Disposed

Smt. Dumpala Venkata Subbamma, Ysr Kadapa Dist. v. the State of a.P.,Assignment,Hyd., and 5 Otrs.

Andhra Pradesh HC6 Dec 2022WP/24652/2015

Case brief

AI extract

What is this about?

In a writ petition regarding the illegal resumption of agricultural land assignment, the High Court directed the 4th respondent to examine the matter, issue notices to parties, and pass appropriate orders in accordance with a specific memo.

What did the court decide?

Directed the 4th respondent to examine the issue, issue notices to all parties, and pass appropriate orders based on Memo No.33683/Assn.V(2)/2014-1 of 25-11-2014.

Smt. Dumpala Venkata Subbamma, Ysr Kadapa Dist. Vs… — Property and Title | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.24652 of 2015

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ORDER

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This petition is filed under Article 226 of the Constitution

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of India, seeking the following relief:-

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“….to issue Writ of Mandamus, declaring the proceedings of the 4th respondent issued in Ref No.B/356/2012 dated 20.09.2012 in resuming the assignment made in favour of the petitioner to the extent of Ac.1.33 cents in Survey No.105/3 vide DKT Patta No.30/1419 dated 09.04.2010 by relying on the report of the 5^th and 6^th respondents as illegal, arbitrary, violative of Principles of Natural Justice and consequently direct respondents 2 to 4 to enquire into the matter as per Memo No.33683/Assn.V2/2014-1 dated 25.11.2014 addressed by the 1^st respondent to the 2^nd respondent and resume the assignment in favour of the petitioner by initiating action against the 5^th and 6^th respondents for creating forged document and submitting false report against the petitioner…”

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The main grievance of the petitioner is that the 4^th respondent was pleased to assign land to an extent of Ac.1.33 cents in survey No.105/3 of Takkolu village, Sidhout Mandal vide DKT patta No.30/1419 dated 09.04.2010 and later his name was also mutated in Revenue records for the period 20102011, 2011-2012 and 2012-2013 and in 1-B account also. The 3^rd and 4^th respondents also prepared pattadar pass book and title deed in his favour along with other assignees.

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While so, when the 4^th respondent at the behest of 6^th respondent refused to hand over DKT patta and pattadar Pass Book, title deed, he filed Writ Petition No.17468 of 2013 before this Court and the same was disposed on 29-06-2013 directing the petitioner to make an application in proper form for getting pattadar pass book and title deed. While making application, the petitioner came to know about resumption proceedings of the subject land basing on the representation said to have been submitted by him on 25-08-2012. Thereafter, on submission of representations by the petitioners to the respondents No.1 to 4, 1^st respondent issued Memo No.33683/Assn.V(2)/2014-1 dated 25-11-2014 addressed by the 1^st respondent to the 2^nd respondent directing to resume the assignment in favour of the petitioner by initiating action against the respondents No.5 and 6 for creating forged document. Hence, the Writ Petition.

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On perusal of record, it seems that in pursuance of several representations made by the petitioner to the respondents 1 to 4, 1^st respondent issued Memo No.33683/Assn.V(2)/2014-1 dated 25-11-2014, requesting the Collector and District Magistrate, YSR Kadapa District, to examine the matter and take necessary action in accordance with the Act and Rules in force. But, it appears that it spite of

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the said request made by the 1^st respondent, no further action is taken by the respondents.

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In view of the above, without going into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition by directing the 4^th respondent to examine the issue, if not yet examined in accordance with Memo No.33683/Assn.V(2)/2014-1 dated 25-11-2014 and pass appropriate orders after issuing notice to both side parties and also impleaded respondents.

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With the above direction, this Writ Petition is disposed of, with the consent of both the counsel. There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

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JUSTICE V.SUJATHA

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Date : 06.12.2022 AVTP

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237

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.24652 of 2015

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Date : 06.12.2022

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AVTP

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Smt. Dumpala Venkata Subbamma, Ysr Kadapa Dist. v. the State of a.P.,Assignment,Hyd., and 5 Otrs.

Case brief

What is this about?

What did the court decide?

Smt. Dumpala Venkata Subbamma, Ysr Kadapa Dist. v. the State of a.P.,Assignment,Hyd., and 5 Otrs.

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

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