Disposed

Banka Sitaramma, Krishna Dist v. Bank Viswaswara Rao, Krishna Dist & 12 Others

Andhra Pradesh HC10 Dec 2024LGA/23/2016

Case brief

AI extract

What is this about?

Appellant sought closure of a land grabbing appeal against an order directing parties to pursue their property claims in a properly instituted civil suit. Counsel submitted that a suit, O.S.No.53 of 2016, had since been filed. Recording this, the High Court closed the appeal with no costs and closed pending miscellaneous applications.

What the court decided

AI extract

Banka Sitaramma, Krishna Dist Vs Bank Viswaswara… — Land Acquisition | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SMT JUSTICE SUMATHI JAGADAM

¶5

LAND GRABBING APPEAL No.23 of 2016

¶6

Appeal filed under Section 7-A(3) of A.P. Land Grabbing^{(Prohibition)Act,} aggrieved by the Judgment dated 06.03.2013 passed in^{L.G.O.P.No.370of} 2002 by the District Judge, Machilipatnam, Krishna^District.

¶7

Between:

¶8

Banka Sitaramma, (died per LR)

¶9

Bayana Kamaraju Venkata Ramani, D/o.Banka Sitaramma & BSA Swamy (gAppa Rao, Aged about 34 years, R/o Banka Kamaraju^Street, D. No. 6-18-3/D. Kothapet, Vijayawada 1, Krishna District.

¶10

...Appellants/Petitioners/

¶11

AND

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Banka Visweswara Rao (Died) 2. Banka Sasikala, W/o.Visweswara Rao, Hindu, Aged about 55 years, R/o Banka Kamaraju Street, Kothapet, Vijayawada -1,^{KrishnaDistrict}

¶13

Banka Ganesh, S/o.Visweswara Rao, Hindu, Aged about 34 years, R/o Banka Kamaraju Street, Kothapet, Vijayawada 1, Krishna^District.

¶14

Banka Ayyappa, S/o.Visweswara Rao, Hindu, Aged about^32years,R/o Banka Kamaraju Street, Kothapet, Vijayawada-1, Krishna^District.

¶15

Banka Chanti, S/o.Visweswara Rao, Hindu, Aged about 30 years, R/o Banka Kamaraju Street, Kothapet, Vijayawada-1, Krishna^District.

¶16

Banka Achaiah Patrudu, S/o.Atchyutha Rao, Hindu, Aged about 56 years, R/o Banka Kamaraju Street, Kothapet, Vijayawada-1, Krishna District.

¶17

Banka Kumar Venkata Durga Prasad, S/o. Visweswara Rao, Hindu, Aged about 54 years, R/o. Banka Kamaraju Street, Kothapet, Vijayawada-1, Krishna District.

¶18

Banka Surya Prakasa Rao, S/o.Atchyutha Rao, Hindu, Aged about 52 years, R/o. Banka Kamaraju Street, Kothapet, Vijayawada-1,^Krishna District.

¶19

I. Lakshmi Kumari, W/o.Srinivasa Rao, Hindu, Aged^about 51 years. Tenant, Timber Depot, R/o. Banka Kamaraju Street, Kothapet, Vijayawada -1, Krishna District.

¶20

lO.Relangi Suresh, S/o Hanumantha Rao, Hindu, Aged about 51 years. Tenant, Timber Depot, R/o Banka Kamaraju Street, Kothapet, Vijayawada -1, Krishna District.

¶21

ll.Vempadpu Chinna Rao, S/o.Ramulu, Hindu, Aged about 51 years R/o.Banka Kamaraju Street, Kothapet, Vijayawada-1,^{KrishnaDistrict.}

¶22

12.Raju, son of not known to the appellant, Hindu, Tenant, R/o.Banka Kamaraju Street, Kothapet, Vijayawada-1, Krishna District.

¶23

13.Shaik Kalish, son of not known to the appellant, Muslim, Aged about 52 years. Tenant, Tailor shop, R/o.Banka Kamaraju Street, Kothapet, Vijayawada-1, Krishna District.

¶24

...Respondents/Respondents

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Counsel for the Petitioner

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: Sri K Satyanarayana Murthy

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Counsel for the Respondents: Sri Nagendra Babu Paragati The Court made the following: ORDER

APHC010687362016

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

¶32

[?494]

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WEDNESDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

¶36

LAND GRABBING APPEAL NO: 23 OF 2016

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Between:

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Banka Sitaramma, Krishna Dist

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...PETITIONER

¶40

AND

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Bank Viswaswara Rao Krishna Dist 12 Others

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...RESPONDENT

¶43

Counsel for the Petitioner:

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1.K SATYANARAYANA MURTHY

¶45

Counsel for the Respondent:

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1.NAGENDRA BABU PARAGATI

¶47

¶48

The Court made the following:

¶49

ORDER:

¶50

Mr. K. Satyanarayana Murthy, learned counsel for the appellant, had drawn the attention of this Court to the relevant portion of the order dated 06.03.2013 in LGOP No.370 of 2002, which reads as follows;

¶51

“....The petitioner and the respondents have to work out their remedies^ regarding the entitlement to the said property in a properly instituted suit in the Civil Court."

¶52

In view of the above observation, he submits that the appellant filed a suit in O.S.No.53 of 2016 on the file of the VII Additional District Court, Vijayawada, Krishna District. He, therefore, prays that the present Land Grabbing Appeal may be closed.

¶53

Recording the said submission, this Land Grabbing Appeal is closed. No costs.

¶54

Consequently, Miscellaneous Applications pending, if any, shall also stand closed.

¶55

Sd/- E KAMESWARA RAO JOINT REGISTRAR

//TRUE COPY//

ff (p^

SECTION OFFICER

The District Judge, Machilipatnam, Krishna District,^{(withrecordsif} any)

¶61

The VII Additional District Court, Vijayawada, Krishna^District.

¶62

One CC to Sri K Satyanarayana Murthy, Advocate [OPUC]

¶63

One CC to Sri Nagendra Babu Paragati, Advocate [OPUC]

¶64

5 The Section Officer, V.R Section, High Court of Andhra^Pradeshat Amaravathi. (to dispatch the trial court records)

¶65

Three CD Copies

4rv

HIGH COURT

DATED:11/12/2024

ORDER

LGA.No.23 of 2016

g 2 7 JAN 2025 Co
Current Section ^
P^spatcva^**^

¶73

CLOSING THE LAND GRABBING APPEAL

Banka Sitaramma, Krishna Dist v. Bank Viswaswara Rao, Krishna Dist & 12 Others

Case brief

What is this about?

What the court decided

Banka Sitaramma, Krishna Dist v. Bank Viswaswara Rao, Krishna Dist & 12 Others

Case brief

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What the court decided

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