Disposed

Vallum Somasekhar Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC21 Apr 2024WP/5939/2024

Case brief

AI extract

What is this about?

Single-bench order disposing of a writ petition and miscellaneous petition seeking mandamus for the grant of Ryotwari Patta. The Court directed the Special Deputy Tahsildar to implement the final revisional order dated 28.12.2023 immediately. The prayer for declaratory relief was deemed unnecessary as implementation was mandated. No costs awarded.

What did the court decide?

Directed the 6th Respondent to implement the order passed by the 2nd Respondent dated 28.12.2023 granting Ryotwari Patta expeditiously. No costs.

Vallum Somasekhar Reddy Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY SECOND DAY OF APRIL

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TWO THOUSANDAND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 5939 OF 2024

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Between:

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Vallum Somasekhar Reddy, S/o. Venkata Subba Reddy, Aged 53 years, R/o. Flat No.4504, 4**^ Block, Vasavi Bmndavanam Apartments, K.V. Ranga Reddy Old Methar Factory Line, Hyderabad, Telangana State Rep.by its G.P.A. Holder Patan Matheen Khan, S/o. Patan Mohammad Khan, Aged 38 years, R/o. D.No.5-59-4/2, Kobaldpet,⁴ th Line, Guntur Town, Guntur District.

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Patan Matheen Khan, S/o. Patan Mohammad Khan, Aged 38 years, Occ: Business, R/o. D.N0.5-59-4/2, Kobaldpet, 4‘^ Line, Guntur Town, Guntur District.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep.by Principal Secretary^-to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District.

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The Commissioner of Appeals, O/o. Chief Commissioner of Land Administration, APIIC Towers, Mangalagiri, Guntur District.

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The District Collector, Visakhapatnam District at Visakhapatnam.

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The Joint Collector, Visakhapatnam, Visakhapatnam District.

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

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The Special Deputy Tahsildar (Inams), Visakhapatnam, Visakhapatnam District.

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...RESPONDENTS

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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 inaction of respondents particularly respondent on the 2"^ petitioner Representations dated 12.02.2024 and 23.02.2024, submitted for implementing the Order i n Proceedings No. Sett-ll (1)7180/2023, dated 28.12.2023 passed by 2nd respondent in Revision Petition filed by him, thereby concluding that the 2nd petitioner is entitled for grant of Ryotwari Patta (Form-VIII), in respect of the 2nd petitioner land of Ac.7.20 Cents in Survey No.24-3D2, situated in Chimalapalli Village of Pendurthy Mandal in Visakhapatnam District for grant of Ryotwari Patta in respect of the said land, as illegal, irregular, irrational, non-discharge of legal obligation conferred on them and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to implement the said order passed by 2"'^ respondent and grant him with Ryotwari Patta.

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lA NO: 1 OF 2024

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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 to consider and initiate necessary action on the 2"^^ petitioner Representations dated 12.02.2024 and 23.02.2024, submitted for implementing the Order in Proceedings No. Sett-ll (1)7180/2023, dated 28.12.2023 passed by 2 nd respondent in Revision Petition filed by him and consequently direct the respondents to implement the said order passed by 2"'^ respondent and grant him with Ryotwari Patta in respect of the 2"^^ petitioner land of Ac.7.20 Cents in Survey No. 24-3D2, situated in Chimalapalli Village of Pendurthy Mandal in Visakhapatnam District as per his Application in AlP No.l772/2022/SDT(1)^{filedbeforethe} 6th respondent, pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI. SITA RAM CHAPARLA Counsel for the Respondent Nos. 1 to 6: ASST.GP FOR^REVENUE The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.5939 of 2024

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Vallum Somasekhar Reddy, S/o Venkata Subba Reddy, aged 53 years, R/o Flat No.4504, 4 th Block, Vasavi Brundavanam Apartments, K.V. Ranga Reddy Old Methar Factory Line Hyderabad, Telangana State Rep. by its G.P.A. Holder Patan Matheen Khan S/o Patan Mohammad Khan, Aged 38 years, R/o D.No.559-4/2, Kobaldpet, 4‘^ Line, Guntur Town, Guntur District and another.

