Andhra Pradesh High Court - Amravati
Potluri Panduranga Rao vs The State Of Ap on 8 February, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.2626 OF 2021
ORDER:-
This petition is filed under Article 226 of the Constitution of
India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the
nature of Writ of mandamus, declaring the action of the 1st respondent
in including the petitioners land to an extent of Ac. 269 Sq.yds situated
in Sy.No.15/1 (1st Petitioner) and to an extent of 350 Sq.yds, situated
in Sy.No.15/2 (2nd Petitioner) of Duvvada Village, Gajuwaka Mandal,
Visakhapatnam District, as shown in the list at Serial No.1415 and
1416 respectively, of the Annexure to G.O.Ms.No.193, Revenue
(Assn.1) Department, dated 05.05.2016 as illegal, arbitrary, violative
of Article 14, 21 and 300-A of the Constitution of India and
consequently direct the 1st respondent to delete the petitioners land
from the prohibited property list".
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
No.856, dated 13.04.1987 and document No. 1605 of 1987,
dated 16.07.1987 respectively. In the Settlement Fair Adangal,
the land situated in Sy.No.15 of Duvvada village is shown as
patta land 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 1st respondent
issued the impugned G.O.Ms.No.193, dated 05.05.2016,
including the land in Sy.No.15 and its sub division number in
the annexure to the said G.O, under Section 22A(1)(e) of the
Registration Act. The land of the petitioners, which is part of the
land covered by Sy.No.15/1 and 15/2, is shown at serial
No.1415 and 1416 of the annexure is patta land. Being
aggrieved by the arbitrary action of the respondents, this 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, before the combined High Court of AP
and the same was allowed, 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 passed in
WP.No.46139 of 2018 by this Court, shows that considering the
submission of learned counsel for the petitioners therein that in
similar circumstances this Court allowed W.P.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 passed in
W.P.No.46139 of 2018 and for the reasons alike, this Writ
Petition is also allowed, setting aside the G.O.Ms.No.193,
Revenue (Assn.1) Department, dated 05.05.2016, in so far as
inclusion of petitioners' lands to an extent of Ac. 269 Sq.yds
situated in Sy.No.15/1 (1st Petitioner) and to an extent of 350
Sq.yds, situated in Sy.No.15/2 (2nd Petitioner) of Duvvada
Village, Gajuwaka Mandal, Visakhapatnam District, in the list
annexed to the said G.O. There shall be no order as to costs.
Pending interlocutory applications, if any, shall stand closed.
__________________________
JUSTICE M. GANGA RAO
Date: 08.02.2021
KK
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.2626 OF 2021
W
Date: 08.02.2021
KK
