A writ petition under Article 226 challenged the resumption and reallocation of vacant house site plots to houseless poor as violating the Andhra Pradesh Assigned Lands Act. The court held that after following due procedure, the officials were acting lawfully.
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.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF SEPTEMBER.'',. TWO THOUSAND AND TWENTY THREE !
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PRESENT
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 11374 OF 2020
Between:
AND
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 3 and 4 in allotting the pattas to other persons without following the due procedure including cancellation of pattas as being illegal, arbitrary and against the settled proposition of law and against the provisions of the Andhra Pradesh Assigned Lands (Prohibition of
Transfers) Act 1977 and consequently direct the respondents not to allot the pattas to any other persons without following the procedure under law.
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with the possession and enjoyment of the petitioners over their subject plots i.e. Plot Nos.158, 1, 49, 40, 10, 132, 52, 9 and 56 in Sy.No.223/1, situated at Munimadugu Village, Penugonda Mandal, Ananthapur District, Andhra Pradesh, pending disposal of the above writ petition.
IA NO: 2 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to allot the subject plots i.e. plot Nos.158, 1, 49, 40, 10, 132, 52, 9 and 56 in Sy. No.223/1, situated at Munimadugu Village, Penugonda Mandal, Ananathapuram District, Andhra Pradesh, to any3rd parties without following procedure laid down under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act 1977 pending disposal of the above writ petition.
IA NO: 3 OF 2020
Between:
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 13.07.2020 in W.P.No. 11374 of 2020 and dismiss the writ petition.
Counsel for the Petitioner: SRI SUDHAKARA RAO AMBATI
Counsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.11374 of 2020
Harijana Subbamma, W/o Anjaneyulu, aged 45 years, Occ: Cultivation, R/o Munimadugu Village, Penugonda Mandal, Ananthapur District, AP and eight others.
Petitioners
Versus The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velgapudi, Amaravathi, Guntur District and three others. Respondents Counsel for the petitioners : Sri Sudhakar Rao Ambati Counsel for respondents : GP for Revenue
ORDER
This writ petition under Article 226 of the Constitution
of India is filed seeking the following relief:
"... to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 3 and 4 in allotting the pattas to other persons without following the due procedure including cancellation of pattas as being illegal, arbitrary and against the settled proposition of law and against the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and consequently direct the respondents not to allot the pattas
Page 2 of 6
SRS, J W.P.No.11374 of 2020
to any other person/s without following the procedure under law and pass such other order or orders ..."
petitioners-were allotted plots of an extent of Ac.0-02 cents, each in survey No.223/ 1 of Munimadugu village by granting house site pattas, in the year, 1995. However, no roads were formed till two months back and hence, petitioners could not construct houses in the plots allotted to them. Road was formed very recently. Therefore, petitioners intended to construct houses. Respondents, without issuing notices to the petitioners, are preventing the petitioners from entering their respective plots. Hence, the writ petition.
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SRS, J W.P.No.11374 of 2020
Munimadugu village, by beat of `tom tom' on 20.12.2019, announced about the intention of the Government to resume the land and allotting house sites to houseless poor. An opportunity was given to the petitioners to file objections. However, no objections were received from the beneficiaries. The Panchayat Secretary, Munimadugu village issued panchayat resolution. After following procedure, SubCollector and Sub-Divisional Magistrate, Penukonda, vide proceedings Rc.No.187/2020/B, dated 12.01.2020 resumed the plots for allotment to eligible beneficiaries. Petitioners own house sites/houses and hence, they are not eligible for house sites. Thus, prayed to dismiss the writ petition.
,
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• SRS, J W.P.No.11374 of 2020
Page 5 of 6
SRS, J W.P.No.11374 of 2020
page 27. The statement also discloses that petitioner Nos.4 and 5 are no more. No rejoinder was filed to that affect.
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
SDI- M. PRABHAKAR RAO ASSISTANT REGISTRAR
IITRUE COPY/I
SECTION OFFICER
To,
HIGH COURT
DATE D:13/09/2023
ORDER
WP.No.11374 of 2020 6 v 1c3t- p~''~~~oa3 -
DISMISSING THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the High Court should issue a writ of mandamus declaring the allotment of pattas to other persons without due procedure illegal and restraining officials from resuming land.
2 provisions across 2 enactments
Harijana Subbamma and others
The State of Andhra Pradesh
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
