Andhra Pradesh High Court - Amravati
Koripella Subba Rao, vs The State Of Andhra Pradesh, on 6 January, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.36 of 2021
ORDER
Questioning the action of the 1st respondent in including the
petitioner's land, a total extent of 1400 Sq.yards, plot Nos.130, 131, 148
and 149 of 1st petitioner, an extent of 350 sq.yards, plot Nos.134 of 2nd
petitioner, an extent of 350 sq.yards, plot No.133 of 3rd petitioner and an
extent of 270 sq.yards, plot No.200 of 4th petitioner situated in
Sy.No.15/1 of Duvvada Village, Gajuwaka Mandal, Visakhapatnam
District as shown in the list at serial No.1415 of the Annexure to
G.O.Ms.No.193, Revenue (Assn.1) Department, dated 05.05.2016, illegal
and arbitrary. Hence, the present writ petition is filed.
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 the petitioners are the absolute
owners and possessors of house plots in Sy.No.15/1 of Duvvada village
and the 1st petitioner purchased the plot an extent of Ac.1.00 cents
under a registered sale deed, dated 06.04.1984 vide document No.1357
of 1984, 2nd petitioner purchased the plot an extent of 350 Sq.yards
under a registered sale deed, dated 27.10.1998 vide document No.2728
of 1998, 3rd petitioner purchased the plot an extent of 350 Sq.yards
under a registered sale deed, dated 27.10.1998 vide document No.2727
of 1998 and 4th petitioner purchased the plot an extent of 270 Sq.yards
under a registered sale deed, dated 21.06.1989 vide document No.1365
of 1989 from Sekara mantri Ramachandrayya. 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 land of the petitioner, which is part of the
land situated in Sy.No.15/1, is shown at serial No.1415 of the annexure.
Aggrieved thereby, the present 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, 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
combined High Court of Andhra Pradesh 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 petitioners' land, an extent of 1400
Sq.yards, 350 sq.yards, 350 sq.yards and 270 sq.yards situated in
Sy.No.15/1 of Duvvada Village, Gajuwaka Mandal, Visakhapatnam
District in the list at serial No.1415 of 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
06.01.2021
KLPD
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITON NO.36 of 2021
Date: 06-01-2021
KLPD