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... Petitioners.

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Versus

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The State of Andhra Pradesh, Rep. by Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District and five others.

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... Respondents.

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Counsel for the petitioners : Sri Sitaram Chaparla Counsel for respondents ; GP for Revenue

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ORDER

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The Writ Petition is filed to declare the inaction of 6 th respondent in implementing the proceedings of 2"'^ respondent in

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No.Sett.ll(1)/180/2023 dated 28.12.2023, as illegal and^arbitrary.

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Page 2 of 4

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SRSJ WP No.5939 of 2024

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Heard Sri Sitaram Chaparla, learned counsel for petitioners and learned Assistant Government Pleader for Revenue for respondents.

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nd 3. Learned counsel for petitioners would submit that 2 petitioner being GPA Holder of petitioner filed revision under Section 14-A of the Andhra Pradesh (Andhra Area) Inams nd (Abolition and Conversion into Ryotwari) Act, 1956 before the 2 respondent. He would submit that, on contest, the revision was allowed on 28.12.2023.

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Learned counsel for petitioner would submit that assailing the order of 2'^^ respondent, the competent authority^did not file any writ petition. He would also submit that since the order of 2^^ respondent has become final, the 6^^ respondent must implement the same, however for the reasons best known to him, nd respondent is not implementing the order passed by 2 respondent.

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Learned Assistant Government Pleader for Revenue , on instructions, would submit that the Government will file writ petition after General Elections are completed.

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Page 3 of 4

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SRSJ WP No.5939 of 2024

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The operative portion of the order passed by revisional

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authority reads as follows;

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“ I arn of the considered opinion that the petitioner is entitled for grant of Ryothwari patta in view of the similarly placed lands under Sy.No.27 of Cheemalapalli village. Hence, both the impugned orders i.e. orders of the RDO, Visakhapatnam passed in D.Dis.No.605/2022/LRDT, dated 01.08.2023 and the order of the Special Deputy Tahsildar (Inam), Visakhapatnam passed in A.I.P.No.1772/2022/5DT(l) dated 04.04.2023 are hereby set aside”.

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Thus, as seen from the material available on record,^there is no dispute that revision filed by petitioner was allowed by 2 nd respondent and the said order has become final. Against^the order dated 28.12.2023, neither writ petition was filed, nor any other proceedings were initiated by the competent authority. In view of the same, keeping the writ petition will not serve any purpose. If the authority intends to assail the order,^thesame could have been done by this time.

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Since no appeal is filed assailing the revisional order,^inthe facts and circumstances of this case, the Writ Petition is disposed of directing the 6*^ respondent to implement the order passed by

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Page 4 of 4

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SRSJ WP No.5939 of 2024

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2^^ respondent in accordance with law as expeditiously as

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possible. No costs.

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As a sequel, pending miscellaneous petitions, if any, shall

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stand closed.

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Sd/- S.SRINIVAS PRASAD assistant registrar

//TRUE COPY//

SECfrON OFFICER

To,

The Principal Secretary - to Government, Revenue Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District

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The Commissioner of Appeals, O/o. Chief Commissioner of Land Administration, APIIC Towers Mangalagiri, Guntur District.

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The District Collector, Visakhapatnam District at Visakhapatnam.

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The Joint Collector, Visakhapatnam, Visakhapatnam District.

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The Revenue Divisional Officer, Visakhapatnam Revenue Division

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Visakhapatnam, Visakhapatnam District

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The specie, Deputy Tahsiidar (inams), Visakhapatnam, Visakhapatnam

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One CC to Sri. Sita Ram Chaparla, Advocate [OPUC]

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Two CCS to GP for Revenue High Court of Andhra Pradesh. [OUT]

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Three CD Copies.

High court

/■
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DATED:22/04/2024

ORDER

WP.No.5939 of 2024

•
2 9 APR C
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Vallum Somasekhar Reddy v. The State of Andhra Pradesh

Case brief

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Vallum Somasekhar Reddy v. The State of Andhra Pradesh

Case brief

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