Dismissed

Ketha Satyanarayana v. The State of Andhra Pradesh

Andhra Pradesh HC4 Mar 2024WP/4362/2008

Case brief

AI extract

What is this about?

Writ petition challenging the non-cancellation of land assignments under the A.P. Assigned Lands (Prohibition of Transfers) Act 1977. Held: Since the land assignments had already been cancelled during the pendency of the petition, the writ lost its efficacy. Writ petition dismissed with liberty to seek appropriate remedy for possession.

What the court decided

AI extract

Ketha Satyanarayana Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2024)

¶1

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

¶2

TUESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

¶3

PRESENT

¶4

THE HON’BLE SRI JUSTICE RAVI NATH TILHARI

¶5

WRIT PETITION NO: 4362 OF 2008

¶6

Between:

¶7

Ketha Satyanarayana, S/o Dasarathudu,

¶8

age 40 years, Occ; Agriculture

¶9

1. Smt.Tangella Parvathi, W/o Nagachandra Bhushanam age 30 years, Occ: Agriculture

¶10

3, Tottaramudi Janesh, S/o Subba Rao age 30 years, Occ: Agriculture

¶11

Kouru Sreeramulu, S/o Patiah

¶12

age 70 years, Occ: Agriculture

¶13

5, Deva Jakaraiah, S/o Labhan age 55 years, Occ: Agriculture

¶14

Tute Kantha Rao, S/o Bhushanam

¶15

age 41 years, Occ: Agriculture

¶16

Veeravalli Manikyam, S/o Venkanna

¶17

age 36 years, Occ: Agriculture

¶18

Kallepalli Satyanarayana Raju, S/o Venkata Rama Raiu age 52 years, Occ: Agriculture

¶19

Kouru Trimurthulu, S/o Krishna Murthy age 40 years, Occ: Agriculture

¶20

Datla Venkata Raju, S/o Jagannadha Raj u age 65 years, Occ: Agriculture

¶21

V.Kanaka Raju, S/o Venkanna age 35 years, Occ: Agriculture

¶22

All are residents of Dirusumarru Village, Bhimavaram Rural Mandal West Godavari District.

¶23

AND ..Petitioner/s

¶24

1. The State of Andhra Pradesh rep.by Its Secretary to Revenue (Assignment) Department Secretariat, Hyderabad.

¶25

1. The District Collector, West Godavari District at Eluru.

¶26

1. The Revenue Divisional Officer,

¶27

Narsapur, West Godavari District.

¶28

Ihe lahsildar, Bhimavaram Rural Mandal, West Godavari District.

¶29

Guvvala Muraidhar, S/o Panduraju age: Not Known, Occ: Not Known

¶30

Budda Satish Kumar, S/o Jawaralal

¶31

age: Not Known, Occ: Not Known

¶32

1. Gottumukkala Anuradha, W/o Rama Mohan Rao age: Not Known, Occ: Not Known

¶33

1. Penmetsa Naga Krishnam Raju, S/o Siva Rama Raj u age: Not Known, Occ: Not ICnown

¶34

Datla Rajya Laxmi, W/o Someswara Rao age: Not Known, Occ: Not Known

¶35

Gottumukkala Vamsi Krishna, S/o Mohan Varma

¶36

age: Not Known, Occ: Not Known

¶37

:: 2

¶38

Alluri Ramachandra Raju, S/o Pattabhiram age: Not Known, Occ: Not Known

¶39

Ande Narasimha Shyam, S/o Subhash Chandra Bose

¶40

age: Not Known, Occ: Not Known

¶41

Penmetsa Venkata Subba Raju, S/o Venkatarama Raju age: Not Known, Occ: Not Known

¶42

Sagi Venkata Raju, S/o Soma Raju age: Not Known, Occ: Not Known

¶43

Ande Subhashchandra Bose, S/o Narasaiah age: Not Known, Occ: Not Known

¶44

Tammisetti Janardhana Rao, S/o Sreerama Murthy

¶45

age: Not Known, Occ: Not Known

¶46

Penmetsa Ravi Varma, S/o Naga Raju

¶47

age: Not ICnown, Occ: Not Known

¶48

Saripalli Ramagopala Krishnam Raju, S/o Venkatapati^Raju age: Not Known, Occ: Not Known

¶49

Saripalli Venkata Satya Surya Venkatesh, S/o Venkatapati^Raju age: Not Known, Occ: Not I^own

¶50

Kalidindi Sreenivasa Raju, S/o Subba Raju

¶51

age: Not Known, Occ: Not Known

¶52

Kalidindi Ramachandra Raju, S/o Narsimha Raju

¶53

age: Not Known, Occ: Not Known

¶54

Ennaboina Sudhakar, S/o Jangaiah age: Not Known, Occ: Not Known

¶55

Saripalli Haritha, W/o Venkatasatya Surya Venkatesh

¶56

age: Not Known, Occ: Not Known

¶57

Saripalli Bhavani, W/o Ramgopal age: Not Known, Occ: Not Known

¶58

Kalidindi Surya Kumari, W/o Srinivasa Raju

¶59

age: Not Known, Occ: Not Known

¶60

Saripalli Maidhili, W/o Ramgopalage: Not Known, Occ: Not Known

¶61

Saripalli Samanjaneya Sitamahalakshmi, W/o Ramgopala^KrishnamRaju age: Not Known, Occ: Not Known

