Dismissed

Tuta Naga Ramachandra Rao v. State of Ap

Andhra Pradesh HC4 Sept 2023WP/9046/2021

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging a notification for public auction of a vacant site. The Court held that as the property appears in the approved register under Section 43, the presumption of ownership stands. The Court noted the reliance on unregistered documents and directed petitioners to approach the competent authority for title disputes.

What did the court decide?

Writ petition dismissed; petitioners directed to approach the competent authority for title declaration. No order as to costs.

Tuta Naga Ramachandra Rao Vs State of Ap — Property and Title | Andhra Pradesh HC (2023)

¶1

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

¶2

MONDAY ,THE FOURTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY THREE ;: '` ;
,s ~r.c .
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTt : ;:_ "

¶3

WRIT PETITION NO: 9046 OF 2021

¶4

Between:

¶5

Tuta Naga Ramachandra Rao, S/o. Sri T.Appa Rao Hindu, aged 59 years, Occ.Cultivation, R/o.Tutavari Street Main Bazaar, Eluru, W.G.District, AP

¶6

Tuta Kasi Leela Krishna, S/o.Sri T.Appa Rao Hindu, aged 52 years, Occ.Private Employee R/o.Tutavari Street' Main Bazaar, Eluru, W.G. District, AP

¶7

...PETITIONER(S)

¶8

AND

¶9

State of AP, Rep.by its Principal Secretary Endowments Department A.P. Secretariat, Velagapudi Amaravathi, Guntur District, AP

¶10

The Assistant Commissioner of Endowments, Collectorate Compound, Eluru West Godavari District, Andhra Pradesh

¶11

Sri Thalatam Pattaiah Subedar Choultry, Gunbazaar, Eluru, W.G.District, AP Rep.by its Executive Officer

¶12

Sri G.Venkateswara Rao, S/o.Not known to the petitioners Hindu, aged 50 years, Occ.Mechanic R/o.Near Market Yard, SMR Colony Eluru, W.G.District, Andhra Pradesh

¶13

...RESPONDENTS

¶14

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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the Respondent Nos. 2 and 3 in issuing Notification vide Rc.No.124/2021 Dt.31-03-2021 by proposing to conduct Public Auction for leasing out the 400 Sq.Yards of vacant site situated in Door No.19-137, T.S.No.308/ I, Gunbazaar, Revenue Ward No. 16, Eluru, W.G.District, Andhra Pradesh without any manner of right or authority is highly illegal, arbitrary, violative of principles of natural justice and also violative of Art.19 and 300-A of the Constitution of India and consequently to set aside the Notification dt.31-03-2021.

¶15

IA NO: 1 OF 2021

¶16

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including confirmation of auction in pursuance of the Auction Notice in R.C.No.124/2021 dt.31-03-2021 issued by the 3rd Respondent pending disposal of the above writ petition.

¶17

IA NO: 2 OF 2021

¶18

Between:

¶19

Sri Thalatam Pattaiah Subedar Choultry, Gunbazaar, Eluru, W.G.District, AP Rep.by its Executive Officer

¶20

Petitioner/Respondent

¶21

AND

¶22

Sri Tuta Naga Ramachandra Rao, S/o, Sri T.Appa Rao Hindu, aged 59 years, Occ.Cultivation, R/o.Tutavari Street Main Bazaar, Eluru, W.G.District, AP

¶23

Tuta Kasi Leela Krishna, S/o.Sri T.Appa Rao Hindu, aged 52 years, Occ.Private Employee R/o.Tutavari Street' Main Bazaar, Eluru, W.G.District, AP

¶24

Respondents / Petitioners

¶25

1. State of AP, Rep.by its Principal Secretary Endowments Department A.P. Secretariat, Velagapudi Amaravathi, Guntur District, AP

¶26

The Assistant Commissioner of Endowments, Collectorate Compound, Eluru West Godavari District, Andhra Pradesh

¶27

Sri G.Venkateswara Rao, S/o.Not known to the petitioners Hindu, aged 50 years, Occ.Mechanic R/o. Near Market Yard, SMR Colony Eluru, W.G.District, Andhra Pradesh

¶28

..Respondents/ Respondents

¶29

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order dated 29-04-2021 passed in Wp. 9046/2021.

