Disposed

Gejja Nagaiah v. the State of Ap

Andhra Pradesh HC12 Sept 2023WP/6548/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the resumption of agricultural land. The court held that since resumption proceedings were initiated following legislative procedure, the writ petition was dismissed while leaving the petitioner free to challenge the specific resumption orders.

What did the court decide?

The writ petition is disposed of without making any order for costs.

Gejja Nagaiah Vs the State of Ap — Land Acquisition | Andhra Pradesh HC (2023)

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TUESDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 6548 OF 2020

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Between:

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Gejja Nagaiah, S/o. Gejja Ramaiah, Aged about 54 years, Rio. Billupadu village, Chejerla Mandal, SPSR Nellore District.

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...PETITIONER

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AND

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The State of AP, Revenue Department, Rep. by its Prl Secretary Revenue, Secretariat, Velagapudi, Guntur District.

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The District Collector, Nellore, SPSR Nellore District.

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The Revenue Divisional Officer, Atmakur Revenue Division, Prakasam District.

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The Tahsildar, Chejerla Mandal, Prakasam District.

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...RESPONDENTS

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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 Orders more particularly one in the nature of a Writ of Mandamus declaring the action of the 3rd and 4th respondents in interfering with peaceful possession and enjoyment of petitioner agricultural lands with an extent of Ac. 1.00 cents in Sy.no. 62/1 in Billupadu village, Chejerla Mandal, SPSR Nellore District, as illegal, arbitrary and unconstitutional and consequently direct the 3rd and 4th respondents not to dispossess the petitioner from his land with an extent of Ac. 1.00 cents in Sy.no. 62/1 in Billupadu village, Chejerla Mandal, SPSR Nellore District.

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IA NO: 1 OF 2020

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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 dispossess petitioner from his land with an extent of Ac. 1.00 cents in Sy.no. 62/1 in Billupadu village, Chejerla Mandal, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition.

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IA NO: 1 OF 2021

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Between:

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The State of AP, Revenue Department, Rep. by its Prl Secretary Revenue Department, Secretariat, Velagapudi, Guntur District.

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The District Collector, Nellore, SPSR Nellore District.

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The Revenue Divisional Officer, Atmakur Revenue Division, Prakasam District.

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The Tahsildar,- Chejerla Mandal, Prakasam District.

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...PETITIONERS/RESPONDENTS

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AND

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Gejja Nagaiah, S/o. Gejja Ramaiah, Aged about 54 years, Rio. Billupadu village, Chejerla Mandal, SPSR Nellore District.

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...RESPONDENT/PETITIONER

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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 orders dated: 17.03.2020 In IA.No. 1/2020 in W.P.No.6548/2020 and dismiss the writ petition.

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Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI

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Counsel for the Respondents: GP FOR REVENUE

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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.6548 of 2020

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Gejja Nagaiah, S/o Gejja Ramaiah, Aged about 54 years, R/o Billupadu Village, Chejerla Mandal, SPSR Nellore District.

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Petitioner

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Versus

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The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravati, Guntur District and three (3) others.

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Respondents

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Counsels for the petitioners : Sri V. Siva Prasad Reddy

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Counsel for respondents : GP for Assignment and GP for Revenue

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ORDER:

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The 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 Writ, Order or Orders more particularly one in the nature of a Writ of mandamus declaring the action of the^3rd and 4th respondents in interfering with peaceful possession and enjoyment of petitioner's agricultural lands with an extent of

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Page 2 of 6

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SRS, J W.P.No.6548/2020

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Ac. 1.00 cents in Sy.No.62/ 1 in Billupadu Village, Chejerla Mandal, SPSR Nellore District, as illegal, arbitrary and unconstitutional and consequently direct the^3rd and 4th respondents not to dispossess the petitioner from his land with an extent of Ac. 1.00 cents in Sy.No.62/ 1 in Billupadu Village, Chejerla Mandal, SPSR Nellore District and pass such other order or orders..."

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The grievance of petitioner is that the^4th respondent is interfering with his peaceful possession and enjoyment over an extent of Ac. 1.00 cents in Sy.No.62/ 1 of Billupadu Village, Chejerla Mandal of SPSR Nellore District without following the procedure.

