Andhra Pradesh High Court - Amravati

Guvvala Prameela, vs The State Of Andhra Pradesh, on 20 January, 2021

Bench: M.Ganga Rao

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI pees

WEDNESDAY ,THE TWENTIETH DAY OF JANUARY Zé on
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TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO,"

WRIT PETITION NO: 952 OF 2021 \~
Between:
_ Buwala Prameela,, W/o. Guvvala Shankaraiah, arb
Petitioner'
AND

AO The State of Andhra Pradesh,, Special Chief Secretary to Government Revenue
(Assignment) Department, Secretariat, Velagapudi, Andhra Pradesh
2. The State of Andhra Pradesh, , Represented by its Principal Secretary, Revenue
(Registration) Department, Secretariat, Velagapudi, Andhra Pradesh

3. The District Collector,, Kadapa, Kadapa District, Andhra Pradesh

4. The Revenue Division Officer,, Kadapa Division, Kadapa, Kadapa District,
Andhra Pradesh

5. The Tahasiidar.. TSundupalli Mandal, TSundupalli, Kadapa District, Andhra

rades \

6. The Commissioner andInspector General of Registration and Stamps,, Office
Address. 5-59, R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal,
AP, Vijayawada - 521151

7. a's Sub-Registrar, SRO, TSundupalli, TSundupalli Mandal, Kadapa District,

Respondents

WHEREAS the Petitioner above named through her Advocate P. Sree Ramulu Naidu presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus the action of the respondents more particularly 1. (a) declaring the action of the respondents in interfering with the peaceful possession and enjoyment, title without following due process of law and without issuing any notice and highhandedly entered into my private patta land bearing Sy.No.581/2 of TSundupalli Village, TSundupalli Mandal, Kadapa District, admeasuring Ac.3.83 Cents ploughed my redgram crop with JCBs on 04.01.2021 as illegal, highhanded, arbitrary, contrary to law, violative of principles of Natural Justice, Constitutional rights guaranteed under Art.300- A of the Constitution of India and Human Rights (b) declaring the action of the respondents in notifying the land of the Petitioner in Sy.Nos.581/2 of TSundupalli Village, TSundupalli Mandal, Kadapa District, admeasuring Ac.3.83 Cents in the Prohibitory List under Section 22-A (1) (a) of Registration Act, 1908 without mentioning the reason and recorded in classification as Assessed Waste extent 3.83 cents as illegal arbitrary, without application of mind, contrary to the provisions of Section 22-A (1) (a) of the Registration Act, 4908 and the Judgment passed in W.A.No.243/2015 and batch reported in 2016 (2) ALD 236 without assigning any provision of Statute as contemplated, violative of Art. 14, 21, and 300-A of the Constitution of India and violative of Human Rights, consequently set aside the prohibitory list pertaining to petitioner in Sy.Nos.581/2 of TSundupalli Village, TSundupalli _ Mandal. Kadapa District, admensuring Ac.3.83 Cents kept under Section 22-A (I) (a) of Registration Act, 4908 at Serial Nos.698 in the Prohibitory list (c) direct the respondents to issue Pattadar Pass Books and Title Deeds for the land of the Petitioner in Sy.Nos.58 1/2 of TSundupalli Village, TSundupalli Mandal, Kadapa District, admeasuring Ac.3.83 Cents declaring the action of the respondents in rejecting application of the petitioner for mutation and up gradation of the name of the petitioner in revenue records for issuance of Pattadar Pass Books and Title Deeds through application No. RMU012005238942 and transaction ID - TA RMU012005238942 dated 23,09.2020 as illegal arbitrary, without application of mind, without assigning any reasons, violative of Art. 14, 21, and 300-A of the Constitution of India and violative of Human Rights.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P Sree Ramulu Naidu Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. The Special Chief Secretary, Revenue (Assignment) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Andhra Pradesh