¶30

Counsel for the Petitioner(s) : SRI. TURAGA SAI SURYA

¶31

Counsel for the Respondents 1 & 2 : GP FOR ENDOWMENTS

¶32

Counsel for the Respondent No.3 : SMT. PULIPATI RADHIKA, SC FOR ENDOWMENTS

¶33

Counsel for the Respondent No.4 : NONE APPEARED

¶34

The Court made the following: ORDER

¶35

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

¶36

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

¶37

WRIT PETITION No.9046 OF 2021

¶38

Between

¶39

Tuta Naga Ramachandra Rao, S/o. Sri T.Appa Rao, Hindu, Aged 59 years, Occ: Cultivation, R/o. Tutavari Street, Main Bazar, Eluru, West Godavari and another.

¶40

... Petitioners

¶41

Versus

¶42

The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department, A. P. Secretariat, Velagapudi, Amaravati, Guntur District and three (03) others.

¶43

... Respondents Counsel for the petitioners Sri T.Sai Surya Counsel for respondent Nos. l & 2 : GP for Endowments Counsel for respondent No.3 Standing Counsel Counsel for respondent No.4

¶44

ORDER

¶45

The present writ petition is filed under Article 226 of the

¶46

Constitution of India seeking the following relief:

¶47

"... to issue a writ order or direction more particularly one in the nature of a writ of mandamus declaring the action of the Respondent Nos.2 and 3 in issuing Notification vide Rc.No.124/2021 Dt.31-03-2021 by proposing to conduct

¶48

Page 2 of 7

¶49

SRS, J W.P.No.9046 of 2021

¶50

Public Auction for leasing out the 400 Sq.Yards of vacant site situated in Door No.19-1-37, T.S.No.308/I, Gunbazaar, Revenue Ward No.16, Eluru, W.G.District, Andhra Pradesh without any manner of right or authority is highly illegal, arbitrary, violative of principles of natural justice and also violative of Art. 19 and 300-A of the Constitution of India and consequently to set aside the Notification dt.31-032021 and pass such other order or orders ...."

¶51

Petitioners pleaded that they are the absolute owners and possessors of property bearing Door No. 19-1-37 admeasuring 400 sq.yards out of an extent of Ac.0-17 cents in T.S.No.308/ 1 of Gunbazaar, 16th Ward, Eluru. The property was purchased by the great grandfather of the petitioners. Father of the petitioners died in the year 1980 and their mother died in the year 1997. After death of the parents, petitioners and their sisters orally partitioned the properties including the property of an extent of 400 Sq.Yards, as referred to supra, and the same was reduced into writing on 04.04.1997. A tiled house existed in the land and the same was assessed vide Assessment No.1075011618 in the name of father of the petitioners. Petitioners inducted one G.Venkateswara Rao as lessee in the house along with the appurtenant site. Since the house was in dilapidated condition, petitioners removed the old structure and levelled the land in March, 2021 and proposed to construct a new building.

¶52

Page 3 of 7

¶53

SRS, J W.P.No.9046 of 2021

¶54

Petitioners came to know about the notification in Rc.No.124/2021 dated 31.03.2021 issued on 15.04.2021, by the 3rd respondent proposing to conduct public auction in respect of two plots admeasuring 36.4 x 19.41/2 in T.S.No.308 bearing Door No.19-1-37 for a period of 11 years. Aggrieved by the same, the above writ petition is filed.

¶55

Counter affidavit was filed on behalf of respondent No.3. It was contended, inter-alia, that the 3rd respondent is the absolute owner and enjoyer of the property of an extent of 400 Sq.Yards and the structures built on it bearing Door No.19-1-37 in T.S.No.308/ 1 of Gunbazaar, Eluru. The entries made in the Town Survey Register, in relation to the subject property, stands in the name of Thalatam Pattaiah Subedar Choultry, the^3rd respondent herein. The approved property register under section 43 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short `the Act') would disclose the property belonged to Institution.

¶56

Public auction was conducted in the year 2015 for a period of three years and one G.Venkateswara Rao emerged as the highest bidder. Thereafter, public auction was conducted for the year 2018-2021 and one B.Rama Rao emerged as the

¶57

Page 4 of 7

¶58

SRS,1 W.P.No.9046 of 2021

¶59

highest bidder. Since the old structure is in dilapidated condition, the 3rd respondent got the structure demolished and eventually, prayed to dismiss the writ petition.

