Common order closing two writ petitions challenging the cancellation of pattadar pass books and title deeds. The court held that with a set-aside of the underlying exparte decree via interim orders, no further adjudication was required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION Nos.5903 of 2015 and 19249 of 2015
COMMON ORDER:
W.P.NO.5903 OF 2015
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
“…. to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus , declaring the action of the 3rd respondent in hurridly proceeding to cancel the pattadar pass book and title deeds given to the petitioner herein without notice and opportunity as well while pending Civil Suit in OS No.285 of 2011 on the file of Additional District Judge, Guntur, as illegal, contrary to law, violation of principles of natural justice, null and void, less subjudice without jurisdiction and unconstitutional in the interest of justice and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case....”
When this Writ Petition came up for admission, this court
passed an Interim Order on 10.03.2015 as follows:
‘ There shall be Interim direction as prayed for a period of six weeks.
Learned counsel for the petitioner shall take out personal notice to the unofficial respondents by RPAD and file proof of service’.
W.P.NO.19249 OF 2015
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:-
of Writ of Mandamus , declaring the action of the 3rd respondent in hurridly proceeding to cancel the pattadar pass book and title deeds given to the petitioner herein without notice and opportunity as well while pending Civil Suit in OS No.285 of 2011 on the file of Additional
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District Judge, Guntur, as illegal, contrary to law, violation of principles of natural justice, null and void, less subjudice without jurisdiction and unconstitutional in the interest of justice and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case....”
When this Writ Petition came up for admission, this court
passed an Interim Order on 29.06.2015 as follows:
‘ In response to the impugned notice, the petitioner has already brought to the notice of the Revenue Divisional Officer, Guntur, under his reply dated 20.06.2015 that the exparte decree in O.S.No.285/11 is set aside on 20.02.2015. Hence, prima facie, the enforcement of the decree does not arise.
The Revenue Divisional Officer, shall therefore await further orders of this Court.
Issue notice to R6 to R8.
Learned counsel for the petitioner is permitted to take out personal notice to R6 to R8 and file proof of service.
Post after three weeks along with W.P.No.5903 of 2015’.
Since the petitioner in both the Writ Petitions are one and
the same and the issue involved in both the Writ Petitions is similar and identical, they are being disposed of by this Common Order.
At the time of hearing, the learned Assistant Government Pleader for Revenue submitted written instructions submitting that as per the entries recorded in RSR of Velagapudi, the classification of the land in survey No.193 for an extent of Ac.3.13 cents is recorded as patta land.
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On further perusal of available records, it is observed that
the petitioner became title holder for an extent of Ac.3.13 cents in Survey No.193 of Velagapudi village of Thullur Mandal, in pursuance of the registration gift deed executed by his mother Smt.Alapati Prameela Devi at Sub-Registrar Office, Mangalagiri vide document No.3923 of 2009 dated 17.08.2009. Accordingly, the name of the present petitioner has been mutated as Pattadar for the said land in village record like 1B vide Khata No.1109 (PPB No.311384) as Alapati Srinivas Kumar S/o. Late Uma Maheswara Rao, for an extent of Acs.3.13 cents in survey No.193/1(Notional Sub-Division).
In view of the Interim Order of this Court, this Court feels that nothing survives for further adjudication in the present Writ Petitions.
Accordingly, the Writ Petitions are closed. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
_______________________ JUSTICE V.SUJATHA
Date : 05.12.2022 AVTP
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HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION Nos.5903 of 2015 and 19249 of 2015
Date : 05.12.2022
AVTP
Alapati Srinivas Kumar S/o. Late Uma Maheswara Rao
Unofficial Respondents
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
