High Court closed a writ petition challenging the failure to declare petitioners as landless poor farmers and the subsequent auction of land by the Respondent, holding that the auction had already occurred before interim orders.
Petition closed with no order as to costs; pending miscellaneous applications likewise closed.
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
(Special Original Jurisdiction)
! 'I
TUESDAY, THE SIXTEENTH DAY OF JULY
o<br>i rn
TWO THOUSAND AND TWENTY FOUR // cn
PRESENT to HO\t
PRESENT
THE HON’BLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 17511 OF 2010
Between:
Alluru(P),Pitnavaaripalem(M) Bapatia Taluk,Guntur District
...PETITIONER(S)
AND
Executive Officer Ponnur,Guntur District
...RESPONDENTS
f
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 or order or direction more particularly oneinthe nature of writ of Mandamus declaring the action of the respondents in not declaring the petitioners as land less poor Farmers/tenants for the purpose of section 82 of act 1987 and GO Ms No 379 for the lands of R4 under their clutivation to an extent of Ac 2 in Alluru Mandevaripalem(V),Alluru(P) Pitnavaripalem(M) Bapatia Taluk Guntur District as illegal and unconstitutional and consequently direct the respondent to declare the petitioners as land less poor farmers/tenants for the purpose of Section 82 of 1987 and G.O Ms 379 for the lands of R4 under their Cultivation to an extent of Ac 2 in Alluru Mandevari Palem(V),Alluru(P), Pitnavaripalem(M),Bapatia Taluk,Guntur District and pass
I.A. NO: 1 OF 2011fWVMP. NO: 2037 OF 2011)
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 vacate the interim orders granted in WPMP No. 22094 of 2010 i n WP No. 17511 of 2010, dated: 31.07.2010
LA. NO: 2 OF 2010(WPMP. NO: 22094 OF 2010)
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 direct the respondents not to intefere/disturb the possession of the petitioners from the land of R4 to an extent of ac 2 in Alluru Mandevari Palem(V),Alluru(P), Pitnavaripalem(M),Bapatia Taluk,Guntur District by any method including conducting of auction etc
I.A. NO: 1 OF 2010(WVMP. NO: 4410 OF 20101
Between;
/
Sri Sahasra Lingeswara Swamy Vari Devasthanam, Rep.byitsExecutive Officer Ponnur,Guntur District
...PETITIONER/4*^ RESPONDENT
AND
...RESPONDENTS/PETITIONERS
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders made by this Hon'ble Court in WPMP No. 22094/10 dt. 21-07-10 in WP No. 17511/10
Counsel for the Petitioner(s):SRI. K S MURTHY
Counsel for the Respondents: GP FOR ENDOWMENTS
The Court made the following: ORDER
1
APHC010141402010
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3310]
TUESDAY ,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 17511/2010
Between;
Mittanosala Bharatha Rao and Others
...PETITIONER(S)
AND
Government Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner(S):
1.KS MURTHY
Counsel for the Respondent(S):
1.GP FOR ENDOWMENTS
2
The Court made the following;
ORDER;
The Writ Petition is filed under Article 226 of theConstitutionofIndia,
seeking the following relief;
to issue a writ or order or direction more particuiarly one in the nature of writ of Mandamus declaring the action of the respondents in not declaring the petitioners aslandless of section 82 of act poor Farmers/tenants for the purpose 1987 and GO.Ms.No.379 for the lands of R4 under their extent of Ac.2.00 cents in Alluru cultivation to an
(P) Pitnavaripalem mandal, Mandevaripalem, Village, Ailuru Bepatia Taluk Guntur District as iil'egai en, and conseauently direct the respondent to declare the petiZesT as land less poor farmers/tenants for purpose petitioners a ^ ms.379 for the lands of R4 Ailuru IdeZeir Cultivation to an extent of Ac.2.00 cents In Mandevarl Palem(V), Alluru(P), Pitnavanpalem(M), Bapat Taluk Guntur District."
on behalf 3. Mr Ponnada Sreevyas, learned counsel appears and Smt Padmavathi learned counsel for the petitioners Mr K.S.Murthy standing counsel appears for the 4* respondent Padnavis, learned
respondent. In the counter 4. Counter affidavit is filed by the 4 pamphlet containing the notice of auction was affidavit it was stated that the 08.07.2010 after following issued on 30.06.2010 and the auction was held on were present and due procedure of law. On the date of auction, 20 persons of the document, 4 persons paid deposit signed on lease terms and conditions actually participated in the auction of Rs.2,000/- each and only two persons is the brother of the petitioners. i.e., Kaila Yesupadam and M.Ratna Raju who is affidavit that Kaila Yesupadem has became It is further stated in the counter 2012-13 at 28 bags per year and of 2010-11 to highest bidder for 3 years to him on 08.07.2010. possession was handed over
ina for the 4'^ respondent 5. Learned standing counsel appearing the auction was conductedmuchbeforetheinterimordersof submits that as
3
this Court dated 21.07.2010 and the possession wasalsohandedovertothe highest bidder in respect of the subject land, no causesurvives in this Writ Petition and the same may be closed.
- Hence, recording the above submissions, the Writ Petition is closed. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- U. SRIDEVI
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
ENDOWMENTS ,High Court Of Andhra Pradesh 2. Two CCs to GP FOR [OUT]
PRK
HIGH COURT
DATED:16/07/2024
ORDER
WP.No.17511 of 2010
CLOSING OF THE WP WITHOUT COSTS
1 issue framed by the court
Whether the writ petition challenging the non-declaration of petitioners as landless poor farmers/tenants should be allowed.
Mittanosala Bharatha Rao and Others
Government Of Andhra Pradesh
Dr Justice K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
