectpropertyandbyprovidinganopportunity of personal hearing to both the parties, the 4‘^ Respondentshall pass speaking orders in accordance with law within two (2) monthsfrom the date of receipt of documents or explanation to be submitted by5**^ Respondent.Till such time, the Respondents aredirectednottointerfere with the peaceful possession and enjoyment of the property ofthe Petitioner if the Petitioner is in possession of the subject property. Nocosts.
As a sequel, interlocutory applicationsif any pending,shall standclosed.
Sd/- B PRASADA RAOASSISTANT REGISTRARSECOFFICER
//TRUE COPY//
To,
1. The Principal Secretary, State of Andhra Pradesh,[Revenue]
Department, Secretariat, Velagapudi at Amaravathi,[Guntur][ District.]
2. The District Collector, Vizianagaram District, Vizianagaram.
3. The Revenue Divisional Officer, Vizianagaram, Vizianagaram[District.]
\
4. The Tahsildar, Denkada Mandal, Denkada, Vizianagaram[District.]
5. The Secretary, Agricultural Market Committee, Pusapatirega, Vizianagaram District,
6. OneCCto SRI. P. DURGA PRASAD, Advocate [OPUC]
7. Two CCs to GP FOR REVENUE, High Court of Andhra[Pradesh.][OUT][OUT]
8. One CC to SRI. G. N. UMA RANI, Advocate (SC FOR
AGRICULTURE)[OPUC]
9. Three C.D.Copies
nm
HIGH COURT
DATED:31/12/2024
ORDERWP.No.31228 of 2024
P18 FEB 2025gCurrent Section
DISPOSING OF THE WP WITHOUT COSTS