Partly allowed

Kadugula Rajulu, v. The State of A.P.

Andhra Pradesh HC9 Aug 2023WP/10206/2020

Case brief

AI extract

What is this about?

Petitioners challenged dispossession of land and sought performance of Article 226 directions. Court restrained authorities from coercive acts on 0.90 cents based on produced documents but dismissed claims for remaining area due to lack of proof of possession.

What did the court decide?

Authorities directed not to take coercive steps regarding 0.90 cents in Sy. No. 66/1 IV; no relief granted for the remaining extent of land.

Kadugula Rajulu, Vs The State of A.P. — Land Acquisition | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY. THE NINTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT petition NO: 10206 OF 2020

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Between:

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% Venkayya. Aged about 76 Address Aged about 76

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Stti Village about

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W/o Late Padalu Aged about 65 Address Aged about

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aboSMSd^,'’S ^°da?a ■ Village

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Appalakonda, S/o Venkayya Aged about 59 Address Aged about

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aboS East ^davari Oism'

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Venkayya Aged about 54 Address Aged about 54

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KadugiJa Chanti. S/o. Venkayya Aged about 61 Address Aaed about fii

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o/° X®?kayya Aged about 49 Address Aged about 49

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ffia^dalSEasi’eM DfeS"’

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...petitioners

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The District Collector, Address East Godavari District, Kakinada.

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The Revenue Divisional Officer. Address Peddapuram. East Godavari District.

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** Kirlampudi IVIandal. Kirlampudi, East Godavari

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*• Jagapathlnagaram Village about,

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®' BSwSltGSSSESwa Station.Kirtampudi

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed.praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in contemplating to dispossess the petitioners from their lands of admeasuring, an extent of nearly at about Ac 3.00 cents forming part of SY. Nos 66/1 IV, actual D- Patta has been issued for Ac. 0.90 cents, situated at Jagapathinagaram Village about, Kirlampudi Mandal, East Godavari District as illegal, arbitrary, capricious and high-hand

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lA NO: 1 OF 2020

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to issue direction, directing the respondents not to dispossess the petitioners from their land of admeasuring an extent of nearly at about Ac 3.00 cents forming part of SY. No’s 66/1 IV, actual D-Patta has been issued for Ac. 0.90 cents, situated at Jagapathinagaram Village about, KirlampudiMandal, East Godavari District, District, pending disposal of the Main Writ Petition

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lA NO: 1 OF 2021

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Between:

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1. The State of Andhra Pradesh, Rep. by its PrI.Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi.

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2. The District Collector, Address East Godavari District, Kakinada. 3. The Revenue Divisional Officer, Address Peddapuram, East Godavari District. 4. The Tashildar (MRO), Address Kirlampudi Mandal, Kirlampudi, East Godavari District.

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5. The Village about Revenue Officer, Address Jagapathinagaram Village about^ Kirlampudi Mandal, East Godavari District.

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...Petitioners/Respondents

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AND

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1. Kadugula. Rajulu, S/o Venkayya, Aged about 76 Address Aged about 76 years, Occ Labour, R/o, D.No.8-307, Indira Colony, Prathipadu Village about and Mandal, East Godavari District.

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2. Kadugula Chakramma, W/o Late Padalu Aged about 65 Address Aged about 65 years, Occ Labour, R/o, D.No.8-56-2, Indira Colony, Prathipadu Village about and Mandal, East Godava

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Kadugula Appalakonda, S/o Venkayya Aged about 59 Address Aged about 59 years, Occ Labour, R/o, D.No.8-144, Indira Colony, Prathipadu Village about and Mandal, East Godavari District.

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4. KadugiJa Dharmaraju, S/o Venkayya Aged about 54 Address Aged about 54 Labour, R/o, D.No.8-308, Indira Colony, Prathipadu Village about

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and Mandal, East Godavari District.

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5: Kadugda Chanti, S/o. Venkayya Aged about 61 Address Aged about 61 Labour, R/o, D.No.8-299, Indira Colony, Prathipadu Village about

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and Mandal, East Godavari District.

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. I

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6 Kadugula Paparao, S/o Venkayya Aged about 49 Address Aged about 49 ■ years; Occ Labour. R/o, D.No.8-307, Indira Colony, Prathipadu Village about and Mandal,-East Godavari District.

