Andhra Pradesh High Court - Amravati
Naralasetti Tatarao vs The State Of Andhra Pradesh, on 7 July, 2021
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.21952 of 2020
ORDER:
It is the case of the petitioner that he was in possession of
Ac.0.12 cents of land in Sy.No.88/5 of Vompolu Village,
Mungapaka Mandal, Visakhapatnam District on account of the
fact that the father of the petitioner had purchased the said land
by way of Registered Sale Deed dated 26.10.1984. He submits
that he received notice dated 29.09.2020, said to have been
issued under Rule 15 of A.P.Charitable and Hindu Religious
Institutions & Endowments Immovable Properties and Other
Rights (Other than Agricultural Lands) Leases and Licenses
Rules, 2003 (hereinafter called the "Agricultural Land Rules") by
the 3rd respondent calling upon him to vacate the said land as
he was an encroacher and in unauthorised occupation of the
land.
2. Aggrieved by the said notice, the petitioner has now
approached this Court.
3. Smt.T.V.Sridevi, learned counsel for the petitioner
would submit that notice has been issued under Rule 15 (1) &
(2) of the Agricultural Land Rules, which permit the 3rd
respondent to evict the petitioner even without approaching the
Endowment Tribunal as required under Section 83 of the
Endowment Act, 1987. She submits that these Rules have been
struck down by a Division Bench of this Court by Judgment
dated 04.07.2018 in W.P.No.34361 of 2016 and batch. She
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W.P.No.21952 of 2020
submits that as the said Rules themselves are not on the statute
book, no further action can be taken on the basis of the said
notice and the said notice would have to be quashed.
4. The 3rd respondent had filed a counter stating that
the land had been handed over by the petitioner to the 3rd
respondent on 19.11.2020, and as such, nothing survives in the
writ petition.
5. A reply affidavit has been filed by the petitioner,
denying his signature on the "Bhoomi Appaginta Patram" that
has been filed by the 3rd respondent with the vacate petition.
Smt.T.V.Sridevi, learned counsel for the petitioner would also
point out to certain discrepancies in the document. The
petitioner has also filed photographs along with the reply
affidavit showing that he was in possession of the land, as late
as, February, 2021.
6. Even though the proceedings of handing over of
possession, dated 19.11.2020 have been filed by the 3rd
respondent, the said proceedings do not appear to be credible
on account of the fact that the petitioner has approached this
Court on the very same day by way of the present writ petition.
It would be hard to understand as to why the petitioner, who is
said to have voluntarily handed over his land, would again
approach this Court by travelling to Vijayawada during Covid-19
pandemic and file the present writ petition. The said document
does not inspire confidence and cannot be the basis for any
decision by this Court.
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W.P.No.21952 of 2020
7. Sri K.Madhava Reddy, learned Standing Counsel for
3rd respondent would submit that a perusal of the notice would
show that even though the notice is said to have been issued
under Rule 15 (2) & (3) of the Rules, the said notice does not
state that the petitioner would be evicted unilaterally. He would
submit that this notice may be treated as a notice under Section
83 of the Endowments Act, and liberty be given to the 3rd
respondent to initiate action in accordance with Section 83 of
the Endowment Act.
8. In view of the Judgment of the Division Bench dated
04.07.2018 in W.P.No.34361 of 2016 and batch, the present
writ petition is allowed setting aside the notice dated 29.09.2020
as it has been issued under a provision of Law, which is not in
existence. However, the 3rd respondent is at liberty to initiate
appropriate action, if he thought fit, to evict the petitioner by
following the procedure established by law and in accordance
with Section 83 of the Endowments Act, 1987. There shall be no
order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________
R. RAGHUNANDAN RAO, J.
07th July, 2021
RJS
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W.P.No.21952 of 2020
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.21952 of 2020
07th July, 2021
RJS
