Allowed

A.R.Sarabdeen v. State of Andhra Pradesh

Andhra Pradesh HC7 Dec 2022WP/36384/2015

Case brief

AI extract

What is this about?

The High Court, exercising jurisdiction under Article 226 of the Constitution, set aside an impugned endorsement refusing issuance of Pattadar Passbook and title deeds. The Court held the action violated procedural conditions of the Andhra Pradesh Assigned Land Act and remanded the matter for a fresh enquiry. A copy of this order shall be sent within two months.

What did the court decide?

The impugned endorsement dated 20.06.2015 was set aside, and the matter was remanded to the 4th Respondent to conduct an enquiry on the Mee-Seva application within two months.

A.R.Sarabdeen Vs State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.36384 of 2015

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ORDER:

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The present Writ Petition came to be filed under Article

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226 of the Constitution of India seeking the following relief:-

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“….to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Proceedings endorsement Roc.No.C/506/2015 dated 20.6.2015 on the file of the 4^th respondent in refusing to issue the Pattadar Passbook and title deed against the Sy. No.211/5A to an extent of Ac.4.32 cents situated of Veera Kaveri Raju Puram, Nagari Mandal, Chittoor district is being illegal, arbitrary, unconstitutional and dereliction of duties...”

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2. The case of the petitioner is that he has purchased

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the subject property in the year 1991, but whereas the impugned endorsement says that the land claimed by the petitioner is assigned land and the DKT patta was granted in favour of one Sri. K.Kannaiah S/o.Vadivelu and the said impugned endorsement was issued in pursuance of the application made by the petitioner through Mee-Seva on 12.09.2014, requesting for issuance of Pattadar Passbook and Title Deeds against the land in Sy. No.211/5A an extent of Ac.4.32 cents, which is admittedly in violation of the rules,

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though it is in the form of endorsement it is nothing but a order rejecting the claim of the petitioner for issuance of Pattadar Pass Book and Title Deeds.

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Learned Government Pleader for Revenue placed on record a copy of instructions given by the Tahsildar, Nagari, wherein it is stated that the land in Sy. No.211-5A an extent of Ac.4.32 cents in V.K.R. Puram Village, Nagari Mandal is vacant since last 10 years, without raising any crop in the field and it was entered in web-land as “Anadeenam”.

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The impugned endorsement dated 20.06.2015, says

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that this endorsement was issued in incompliance of the orders of the Hon’ble High Court in W.P.No.37448 of 2014 dated 22.12.2014, but if at all the respondents have found that the original assignee has violated the conditions as under Section 3 (1) of Andhra Pradesh Assigned Land (Prohibition of Transfer) Act, 2007, they must have served a notice on the original assignee for violation of the conditions and thereafter should have resumed the land and assigned the same to the third parties. But instead of doing so, on an application made by the petitioner, seeking for issuance of Pattadar Passbook

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and Title Deeds, the present impugned endorsement is issued

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to the petitioner which is admittedly in violation of law.

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In view of the same, the said endorsement is set aside and the matter is remanded back to the respondent No.4 for fresh consideration of the issue by duly conducting an enquiry on the Mee-Seva application made by the petitioner on 12.09.2014 for issuance of Pattadar Pass Books and Title Deeds in accordance with law. The said enquiry shall be completed within a period of two (2) months from the date of receipt of a copy of this order.

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Accordingly, this Writ Petition is allowed and the

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Respondent No.4 is directed to reconsider the issue.

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Consequently, miscellaneous petitions pending, if

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any, shall also stand closed.

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________________________ JUSTICE V.SUJATHA

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Date: 07.12.2022 ASH

A.R.Sarabdeen v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

A.R.Sarabdeen v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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