Andhra Pradesh High Court - Amravati
The State Of Andhra Pradesh, vs Y Balasubrahmanyam Died on 9 September, 2024
Author: R. Raghunandan Rao
Bench: R Raghunandan Rao
APHC010524112022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
MONDAY, THE NINTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT APPEAL NO: 926/2022
Between:
The State Of Andhra Pradesh, and Others ...APPELLANT(S)
AND
Y Balasubrahmanyam Died and Others ...RESPONDENT(S)
Counsel for the Appellant(S):
1. GP FOR ASSIGNMENT (AP)
Counsel for the Respondent(S):
1. RAM BABU DEVAVARAPU
The Court made the following Judgment: (per Hon'ble Sri Justice R. Raghunandan Rao)
An application for grant of Ryotwari Patta, under the provision of
the Estates Abolition Act, 1948, was made by Smt. Y. Rajamma for an extent
of Ac.0.38 cents of land in Sy.No.105/10 of Akkarampalle Village, Tirupati
RevenueMandal, Chittoor District.
2. After due enquiry, the Tahsildar, Chandragiri had also addressed
a communication dated 20.05.1985 to the District Collector, Chittoor setting
out the findings arrived in the course of the said enquiry.
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3. Thereafter, it appears that the original applicant passed away and
her son Sri Y. Balasubrahmanyam, and subsequently, his children, on his
demise, came into the picture as the applicants for obtaining Rytowari Patta
over the said land.
4. As there was a delay in considering the said application and
steps were being taken to evict Sri Y. Balasubrahmanyam and subsequently
his children, they approached the erstwhile High Court of Judicature at
Hyderabad for the State of Telangana and the State of Andhra Pradesh by
way of W.P.No.28662 of 2008, and subsequently, they also filed
W.P.No.26490 of 2011 which was disposed of on 21.09.2011.
5. In W.P.No.26490 of 2011, the erstwhile High Court of Judicature
at Hyderabad had directed disposal of the application submitted by Smt.
Y.Rajamma expeditiously by the District Collector, Chittoor. The Joint
Collector, Chittoor, by an order dated 06.08.2014, had passed orders on the
application granting Rytowari Patta to the legal heirs of Smt. Y.Rajamma.
6. The District Collector, Chittoor by his order dated 17.07.2015 set
aside the order of the Joint Collector, Chittoor on the ground that the erstwhile
High Court of Judicature at Hyderabad had directed the District Collector,
Chittoor to complete the proceedings and decide whether Rytowari Patta is to
be granted or not and the Joint Collector could not have passed the order.
7. After the said order had been passed, it appears that the
Tahsildar, Tirupati Urban Mandal had issued a notice dated 09.09.2015 calling
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upon the legal heirs of Smt. Y.Rajamma to vacate the said land as the order of
the Joint Collector had been set aside. Aggrieved by the said notice dated
09.09.2015, the legal heirs of Smt. Y. Rajamma moved W.P.No.30836 of 2015
for setting aside the said notice.
8. A Learned Single Judge of this Court disposed of both
W.P.Nos.28662 of 2008 & 30836 of 2015 by way of a common order, dated
25.03.2022, directing the respondents not to dispossess the petitioners therein
from the aforesaid land of Ac.0.38 cents pending proceedings under Section-
11(a) of the Estate Abolition Act, 1948 before the Joint Collector.
9. Aggrieved by this judgment dated 25.03.2022, the respondents
therein have filed the present Writ Appeal.
10. Heard the learned Government Pleader for Assignment
appearing for the appellants and Sri N. Subba Rao, learned Senior Counsel
appearing on behalf of Sri D. Rambabu, learned counsel for the un-official
respondents.
11. It may also be noted that a Learned Single Judge of the erstwhile
High Court of Judicature at Hyderabad, by an order dated 22.02.2017, in
WVMP.No.1034 of 2010 in WPMP.No.37515 of 2008 in W.P.No.28662 of
2008, had already taken the view that the order, dated 17.07.2015, of the
District Collector had been passed without notice and was violative of
principles of natural justice. However, the Learned Single Judge took the view
that the proceedings under the Estates Abolition Act, 1948 remain to be
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concluded by as the order of the District Collector dated 17.07.2015 had set
aside the order of the Joint Collector.
12. As matters stand, the Joint Collector has already passed an order
in favour of the petitioner for grant of Rytowari Patta in favour of the
petitioners. The order of the District Collector setting aside this order has
effectively been declared to be null void and as such, the order of the Joint
Collector dated 06.08.2014 would stand revived. Accordingly, the proceedings
under the Estates Abolition Act, 1948 have to be treated as concluded in
favour of the applicants.
13. In the circumstances, the question of the respondents vacating
the petitioners would not arise.
14. Accordingly, this Writ Appeal is dismissed. There shall be no
order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
________________________
R. RAGHUNANDAN RAO, J.
________________
HARINATH.N, J.
BSM
HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
AND
HONOURABLE SRI JUSTICE HARINATH.N
W.A No.926 OF 2022
(per Hon'ble Sri Justice R. Raghunandan Rao)
Date: 09.09.2024
BSM
