Disposed

Sanke Pullaiah, v. Chunchu Narayanamma

Andhra Pradesh HC16 Nov 2022WP/12947/2015

Case brief

AI extract

What is this about?

The Supreme Court of India ordered the respondents to initiate steps to cancel a D-form patta issued erroneously to the 1st respondent within four weeks. The court directed that the petitioners not be dispossessed without following due process.

What did the court decide?

Directed respondents to initiate cancellation of D-form patta within four weeks; no dispossession of petitioners without due process.

Sanke Pullaiah, Vs Chunchu Narayanamma — Land Acquisition | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V. SUJATHA

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Writ Petition No.12947 of 2015

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ORDER :

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The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“to issue a Writ or Order more in the nature of Mandamus declaring the action of the 5^th respondent-Tahsildar, Vinjamur, in not cancelling the assignment patta, issued in favour of the 1^st respondent in File No.129/1410, dated .11.2004 as illegal, arbitrary and violative of principles of natural justice.”

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The case of the petitioner, in brief, is that the mother of the petitioner along with others were assigned land an extent of Ac.4.50 cents in Survey Nos.758/9, 770/2 and 771 situated at Chakalikonda village, Vinjamuru Mandal, Nellore District. After assignment, she made the land fit for cultivation and raised dry crops therein. After her death, the petitioner was cultivating the said land. While the things stood thus, as some of the villagers are preventing to cultivate the land, they made representation on 04.10.2010 to the District Collector, SPSR Nellore District to do justice. But, on the contrary, the 5^th respondentTahsildar, Vinjamur, issued show cause notice for

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W.P.No.12947 of 2015

resuming the land, on the ground that the assignee was not in possession of the land since the date of assignment. Aggrieved by the same, the present writ petition is filed.

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Today, when the matter came up for hearing, learned Government Pleader for Revenue placed on record a copy of the instructions in Rc.B.263/2020, dated 14.11.2022 issued by the Tahsildar, Vinjamur, wherein it is stated that the subject land was allotted to the mother of the petitioner, who is member of Cooperative Joint Farming Society and the assignee was not in possession of the subject land since several years. It is further stated that the Government liquidated all the Cooperative Joint Farming Societies in SPSR Nellore District as per the provision contained in G.O.Ms.No.288, Revenue (Assn.I) Department, dated 01.06.2018 and individual D-form pattas were issued to the existing occupants of the land as on date. As the subject land was not in possession as on the date of the proposal, individual D-form patta was not issued to any one and at present the subject land is vested with the Government. It is further stated that the subject

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W.P.No.12947 of 2015

land was erroneously granted in favour of the 1^st respondent vide F.Dis.No.129/1414 dated 28.10.2004 by the Mandal Revenue Officer, Vinjamur, without cancelling the lease granted to the mother of the petitioner, but the assignee never cultivated the subject land since date of assignment till date and that the action would be taken for cancellation of D-form patta issued in favour of the 1^st respondent.

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Having regard to the facts and circumstances of the case and in view of the fact that having admitted that the D-form patta was granted erroneously in favour of the 1^st respondent, the respondents failed to initiate any further action in the matter, this court deems it appropriate to direct the respondents to initiate necessary steps for cancellation of D-form patta issued in favour of the 1^st respondent, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of copy of this order. Till such orders are passed, the petitioners shall not be dispossessed without following due process of law.

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W.P.No.12947 of 2015

Accordingly, the writ petition is disposed of. There

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shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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_______________ V. SUJATHA, J

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Date: 16.11.2022

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Ksn

Sanke Pullaiah, v. Chunchu Narayanamma

Case brief

What is this about?

What did the court decide?

Sanke Pullaiah, v. Chunchu Narayanamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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