Dismissed

Rasoolmiah, v. State of Andhra Pradesh

Andhra Pradesh HC19 Sept 2024WP/16223/2019

Case brief

AI extract

What is this about?

This court dismissed a petition challenging a Revenue Court's direction for parties to approach Civil Court regarding land title. The court held the direction was equitable and legally in order, dismissing the writ challenging both the direction and the consequent endorsement.

What did the court decide?

Writ petition No. 23666 of 2020 dismissed with costs of Rs. 1,00,000/-; Writ petition No. 16223 of 2019 disposed of with liberty to approach Civil Court.

Rasoolmiah, Vs State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction) ^ "
^coo
FRIDAY, THE TWENTIETH DAY OF SEPTEMBER ^i
11^
TWO THOUSAND AND TWENTY FOUR
* ^1',

¶2

PRESENT

¶3

THE HONOURABLE SRI JUSTICE G.NARENDAR

¶4

WRIT PETITION os.16223 OF 2019 AND 23666 OF 2020

¶5

WRIT PETITION NO: 16223 OF 2019

¶6

Between:

¶7

Rasoolmiah, S/o. Rajakmiah, Aged about 55 years, Occ- Agriculture R/o. Gokulapadu village, Kallur Mandal, Kurnool District.

¶8

Althaf Hussain, S/o. Khaja Hussain, Aged about 46 years, OccAgriculture, R/o. Gokulapadu village, Kallur Mandal, Kurnool District.

¶9

S.Ahmed Hussain @ Sardar Basha, S/o. Khaja Hussain, Aged about 43 years, OccAgriculture, R/o. Gokulapadu village, Kallur Mandal, Kurnool District

¶10

...PETITIONERS

¶11

AND

¶12

The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep.by its Principal Secretary.

¶13

The Joint Collector and Additional District Magistrate, Kurnool, Kurnool District.

¶14

The Revenue Divisional Officer, Kurnool, Kurnool District.

¶15

The Tahslidar, Kallur, Kallur Mandal, Kurnool District.

¶16

Shaik Allah Baksh, S/o. Abdul Salam, Aged about 47 years, OccAgriculture, R/o. A,Gokulapadu village, Kallur mandal, Kurnool District.

¶17

...RESPONDENTS

¶18

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 of Certiorari or any other appropriate writ or

¶19

¶20

directions calling for the records relating to the order of the 2 nd respondent passed in Rc.D5/1062/2018, dated 4.10.2019 and quash^the same. lA NO: 1 OF 2019 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 suspend the order of the 2nd respondent issued in RC.D5/1062/2018, dated 4.10.2019, pending disposal of the writ petition.

¶21

lA NO: 1 OF 2n?4 Between:

¶22

The Joint Collector and Additional District Magistrate, Kurnool, Kurnooi District.

¶23

...PETITIONER/RESPONDENT

¶24

AND

¶25

Rasoolmiah, S/o. Rajakmiah, Aged about 55 years, Occ- Agriculture

¶26

R/o. Gokulapadu village, Kallur Mandal, Kurnool District.

¶27

Althaf Hussain, S/o. Khaja Hussain, Aged about 46 years, OccAgriculture, R/o. Gokulapadu village, Kallur Mandal Kurnool District.

¶28

SAhmed Hussain @ Sardar Basha, S/o. Khaja Hussain, Aged about 43 years, OccAgriculture, R/o. Gokulapadu village Kallur Mandal, Kurnool District.

¶29

...RESPONDENTS/PETITIONERS

¶30

The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep.by its Principal Secretary.

¶31

The Revenue Divisional Officer, Kurnool, Kurnool District.

¶32

The Tahslidar, Kallur, Kallur Mandal, Kurnool District.

¶33

Shaik Allah Baksh, S/o. Abdul Salam, Aged about⁴⁷ years, OccAgriculture, R/o. A,Gokulapadu village, Kallur mandal, Kurnool District. (R4 to R7 are not necessary parties in this petition)

¶34

...RESPONDENTS/RESPONDENTS

¶35

Petition under Rule 12 sub rule (ii) of Writ Rules 1977 r/w 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 grant leave to the respondent No. 2 to file counter affidavit.

¶36

Counsel for the Petitioners; SRI A. SANMUKHA REDDY Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI GUNDALA SIVA PRASAD REDDY

¶37

WRIT PETITION NO: 23666 OF 7090

¶38

Behveen:

¶39

Shaik Allah Baksh, S/o. Abdul Salam S/o Abdul Salam, Aged 50

¶40

years,R/o H.No.32/57, Medari Street, Kurnool Town and District, Andhra Pradesh.