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.. .Respondents/Petitioners

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7. The Station House Officer. Address Kirlampudi Police Station,Kirlampudi Mandal East Godavri District. : ...Respondent/Respondent

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(Respondent No. 7 is not necessary party in this party)

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the interim order dated. 22.06.2019 in WP.No. 10206 of 2020 and to dismiss the writ petition.

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Counsel for the Petitioner: SRI. K V SESHAGIRI RAO

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Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE

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Counsel for the Respondent No. 6: GP FOR HOME

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No. 10206 OF 2020

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Between:

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Kadugula Rajulu, S/o Venkayya, 7^ years, Occ: Labour, R/o D.No.8-307, Indira Colony, Prathipadu Village and Mandal, East Godavari District and five others.

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... Petitioners

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Versus

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The State qf Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi and five others.

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... Respondents

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Counsels for the petitioner : Sri K.V.Seshagiri Rao Counsel for respondent No. 1 to 5 : GP for Revenue Counsel for respondent No.6 : GP for Home

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ORDER

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The present writ petition is filed under Article 226 of the

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Constitution of India seeking the following relief:

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... to issue a wnt Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in contemplating to dispossess the petitioners from their lands of admeasuring, an extent of nearly at about Ac.3.00 cents forming part of Sy.No.66/1 IV, actual D-Patta has been issued for Ac.0.90 cents, situated at Jagapathinagaram Village, Kirlamudi Mandal, East Godavari District, as illegal arbitrary, capricious and high-hand and pass such other order or orders as this

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Page 2 of 7

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SRS,J W.P.No.l0206of2020

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Honhle Court may deem fit and proper in the circumstances of the case...”

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The grievance of petitioners in the writ petition is that the respondent authorities are trying to dispossess the petitioners from the land of an extent of Ac.3.00 cents in Sy.No.66/1 of Jagapathinagaram Village. Kirlampudi Mandal, East Godavari District.

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Affidavit was deposed by 6^ petitioner. It was contended, inter-alia, that petitioners are the absolute owners and possessors of land of an extent of Ac.3.00 cents in Sy,.No.66/I ly of Jagapathinagaram Village, Kirlampudi Mandal, East Godavari ' District. They acquired the subject land from one Kadugula Venkayya, son of Papayya, who is the father of petitioner Nos.l, 3 to 6 and father-in-law of 2nd petitioner and in turn got D-Form patta from the then Tahsildar. Prathipadu. Respondent Nos.3 and 4 issued Pattadar Pass Book and Title Deed in favour of said ,Kadugula Venkayya. After the death of said Kadugula Venkayya, petitioners’ developed an extent of Ac.2.00 cents on the Western side of the subject land. On 21.02.2020, the officials of respondents came to the subject land and started taking

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5 ; N.

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SRSJ W.P.No.10206 of 2020 I

Page 3 of 7

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„rements. With these averments, the above writ petition is

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filed.

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Respondent No.4 filed counter affidavit, wherein, it was contended inter-alia, that an extent of Ac.3.00 cents m Rs.No.66/lY in Jagapathinagaram Village, Kirlampudi Mandal,. East Godavari District, was identified for distribution of house site pattas to the eligible beneficiaries. At the time of inspection, authorities found that no one is in possession and enjoyment of the land. As per RSR and FMB, Sy.No.66/1 was not sub-divided and no assignment was made. As per Web-land and 1-B register of Jagapathinagaram Village and also ROR; it was noticed that no individual was registered as pattadar.

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(a) In the year 2012, a case was filed before the Vigilance and Enforcement Enquiry Department regarding forged pattas and pattadar pass books for the entire land of an extent in Sy.No.66/1 of Jagapathinagaram Vifiage, Kirlampudi extent in

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Mandal. East Godavari District The entire extent of land is

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classified as china konda. At the time of inspection, it was observed that the subject land is hfil poramboke and it is vacant

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,on ground. Eventually, prayed to dismiss the writ petition.

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. yt■

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SRS, J W.P.No.10206 of 2020

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Page 4 of 7

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Heard Sri K.V.Seshagiri Rao, learned counsel for the Government Pleader for petitioners and learned Assistant respondent Nos. 1 to 5 and learned Revenue appearing for Government Pleader for Home appearing for Assistant respondent No.6.