2. The Principal Secretary, Revenue (Registration) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Andhra Pradesh

3. The District Collector, Kadapa, Kadapa District, Andhra Pradesh

4. The Revenue Division Officer, Kadapa Division, Kadapa, Kadapa District, Andhra Pradesh

5. The Tahasildar, TSundupalli Mandal, TSundupalli, Kadapa District, Andhra | Pradesh

6. The Commissioner and Inspector General of Registration and Stamps, Office Address. 5-59, R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, A.P, Vijayawada - 521151

7. The Sub-Registrar, SRO, TSundupalii, TSundupalli Mandal, Kadapa District, AP.,

are directed to show cause either appearing in person OF through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 24.02.2021 on which date the case stands posted for hearing

IA NO: 1 OF 2021

Petition under Section 451 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction directing the Respondents not to interfere with the title, possession and enjoyment of the petitioner pertaining to the land in Sy.Nos.581/2 of TSundupalli Villlage, TSundupalli Mandal, Kadapa District admeasuring an extent of Ac.3.83 Cents, pending disposal of WP No. 952 of 2021, on the file of the High Court.

The Court made the following: ORDER

Notice before admission.

Learned AGP for Revenue and Registration & Stamps takes notice for the respondents and waives further notice and seeks time to get instructions.

Learned counsel for the petitioner submits that the petitioner is in possession and enjoyment of the land admeasuring Ac.3.83 cents situated in Sy.No.581/2 of TSundupalli Village, by raising red gram. She succeeded to the property from her ancestors. Originally, the land was in the name of Boya Siddigadu as Pattadar and his name was reflected at S.No.1284 in RH as owner of the land. From 01.01.1983 to 20.09.2020 NIL encumbrances took place and the said fact establishes that Boya Siddigadu is the absolute owner of the land. The entries in the revenue records including the Khata numbers also establish that the land is a private patta land of the petitioner's predecessors in interest. While so, pursuant to the directions of the combined High Court in the judgment reported in 2016(2) ALD 236, the respondents have sent lists of properties under Section 22-A(1)(a) to (e). The respondents

highhandedly and illegally included the subject land of the petitioner in the

prohibited property list. under Section 22-A(1)(a). The petitioner has made applications for deletion of the land from the prohibited property list and for mutation and upgradation of her name in the revenue records. As the property is shown in the prohibited property list, the respondents, with an intention to distribute the lands under Housing Pattas, are interfering with the petitioner's possession over

the subject land, which is illegal and arbitrary.

Having regard to the facts & circumstances of the case, submissions of both the learned counsel and on perusal of the material record, this Court is prima facie satisfied that the petitioner has shown sufficient cause for grant of interim direction.

Accordingly, there shall be interim direction as prayed for.

Post on 24.02.2021. Dn

Sd/-P.VenkataRamana

TRUE COPY! anh ae Six SECTION OFFICER

4. The Special Chief Secretary, Revenue (Assignment) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Andhra Pradesh

The Principal Secretary, Revenue (Registration) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Andhra Pradesh

The District Collector, Kadapa, Kadapa District, Andhra Pradesh

The Revenue Division Officer, Kadapa Division, Kadapa, Kadapa District, Andhra Pradesh

The Tahasildar, TSundupalli Mandal, TSundupalli, Kadapa District, Andhra Pradesh

The Commissioner and Inspector General of Registration and Stamps, Office Address. 5-59, R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, A-P, Vijayawada - 521151

The Sub-Registrar, SRO, TSundupalli, TSundupalli Mandal, Kadapa District, A.P., (by RPAD- along with a copy of petition and affidavit)

8. One CC to Sri P Sree Ramulu Naidu Advocate [OPUC]

9. Two CCs to GP for Revenue,High Court of Andhra Pradesh. [OUT]

10 One spare copy

Qa a FO N

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HIGH COURT

MGRJ

DATED:20/01/2021

NOTICE BEFORE ADMISSION

WP.No.952 of 2021

POST ON 24.02.2021