Dismissed

Smt Dundu Kanthamma v. The State of Andhra Pradesh

Andhra Pradesh HC6 Oct 2020WP/13769/2020

Case brief

AI extract

What is this about?

The Court dismissed a writ petition filed under Article 226 challenging the revenue department's possession of lands without an inquiry, which had already been adjudicated in a prior revenue recovery proceeding. The Court held that no valid reasons existed to grant relief, and the land was subsequently handed over to a school authority.

What did the court decide?

The Writ Petition seeking declaration of illegality and restraint on possession and direction for inquiry under the A.P. (Scheduled Areas Ryotwari Settlement) Regulation, 1970, was dismissed.

Smt Dundu Kanthamma Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.13769 OF 2020

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ORDER:

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The Writ Petition is filed for the following relief:

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"To issue a writ of mandamus declaring the action of the Respondents from seeking to take possession of petitioner’s lands of extent of Ac.12.40 cents in R.S.No.95/1, 95/3, 95/4 of Rajavommangi village and Mandal, East Godavari District without conducting any enquiry under A.P. (Scheduled Areas Ryotwari Settlement) Regulation, 1970, as illegal, arbitrary and violative of Art. 14, 21 and 300A of the Constitution of India and consequently restrain the respondents from taking possession of the said land and further direct the Respondents to conduct enquiry as per A.P. (Scheduled Areas Ryotwari Settlement) Regulation, 1970, and pass such other orders."

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A counter affidavit deposed by the Tahsildar, Rajavommangi Mandal, East Godavari District, the 4^th respondent herein, is filed. Along with the said counter affidavit, the orders of the Court of the Special Deputy Collector, Tribal Welfare, Rampachodavaram, vide L.T.R.P. No.40/2001 dated 03.07.2002, is also filed as a material paper. The said order clearly indicates that the predecessor of the petitioners herein, one Sri Kadullu Sanyasi, son of Atchanna, Rajavommangi failed to succeed and the Special Deputy Collector directed to take necessary steps to cancel the D-pattas. It is stated in the counter affidavit that after adjudication of the issue in L.T.R.P. No.40/2001 dated 03.07.2002, possession had been taken by the revenue department and on 06.06.2020, the revenue authorities handed over the land to Ekalavya Model School authority.

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In view of the above circumstances, this Court does not find any valid reasons to grant any relief in favour of the petitioners herein.

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Accordingly, this Writ Petition is dismissed. Miscellaneous Petitions pending, if any, in this case shall stand closed. There shall be no order as to the costs of the Writ Petition.

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___________________ A.V.SESHA SAI, J

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Date: 06.10.2020 siva

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.13769 OF 2020

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Date: 06.10.2020

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siva

Smt Dundu Kanthamma v. The State of Andhra Pradesh

Case brief

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Smt Dundu Kanthamma v. The State of Andhra Pradesh

Case brief

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