¶41

Shaik Zia Ur Rahiman, S/o. Abdul Salam W/o Abdul Salam, Aged 45

¶42

years, R/o H.No.32/57, Medari Street, Kurnool Town and District,

Andhra Pradesh.

...PETITIONERS

AND

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi, Guntur District.

¶47

The District Collector, Kurnool District, Kurnool.

¶48

The Joint Collector and Additional District, Magistrate, Kurnool. Kurnool District

¶49

¶50

The Revenue Divisional Officer. Kurnool Revenue Division, Kurnool District.

¶51

The Tahsildar. Kalluru Mandal. Kurnool District.

¶52

S. Altar Hussain, S/o Khaja Hussain, Aged Major, R/o A.Gokulapadu Village, Kalluru Mandal, Kurnool District.

¶53

...RESPONDENTS 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 Writ of Mandamus declaring the action of the respondents, particularly the 5 respondent in issuing the Endorsement in Rc.B/168/2018, dated 13.12.2019 suggesting the petitioners herein to approach competent Civil Court, contrary to the direction of the 3rd respondent in its Proceedings in Rc.No.D5/1062/2018, dated 04.10.2019 i.e. to issue Pattadar Passbooks duly following due process of law on the eligibility, is highly illegal, arbitrary, biased, improper, unjust, contrary to law and in violation of fundamental rights guaranteed under Article 14,21 and 300-A of the Constitution of India and consequently direct the respondents to issue Pattadar Passbooks and Title Deeds with regard land to an extent of Ac.6.06 cents in the name of the petitioner No.1 and Ac.2.00 cents in the name of the petitioner No.2 situated in Sy.no.176/1A of A. Gokulapadu Village, Kallur Mandal, Kurnool District.

¶54

lA NO: 1 OF 2070

¶55

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, particularly the 5'" respondent to consider the claim of the petitioners and issue Pattadar Passbooks and Title Deeds with regard land to an extent of Ac.6.06 cents in the name of the petitioner No.1 and Ac.2.00 cents in the name of the petitioner No.2 situated in Sy.no.176/1A of A. Gokulapadu Village Kallur Mandal, Kurnool District pending disposal of the writ petition.

¶56

Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: SRI V. NITESH The Court made the following: COMMON ORDER

¶57

GN, J. W.P.Nos.16223 pf 2019 & 23666 of 2020

¶58

THE HON’BLE SRI JUSTICE G.NARENDAR

¶59

Writ Petition Nos.16223 of 2019 and 23666 of 2020

¶60

COMMON ORDER:

¶61

Heard the learned Counsels for the Petitioners and the learned Counsels for the Respondents in both the Writ Petitions.

¶62

The issue revolves around the rights of the parties^overthe lands in Survey No. 176 which admittedly were owned by one Razaq Miah. There is no dispute with regard to this fact. The parties at loggerheads are also claiming the said right through said Razaq Miah. It is stated at the bar that the said predecessor in^{titlehadthreesons} and five daughters and out of that the first son had two sons, who are petitioners 2 and 3 and first daughter had two sons and two daughters; that the second and third sons had no issues. The parties^inwhose .favour the pattadar passbook came to be issued claim right on the basis of oral relinquishment of one Basheer Miah and registered relinquishment deed said to have been made in favour of one Smt.Shahjad Bi and, thereafter, a sale deed by the said Shahjad Bi. The devolution of title set out by the parties is unknown to Mohammadan Law. Admittedly, no Hiba or gift deed has been executed. The shares of each heir are categorically^{demarkedunder} the Personal Law of the parties involved. In that view, the proceedings

¶63

GN,J. W.P.Nos.16223 of 2019 & 23666 of 2020

¶64

directing the parties to approach the Civil Court is not only perfectly in order, but legally also an equitable order.

¶65

Despite the above fact being pointed out, the learned Counsel for the petitioners in W.P.No.23666 of 2020, would vociferously contend that the orders must go and the orders are contrary to law.; On being queried to point out the provision of law or the Personal Law, which upholds the devolution of title in the instant case, he would merely proceed to oppose in a loud voice and would in a tone and tenor, which is unbecoming of an officer of the Court, would attempt to dictate to the Court that the order must be held to be inconsonance with law. The conduct of the Counsel cannot be appreciated.^Such vociferous argument without any substance, despite the Court making it known to the Counsel that the submissions are not backed by law, he would continue to repeat the submissions and would call upon the' Court not to dictate the order. The conduct of the Counsel is unbecoming and the same cannot be condoned.

