Vallabhaneni Ravi Kumar, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 761 AP

                     THE HON'BLE SRI JUSTICE M. GANGA RAO

                           Writ Petition No.3375 of 2021

ORDER

Questioning the action of the 1st respondent in including the petitioner's

lands, an extent of 234 Square Yards (Plot No.170) and an extent of 322 Square

yards (Plot No.169) [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 petitioner and learned Assistant

Government Pleader for Registration and Stamps appearing for the

respondents.

The case of the petitioner is that he is the absolute owner and possessor

of the subject lands, having purchased the same under registered documents

bearing document Nos.5836 of 2004 dated 22.11.2004 and 170/2005 dated

06.01.2005 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 1st 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 petitioner, 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.

MGR,J WP_3375_2021

At the hearing, learned counsel for the petitioner 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 petitioner's lands, an extent of 234 Square Yards (Plot No.170) and

an extent of 322 Square yards (Plot No.169) in Sy.No.15/1 of Duvvada Village,

MGR,J WP_3375_2021

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.

There shall be no order as to costs.

Pending interlocutory applications, if any, shall stand closed.

______________ M.GANGA RAO, J 11.02.2021 Vjl