¶62

Kunaparaju Appala Raju, S/o Ramachandra Raju age: Not Known, Occ: Not Known

¶63

Ande Nirmala Devi, W/o Subhash Chandra Bose age: Not Known, Occ: Not Known

¶64

Datla Koteswara Raju, S/o Venkraju age: Not Known, Occ: Not Known

¶65

Kalidindi Surya Kumari, W/o Vijaya Narasimha

¶66

age: Not Known, Occ: Not Known

¶67

Pasupuleti Hari Gopal, S/o Anjaneyulu

¶68

age: Not BCnown, Occ: Not Known

¶69

Alluri Chiranjeevi Raju, S/o Venkatalaxnii Narasimha^Raju

¶70

age: Not Known, Occ: Not Known

¶71

All are residents of Dirusumarru Village, Bhimavaram^RuralMandal, West Godavari District.

¶72

..Respondent/s

¶73

¶74

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 by declaring in action of the respondents 1 to 4 in not canceling assignment of land made in favour of respondents 5 to 32 and in not assigning the same in favour of petitioners and other needy landless poor persons belonging to SC, ST to B.C and other economically weaker sections of the village though the assignment made in favour of respondents 5 to 32 becomes null and void as per the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act 1977 and rules made thereunder as illegal, arbitrary and vioaltive of Art. 14 and 21 of the Constitution of India and to pass

¶75

I.A. NO: 1 OF 2008fWPMP. NO: 5677 OF 20081

¶76

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the cases of the petitioners along with the other landless poor persons of Dirusumarru Village for granting of assignment of land pending disposal of the writ petition.

¶77

I.A. NO: 1 OF 2009fWPMP. NO: 17880 OF 20091

¶78

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 1 to 4 to take consequential action of destroying the fish tank by granting pattas to needy and eligible persons of Dirusumarru Village, Bhimavaram Rural Mandal, W.G. District, pending disposal of the above WP No. 4362 of 2008.

¶79

Counsel for the Petitioner Nos.1, 5 to 7 & 10 : SRI G.V.K.L NARAYANA

¶80

Counsel for the Petitioner Nos.2 to 4, 8, 9 & 11 ; SRI TENETI PRABHU DASU

¶81

Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE

¶82

Counsel for the Respondent Nos.5 to 33 :

¶83

The Court made the following: ORDER

¶84

THE HON’BLE SRI JUSTICE RAVI NATH TILHARI

¶85

WRIT PETITION No.4362 of 2008

¶86

JUDGMENT: -

¶87

Heard Sri G. V. K. L. Narayana, learned counsel for^the petitioner Nos.l, 5 to 7 and 10 and Sri Tenneti Prabhu Dasu, learned counsel for the petitioner Nos.2 to 4, 8, 9^and 11 and learned Government Pleader for Revenue for the respondent Nos. 1 to 4.

¶88

This writ petition under Article 226 of the Constitution of India has been filed for the following^relief:-

¶89

“Hence, it is prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus by declaring in action of the respondents 1 to 4 in not canceling assignment of land made in favour of respondents 5 to 32 and in not assigning the same in favour of petitioners and other needy landless poor persons belonging to SC, ST to B C and other economically weaker sections of the village though the assignment made in favour of respondents 5 to 32 becomes null^and void as per the provisions of the A. P. Assigned Lands (Prohibition of Transfers) Act, 1977 and rules made thereunder as illegal, arbitrary and vioaltive of Art.^14and 21 of the Constitution of India and to pass such other order or orders as it may deem fit and proper in the circumstances of the case. ”

¶90

¶91

Learned counsel for the petitioners while arguing the matter submits that the assignments of land in favour of the respondent Nos.5 to 32 has already been cancelled after filing of the petition. He submits that inspite thereof, those respondents are still in possession.

¶92

In view of the cancellation of the assigned land as submitted by the petitioners’ counsel, this petition loses its efficacy.

¶93

There is no other prayer with respect to what has been argued with respect to alleged possession.

¶94

Granting liberty to the petitioners to seek appropriate remedy before the appropriate forum with respect to the possession, if so required pursuant to the order of cancellation of the assigned land and if there is no other legal impediment, the present writ petition is dismissed.

¶95

No order as to costs.

¶96

As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.

¶97

To,

¶98

//TRUE COPY//

¶99

OneCCto Sri G.V.K.L Narayana, Advocate [OPUC]

¶100

One CC to Sri Tenneti Prabhu Dasu, Advocate [OPUC]

¶101

TwoCCsto GP for Revenue, High Court of Andhra Pradesh. [OUT] 4. Three C.D. Copies. Cnr

HIGH COURT

DATED:05/03/2024

ORDER

WP.No.4362 of 2008

DISMISSING THE W.P. WITHOUT COSTS

Ketha Satyanarayana v. The State of Andhra Pradesh

Case brief

What is this about?

What the court decided

Ketha Satyanarayana v. The State of Andhra Pradesh

Case brief

What is this about?

What the court decided

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