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(a) In the affidavit it was contended that the petitioner is in possession and enjoyment of Ac.1.00 cents in Sy.No.62/ 1 of Billupadu Village, Chejerla Mandal, SPSR Nellore District. The 4th respondent assigned D-form Patta vide F.Dis No.507, dated 20.01.1997 to the petitioner's paternal aunt in respect of Ac.O-40 cents in Sy.No.108, Ac.O30 cents in Sy.No.106 and Ac.1-00 cents in Sy.No.62/ 1, totalling Ac. 1.70 cents. In the revenue records, the land in Sy.No.62/ 1 is shown as `Dibba Poramboke'. Staff of the^4th respondent visited the subject land on 24.02.2020 and tried to interfere with the peaceful possession and enjoyment over

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Page 3 of 6

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SRS, J W . P. N 0.6548/2020

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the subject land. Hence, petitioner filed the above writ petition.

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Counter-affidavit was filed by 4th respondent. It was contended that the land to an extent of Ac. 11.50 cents in Sy.No.62/ 1 is classified as `Dibba Poramboku' as per RSR of Billupadu Village of Chejerla Mandal, SPSR Nellore District. The patta filed along with the writ petition is Eksal lease and it is valid for one year only. The lease was not renewed and hence, it is not in force.

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(a) Notice under Section 7 of A.P.Land Encroachment Act, 1905 was issued vide Rc.DT.251/2020, dated 07.02.2020 to the petitioner and others calling for explanation within 15 days. Petitioner refused to receive the notice. Notice under Section 6 of the Act was issued vide Rc.DT.251/2020, dated 27.02.2020 to the petitioner. Later, resumption orders were passed vide Rc.DT 251/2020, dated 02.03.2020 and the land was taken possession on 05.03.2020. An extent of Ac.0.80 cents in Sy.No.62/ 1 was identified for public purpose i.e. for providing house sites to

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Page 4 of 6

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SRS, J W.P.No.6548/2020

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weaker sections and hence eventually prayed to dismiss the writ petition.

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Heard learned counsel for the petitioner and learned Assistant -Government Pleader for Revenue appearing for the respondents 1 to 4.

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This Court passed interim order on 17.03.2020 directing the respondents not to take any steps for dispossessing the petitioner from the subject land.

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As seen from the material papers in the writ petition, Eksal Patta was granted in favour of one Smt.Gajja Bujjamma, W/o Chenchaiah, in respect of Ac.0.40 cents in Sy.No.108 of Billupadu Village. The revenue records lB filed along with the wri- :petition would indicate the property of an extent of Ac.11.50 cents in Sy.No.62/ 1 is shown as Government Poramboku. Nothing was placed before this Court regarding renewal of Eksal Patta after expiry of one year.

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As seen from the material papers filed along with the counter-affidavit, 4th respondent - Tahsildar initiated

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Page 5 of 6

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SRS, J W. P. N o.6548/2020

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proceedings under A.P. Land Encroachment Act. Notice under Section 7 of A.P. Land Encroachment Act, 1905 and notice under Section 6 of the Act were issued on 27.02.2020. Later resumption order was passed on 02.03.2020 and the land was resumed on 05.03.2020.

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S. Since the lands were resumed by following the procedure, the Writ Petition is disposed of, leaving it open to the petitioner to challenge the resumption orders dated 02.03.2020 vide Rc.DT.251 / 2020 before appropriate

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authority. No orders as to costs.

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As a sequel, pending miscellaneous petitions, if any,

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shall stand dismissed.

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Sd/- N. NAGAMMA ASSISTANT REGISTRAR

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//TRUE COPY//

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/fsEcTI OFFICER

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The Prl Secretary Revenue, State of AP, Revenue Department, Secretariat, Velagapudi, Guntur District.

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The District Collector, Nellore, SPSR Nellore District.

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The Revenue Divisional Officer, Atmakur Revenue Division, Prakasam District.

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The Tahsildar, Chejerla Mandal, Prakasam District.

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One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC]

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Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

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Three C.D. Copies Cnr

HIGH COURT

DATED:12/09/2023

ORDER

WP.No.6548 of 2020

DISPOSING OF THE W.P. WITHOUT COSTS

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Gejja Nagaiah v. the State of Ap

Case brief

What is this about?

What did the court decide?

Gejja Nagaiah v. the State of Ap

Case brief

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What did the court decide?

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