¶66

Hence, the Writ Petition i.e. W.P.No.23666 of 2020 is dismissed with costs quantified at Rs. 1,00,000/- (Rupees One Lakh only). Out of which, Rs.50,000/- (Rupees Fifty Thousand, only) shall be deposited with the “A.P. State Legal Services Authority, Amaravati and the remaining Rs.50,000/(Rupees Fifty Thousand only) shall be

¶67

¶68

GN, J. W.P.Nos.16223 of 2019 & 23666 of 2020

¶69

deposited with the account of “CHIEF MINISTERS RELIEF FUND ANDHRA PRADESH”. The costs shall be deposited within 8 (eight) weeks. Failing which, the Registrar (Judicial), High Court of A.P., Amaravati, shall initiate steps to have the costs recovered in accordance with law.

¶70

The Writ Petition i.e. W.P.No. 16223 of 2019 is disposed^ofwith 9 a liberty to the parties to approach the Civil Court, if they so desire. No costs.

¶71

Consequently, miscellaneous petitions, pending if any, shall

¶72

stand closed.

¶73

MEMO OF COSTS WP No.23666 OF 2020

¶74

Cost Quantified By Court (That the writ petitioners are directed to deposit a sum of Rs.1 0C,000/-( Rupees One Lakh Only). Out of which, Rs. 50,000/(Rupees Fifty Thousand Only) shall be deposited with A.P. State Legal Services Authority, Amaravati” and the remaining Rs.50,000/-(Rup ees Fifty Thousand Only) shall be deposited with the Account^{of“CHIEFMINISTERS} RELIEF FUND ANDHRA PRADESH” within 8(eight) weeks.

¶75

SD/- M. SRINIVAS ASSISTANT REGISTRAR

¶76

//TRUE COPY//

¶77

¶78

The Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravathi, Guntur District.

¶79

The Joint Collector and Additional District Magistrate, Kurnool, Kurnool District,

¶80

The Revenue Divisional Officer, Kurnool, Kurnool^District.

¶81

The Tshsiidar, Kailur, Kallur Mandal, Kurnool District.

¶82

¶83

Shaik Allah Baksh, S/o. Abdul Salam, S/o Abdul Salam, Aged 50 years,R/o H.No.32/57, Medari Street, Kurnool Town and District, Andhra Pradesh.

¶84

Shaik Zia Ur Rahiman, S/o. Abdul Salam, W/o Abdul Salam, Aged 45 years, R/o H.No.32/57, Medari Street, Kurnool Town and District, Andhra Pradesh.

¶85

One CC to Sri A. Sanmukha Reddy, Advocate [OPUC]

¶86

One CC to Sri Gundala Siva Prasad Reddy, Advocate[OPUC]

¶87

One CC to Sri V. Nitesh, Advocate[OPUC]

¶88

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

¶89

[OUT]

¶90

The Registrar(Judicial), High Court of A.P. at Amaravatl. 12, The Secretary, Andhra Pradesh Legal Service Authority,^H.No.2- 23/554-A, V.S.R. Commercial Complex, Malkapuram Village,^nearA.P. Secretariat, Opp. To Traffic Police Station, Thulluru Mandal, Guntur District-522238,

¶91

"he Chief Secretary, (A.P. Chief Ministers Relief Fund), A.P. Secretariat, Veiagapudi, Amaravati, Guntur District,

¶92

■’’hree CD Copies. ssb

high court

DATED:20/09/2024

COMMON ORDER

WP.Nos.16223 of 2019 and 23666 of 2020

¶98

X 0 S OCT 20?'' Current Section ^ * QgS ^

¶99

DISPOSING OF THE W.P. No.16223 OF 2019 WITHOUT COSTS AND DISMISSING THE W.P. No.23666 OF 2020 WITH COSTS

Rasoolmiah, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Rasoolmiah, v. State of Andhra Pradesh

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

Kothari Nancharaiah, Vs Chintala Tulasi Lakshmi

Mundlapati Ratna Kumari Vs Velpula Padma Kumari

M/s.Ushodaya Enterprises Private Limited Vs Musunuru Apparao

Surisetty Rama Rao, Vs The State of Andhra Pradesh

Dr C Sailaja Vs Smt Dhulipala Lakshmi Suseela

Shaik Basheer Vs Kosuri Veeraiah Sarma