B Arunamma vs State Of Ap
2021 Latest Caselaw 1193 AP

       IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


     HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                     &
            HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                     WRIT APPEAL No.107 of 2021

                  (Taken up through video conferencing)

B. Arunamma, W/o B. Ramanna,
Aged about 38 years, R/o Cheruvuvandlapalli,
Nallamanda Post and Mandal,
Ananthapur District, Andhra Pradesh
                                                     .. Appellant
         Versus

State of Andhra Pradesh
Rep., by its Principal Secretary,
Revenue Department, Secretariat,
Velagapudi, Amaravathi and others.
                                                     ..Respondents.

Counsel for the Appellant : Mr. T. Vishnu Teja

Counsel for respondent Nos.1 to 4 : Government Pleader for Revenue

Counsel for respondent No.5 :Mr. V. Vinod K. Reddy, standing counsel

ORAL JUDGMENT

Dt: 26.02.2021

(per Arup Kumar Goswami, CJ)

Heard Mr. T. Vishnu Teja, learned counsel for the appellant and

Mr. G.L. Nageswara Rao, learned Government Pleader for Revenue for

respondents No.1 to 4.

2. This writ appeal is presented against the order dated 24.12.2020

passed by learned single Judge in W.P.No.24922 of 2020, whereby the writ

petition filed by the present appellant along with others, was dismissed on

the ground of suppression of material facts.

3. The learned Assistant Government Pleader for Revenue on

instructions had submitted that the writ petitioners are not landless poor

and they are having plots. The suppression of material facts, which the

learned single Judge adverted to in the order, are that the facts disclosed

by the learned Assistant Government Pleader were not pleaded by the writ

petitioners in the affidavit filed in support of the writ petition.

4. A perusal of the averments made in paragraph No.4 of the affidavit

in the writ petition would go to show that the extent of land possessed by

each of the writ petitioners was clearly indicated, and it was also stated that

they have D-patta lands. No doubt, in paragraph No.3, a statement was

also made to the effect that the writ petitioners are landless poor persons.

But when such statement is amplified by giving details with regard to the

property in their possession, we are of the considered opinion that it would

not be justified to dismiss the writ petition on the ground of suppression of

material facts.

5. In the above circumstances, we are of the view that there is no

suppression of material facts and the writ petitioners made true and correct

disclosure of relevant facts. Taking that view, we set aside the order of the

learned single Judge dated 24.12.2020 in W.P.No.24922 of 2020, and

remand the matter to the learned single Judge for fresh consideration.

6. Accordingly, the Writ Appeal is allowed. No costs. Pending

miscellaneous applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ LALITHA KANNEGANTI, J Nn

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT APPEAL No.107 of 2021

(per Arup Kumar Goswami, CJ)

Dt: 26.02.2021

Nn