¶60

Reply affidavit was filed on behalf of the petitioners. It was contended that the proceedings dated 14.05.2015 was brought into existence and in fact, no auction was conducted for the year 2014-2015. The 4th respondent continued in the shop in question as a tenant of the petitioners from the year 1996. The 3rd respondent manipulated the proceedings in collusion with the 4th respondent. The Adangal shows that the property is a private house site. One Talaram Puttayya is father of the petitioners' great grandmother and thus, prayed to allow the writ petition.

¶61

Heard Sri T.Sai Surya, learned counsel for the petitioners and learned Government Pleader for Endowments appearing for respondent Nos.1 & 2 and Smt P.Radhika, learned Standing Counsel appearing for respondent No.3.

¶62

Learned counsel for the petitioners reiterated the contentions as per the averments in the writ petition and reply affidavit. Learned Standing Counsel appearing for the^3rd

¶63

Page 5 of 7

¶64

SRS, J W.P.No.9046 of 2021

¶65

respondent reiterated the contentions as per the averments in the counter affidavit.

¶66

Notification dated 31.03.2021 was issued by the Executive Officer of the 3rd respondent to conduct public auction vide Rc.No.124/2021 in respect of two open plots of 36.4 x 9.41/2 for a period of 11 years from 15.04.2021. Petitioners approached this Court claiming the title of the property by virtue of an unregistered partition deed dated 04.12.1997. The document filed as Exhibit P2 is neither registered nor properly attested.

¶67

Along with the counter affidavit filed by the 3rd respondent, property registered under Section 43 of the Act was filed and it was registered on 29.01.2016. The property bearing Door No.191-37 in T.S.No.308 has been shown as property of the Institution. The proceedings dated 14.05.2015 was filed wherein lease was conducted with respect to the property for a period of 3 years from 01.03.2015 to 28.02.2018. Thereafter, lease was conducted again and one B.Rama Rao became the highest bidder for the year 2018-2021. The Town Survey Register filed along with the counter affidavit would disclose that one Talatam Puttayya Subedar Choultry is the owner of house in T.S.No.308. If any person aggrieved by an entry in the property register

¶68

Page 6 of 7

¶69

SRS, J W.P.No.9046 of 2021

¶70

maintained under Section 43 of the Act, the aggrieved person has to approach the Tribunal under Section 45 of the Act for modification or amendment of such entry. In view of the presumption under Section 43 of the Act, the petitioners ought to have approached the competent forum seeking appropriate relief. Petitioners placed reliance upon unregistered and under stamped partition deed and the Revenue records. This Court under Article 226 of Constitution of India normally shall resolve the disputes since it requires evidence. In view of the discussion supra, this court does not find any merit in the writ petition. 11. Accordingly, the Writ Petition is dismissed leaving it open to the petitioners to approach the competent authority to get the title declared over the schedule property. There shall be no order as to costs.

¶71

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

¶72

stand dismissed.

¶73

SDI- B. CHITTI^JOSEPH ASSISTANT^REGISTRAR I/TRUE COPY// 'SET ON FFICER

¶74

To, 1. One CC to^{SRI. TURAGA SAI SURYA Advocate [OPUC]} 2. Two CCs^{toGP FOR ENDOWMENTS, High Court of Andhra Pradesh. [OUT]} 3. One CC^{to SMT. PULIPATI RADHIKA, SC FOR ENDOWMENTS [OPUC]} 4. Three^{CD Copies} Madhu

aeot7

HIGH COURT

DATED:04/09/2023

ORDER

WP.No.9046 of 2021

f
r
026

DISMISSING THE WP WITHOUT COSTS

¶82

31 OCT 2023
`~SPATCHtion

Tuta Naga Ramachandra Rao v. State of Ap

Case brief

What is this about?

What did the court decide?

Tuta Naga Ramachandra Rao v. State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Kandala Venkata Ramana, Vs The State of A.P

Perumalla Devi Prasad Ramakrishna Mohan Gupta Vs the State of Andhra Pradesh

T Lakshmi Narayana Vs the State of Andhra Pradesh

Gudimetla Rama Kanaka Reddy Vs the State of Andhra Pradesh

Zilla Prabhakara Rao Vs The State of Andhra Pradesh

Kota Obul Reddy Vs the State of Andhra Pradesh