Andhra Pradesh High Court - Amravati
State Of Andhra Pradesh, vs K. Sada Siva Reddy, on 4 November, 2024
Author: R. Raghunandan Rao
Bench: R Raghunandan Rao
1
APHC010603622017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3508]
(Special Original Jurisdiction)
MONDAY ,THE FOURTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT APPEAL NO: 1210/2017
Between:
State Of Andhra Pradesh, and Others ...APPELLANT(S)
AND
K Sada Siva Reddy ...RESPONDENT
Counsel for the Appellant(S):
1. GP FOR ASSIGNMENT (AP)
Counsel for the Respondent:
1. PILLIX LAW FIRM
The Court made the following Judgment:
(per Hon'ble Sri Justice R. Raghunandan Rao)
The respondent herein had been granted a DKT patta bearing
No.81/4/1406, dated 30.06.1997, granting an extent of Ac.4.79 cents in
various survey numbers at Vikruthamala Village, Yerpedu Mandal, Chittoor
District under the Ex-servicemen quota.
2. This assignment of land was cancelled, by an order dated
04.02.2009, issued by the Tahsildar, Yerpedu Mandal on the ground that the
land had not been brought under cultivation within the first three years and as
such, there was a violation of the conditions of grant which required
cancellation of the assignment.
3. This order was challenged by the respondent, by way of
W.P.No.12810 of 2016 on the ground that the said order had been passed
without notice to the respondent and the finding that the land had not been
brought into cultivation is incorrect.
4. A learned Single Judge of this Court, by an order dated
20.06.2017 had allowed the writ petition on the ground that the issuance of
pattadar pass book, by the Mandal Revenue Officer to the petitioner,
recording that the said land was under his self cultivation, negatived the
contention that the said land had not been brought under cultivation. The
learned single judge also took the view that the service of notice by planting a
stick on the land of the petitioner is not proper service of notice as held by the
erstwhile High Court of Judicature at Hyderabad for the State of Telangana
and the State of Andhra Pradesh in the case of Dodda Narasimhaiah vs.
District Collector1.
5. Aggrieved by the said order, the appellant had approached this
Court, by way of the present Writ Appeal.
MANU/AP/0405/2007
6. As held by the learned single judge, issuance of pattadar
passbook stating that the land was under self cultivation of the petitioner
disentitles the Tahsildar, Yerpedu Mandal to hold that the land was not
brought under cultivation. Further, issue of non cultivation between the period
1997 to 2000 has been raised for the first time in the year 2009 where it would
be impossible for the respondent to prove that he had infact cultivated the land
during that period. Apart from this, the service of the notice on the petitioner
by planting a stick on the land of the petitioner, cannot be treated as proper
service of notice to the petitioner, by any stretch of imagination.
7. In view of the aforesaid reasons, there is no ground to interfere
with the order of the learned Single Judge and this appeal is accordingly
dismissed.
8. However, direction of the learned single judge levying costs on
the appellants for a sum of Rs.10,000/- is set aside.
9. Accordingly, this Writ Appeal is dismissed. There shall be no
order as to costs.
As sequel, miscellaneous petitions, if any, shall stand closed.
________________________
R. RAGHUNANDAN RAO, J
_____________________________
MAHESWARARAO KUNCHEAM, J
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
&
HON'BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT APPEAL NO: 1210/2017
(per Hon'ble Sri Justice R. Raghunandan Rao)
Dt: 04.11.2024
RJS
