In a writ appeal filed by the State, the High Court of Andhra Pradesh dismissed the appeal, holding that proceedings under the Estates Abolition Act were effectively concluded in favor of the respondents, rendering the notice to vacate inoperative.
The writ appeal is dismissed; there shall be no order as to costs.
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
MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT I
THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE HARINATH.N
WRIT APPEAL NO: 926 OF 2022
Writ Appeal under clause 15 of the Letters Patent to prefer against the ordere dated 25-03-2022 in W.P.No. 28662 of 2008 on the file of the High
Between:
...APPELLANTS/RESPONDENTS
AND
Street, Tirupathi Town, Tirupathi District.
...RESPONDENTS/PETITIONERS
lA NO: 2 OF 2022
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
V
pleased to suspend the operation of the order in W.P.No.28662of2008dt. 25-03-2022
Counsel for the Appellants : GP FOR ASSIGNMENT
Counsel for the Respondents: SRI N. SUBBA RAO FOR SRI RAM BABU DEVAVARAPU
The Court made the following: JUDGMENT
APHC010524112022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3488]
MONDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT APPEAL NO: 926/2022
Between:
The State Of Andhra Pradesh, and Others
...APPELLANT(S)
AND
Y Balasubrahmanyam Died and Others
...RESPONDENT(S)
Counsel for the Appellant(S):
1.GP FOR ASSIGNMENT (AP)
Counsel for the Respondent(S):
1.RAM BABU DEVAVARAPU
The Court made the following Judgment: (perHon'bleShJusticeRRaghunandanRao;
An application for grant of Ryotwari Patta, under theprovisionof the Estates Abolition Act, 1948, was made by Smt. Y. Rajamma for an extent of Ac.0.38 cents of land in Sy.No.105/10 of AkkarampalleVillage,Tirupati RevenueMandal, Chittoor District.
- After due enquiry, the Tahsildar, Chandragiri had alsoaddressed a communication dated 20.05.1985 to the District Collector, Chittoor setting out the findings arrived in the course of the said enquiry.
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- Thereafter, it appears that the original applicant passed away and her son Sri Y. Balasubrahmanyam, and subsequently, his children, on his demise, came into the picture as the applicants for obtaining Rytowari Patta over the said land.
- The District Collector, Chittoor by his order dated 17.07.2015 set aside the order of the Joint Collector, Chittoor on the ground that the erstwhile High Court of Judicature at Hyderabad had directed the District Collector, Chittoor to complete the proceedings and decide whether Rytowari Patta is to be granted or not and the Joint Collector could not have passed the order.
3
upon the legal heirs of Smt. Y.Rajamma to vacate thesaidlandastheorderof the Joint Collector had been set aside. Aggrieved bythesaidnoticedated 09.09.2015, the legal heirs of Smt. Y. Rajamma movedW.P.No.30836of2015 for setting aside the said notice.
- A Learned Single Judge of this Court disposed of both W.P.Nos.28662 of 2008 & 30836 of 2015 by way of a common order, dated 25.03.2022, directing the respondents not to dispossess the petitioners therein from the aforesaid land of Ac.0.38 cents pending proceedingsunderSection- 11(a) of the Estate Abolition Act, 1948 before theJointCollector.
- Aggrieved by this judgment dated 25.03.2022, the respondents therein have filed the present Writ Appeal.
- Heard the learned Government Pleader for Assignment appearing for the appellants and Sri N. Subba Rao,learnedSeniorCounsel appearing on behalf of Sri D. Rambabu, learned counselfortheun-official respondents.
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concluded by as the order of the District Collectordated17.07.2015hadset aside the order of the Joint Collector.
- As matters stand, the Joint Collector has already passedanorder in favour of the petitioner for grant of Rytowari Patta in favour of the petitioners. The order of the District Collector setting aside this order has effectively been declared to be null void and as such,theorderoftheJoint Collector dated 06.08.2014 would stand revived. Accordingly, the proceedings under the Estates Abolition Act, 1948 have to be treated as concluded in favour of the applicants.
As a sequel, pending miscellaneous petitions, if any,shallstand closed.
SDI- K. TATA RAO //TRUE COPY// / DEPUTY^^^GISTRAR SECTION OFFICER
To
Cnr
HIGH COURT
DATED:09/09/2024
JUDGMENT
WA.No.926 of 2022
DISMISSING THE WRIT APPEAL WITHOUT COSTS
2 issues framed by the court
Whether to admit the writ appeal filed by the State against the order staying dispossession pending proceedings under the Estates Abolition Act, 1948.
Whether the order of the District Collector setting aside the Joint Collector's grant of Ryotwari Patta has been nullified, thereby reviving the grant and obviating the need for eviction.
1 provisions across 1 enactments
State Of Andhra Pradesh
Y Balasubrahmanyam
R. Raghunandan Rao
Harinath.N
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