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Learned counsel for the petitioners reiterated the contents t in the affidavit and learned Assistant Government Pleader for the counter affidavit. Revenue reiterated the contents in 7. As seen from the D-Form patta filed , along with the writ petition, an extent of Ac.0.90 cents in Sy.No.66/1 IV was assigned in favour of said Kadugula Venkayya, son of Papayya. assigned in Pass book was issued by the Mandal Revenue Officer vide patta No.102 and the same was filed in support of D-Form patta. petitioners areare asserting their possession and However, extent of Ac.3.00 cents. As seen from tiie enjoyment ’over an counter affidavit filed by respondent No.4, the respondent No.4 issued in favour of said Kadugula is disputing the DKT patta Venkayya and also issuance of passbook and title deed. It seems initiated regarding forged pattas that a Vigilance enquiry was

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and pattadar pass books.

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Page 5 of 7

SRS, J W.P.No.10206 of 2020

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When this Court questioned the learned Assistant Government Pleader about the status of Vigilance Enquiry, learned Assistant. Government Pleader would submit that verdict was not pronounced. Along with the counter affidavit, the copy of communication addressed from the Regional Vigilance and Enforcement, Rajahmundry to the Tahsildar, Kirlampudi vide C.No.l38/R.V8BE.O/IOP-3/Rij/2011, dated 27.03.2012. As seen from the proceedings, the Vigilance and Enforcement Officer requested the Tahsildar to furnish copies of A-Register, Adangal, 10(1) and I-B register regarding pattadar passbooks/Title Deeds A issued in favour of S.N0.66/IY, 199/2 of Jagapathinagaram Village, Kirlampudi Mandal. However, nothing is discernable from the counter affidavit about the subsequent developments, pursuant to the letter dated 27.03.2012.

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Petitioners placed reliance upon D-Form patta said to have been issued in respect of Ac.0.9Q cents and also filed pass book and Title Deed in support of their claim. Though petitioners contended that they are in possession of Ac.3.00 cents, no supporting material is placed before this Court. In. fact it being a . disputed question of fact, it requires evidence.

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Page^ of?

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SfiSJ W.P.Nq.10206 of 2020

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Since, petitioners filed D-form patta, Pattadar Pass Book and Title Deed was issued in favour of said Kadugula Venkayya, son of Papayya, father of petitioner Nos. 1, 3 to 6 and father-inlaw of 2"“ petitioner, the respondent authorities are directed not to take any coercive steps in respect of Ac.0.90 cents in Sy.No.66/lY of Jagapathinagaram Village, Kiriampudi Mandal, East Godavari District. In respect of other extent of land since the petitioners failed to prove their possession and it being disputed question of fact, this Court is of the opinion that petitioners are not entitled to any relief. However, this order will not preclude the authorities to proceed with the Vigilance

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enquiry iii accordance with law.

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Accordingly, the Writ Petition is disposed of to the extent *****

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indicated. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall

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stand dismissed.

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To.

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sb/-U. SRIDEVI ASSISTAN-ft^EGISJRAR ! //TRUE COPY// SECTlONOFFICER

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1; The Principle Secretary. Revenue Department. State of Andhra Pradesh. Secretariat. Velagapudi. Amaravathi.

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The District Collector. Address East Godavari District. Kakinada.

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The Revenue Divisional Officer. Address Peddapurarh. East Godavari District. 4- The Tashildar (MRO). Address Kirlampudi Mandal, Kiriampudi. East Godavari

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Tte Village about Revenue Officer. Address Jagapathinagaram Village about. Kiriampudi Mandal. East Godavari District.

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The Station House Officer. Address Kiriampudi Police Station.Kirlampudi

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One CC to SRI. K V SESHAGIRI RAO Advocate (OPUC]

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Two CCs to GP FOR REVENUE. High Court Of Andhra Pradesh. [OUT] HOME. High Court of Andhra Pradesh. {OUT]

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csb

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■»...

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HIGH COURT

DATE0:09/08/2023

ORDER

WP.No.10206 of 2020

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01| OCT
<3

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DISPOSING THE WP WITHOUT COSTS

Kadugula Rajulu, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

Kadugula Rajulu, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

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