Titupathi Kuppuswamy vs The Government Of Andhra Pradesh
2021 Latest Caselaw 4845 AP

       IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                          &
         HON'BLE MR. JUSTICE M.SATYANARAYANA MURTHY

                      WRIT APPEAL No. 319 of 2021
                                   &
                     WRIT PETITION No.15578 of 2020
                          (Proceedings through physical mode)
WRIT APPEAL No. 319 of 2021

 Tirupati Kuppuswamy
 S/o. late T. Sadhaiah, aged about 50 years,
 Resident of Keelagaram Dhalithavada village,
 V.K. Palem post, Narayanavanam Mandal,
 Chittoor District, A.P. and others.                            .. Appellants


         Versus

 The Government of Andhra Pradesh,
 Represented by its Secretary,
 Revenue Department, Secretariat,
 Amaravathi, Andhra Pradesh and others.                         .. Respondents

WRIT PETITION No.15578 of 2020

Tirupati Kuppuswamy S/o. late T. Sadhaiah, aged about 50 years, Resident of Keelagaram Dhalithavada village, V.K. Palem post, Narayanavanam Mandal, Chittoor District, A.P. and others. .. Petitioners

Versus The Government of Andhra Pradesh, Represented by its Secretary, Revenue Department, Secretariat, Amaravathi, Andhra Pradesh and others. .. Respondents

Counsel for the appellants/petitioners : Mr. V.V. Lakshmi Narayana

Counsel for respondents : G.P. for Revenue

COMMON JUDGMENT (ORAL) Dt: 25.11.2021 (per Prashant Kumar Mishra, CJ)

The present writ appeal came to be filed challenging the order

dated 06.04.2021 passed by the learned single Judge in W.P. No.15578

of 2020, which was filed against the inaction of the respondent No.3 in

considering the representation and taking appropriate action upon the

appellants/writ petitioners' representations dated 28.02.2020 and

04.03.2020 to enter their names as the persons in possession and

having title over the land in S.No.38/1 in an extent of Ac.13-50 cents of

Keelagaram village in Narayanavanam Mandal in Chittoor District in the

webland portal and not to proceed with issuing house site pattas in

respect of the subject land under "Navaratnalu Pedalandariki Illu"

scheme and for a consequential direction to the respondent No.3 to

proceed in accordance with law on the said representations.

2. The learned single Judge has dismissed the writ petition

adjudicating the merits of the petitioners' claim, which should have been

agitated before the concerned revenue authorities.

3. At this stage of the proceedings, learned counsel for the

appellants submits that the order under challenge may be set aside and

permission may be granted to withdraw the writ petition and the writ

appeal as well, with a liberty to the appellants/writ petitioners to submit

a fresh application before the respondent No.3 for consideration in

accordance with the provisions of the A.P. Rights in Land and Pattadar

Pass Books Act, 1971 and the Rules framed thereunder, notwithstanding

the findings contained in the impugned order passed by the learned

single Judge.

4. Accordingly, the order under appeal is set aside and the writ

appeal as well as the writ petition are disposed of as withdrawn with the

liberty prayed for. No costs. Pending miscellaneous application, if any,

shall stand closed.

PRASHANT KUMAR MISHRA, CJ M.SATYANARAYANA MURTHY, J

GM

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE M.SATYANARAYANA MURTHY

WRIT APPEAL No. 319 of 2021 & WRIT PETITION No.15578 of 2020 (per Prashant Kumar Mishra, CJ)

Dt: 25.11.2021

GM