Disposed

D Bala Subramanyam v. The State of Andhra Pradesh

Andhra Pradesh HC11 Apr 2024WP/8408/2024

Case brief

AI extract

What is this about?

Writ petition filed to declare inclusion of land as government land illegal and direct mutation in favor of petitioners. Court disposed of petition directing third respondent to consider petitioners' offline application and complete enquiry within four weeks without costs.

What did the court decide?

Directed the Tahsildar to consider the petitioners' offline application dated 26.01.2024 and complete the enquiry within four weeks.

D Bala Subramanyam Vs The State of Andhra Pradesh — Property and Title | 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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FRIDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND 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: 8408 OF 2024

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Between;

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D Bala Subramanyam, D/o Srinivasulu, Aged about 57 years, Occ Business, R/o H. No. 11-229, 2 Part, Taraka Rama Nagar,^NearStaff Quarters, Tirupathi, Thummala gunta, Chittor, Andhra^{Pradesh-517502.}

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D Radhika, W/o C S Damodharam D/o Late D Srinivasulu, Aged about 54 years, Occ House wife, R/o D. No. 16-1-97, Nethaji Road, Tirupathi Town, Tirupathi Urban Mandal, Chittoor District.

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C S Madhavi, W/o C A Santhosh D/o Late D Srinivasulu, Aged about 51 years, Occ House wife, R/o D. No. 16-1-1 lOA, Nethaji Road, Tirupathi Town, Tirupathi Urban Mandal, Chittoor District.

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D Venkatakrishnaiah, S/o Late D Srinivasulu, Aged about 88 years, Occ Business, R/o D. No. 119, Block 7, Street No. 173, Muthamil Nagar, Chennai-600118.

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D Vasantha, W/o D Venkatakrishnaiah, Aged about 81 years, Oc Housewife, R/o D. No. 119RU, Block 7, Street No. 173, Muthamil Nagar, Chennai-600118

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D Chandrashekar, S/o D Venkatakrishnaiah, Aged about 54 years, Occ Business, R/o D. No. 119RU, Block 7, Street No. 173, Muthamil Nagar, Chennai-600118

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D Rama Devi, W/o D Laxminarayana Shetty, Aged about 69 years, Occ Housewife /o D. No. 19-6-84/R, Yadava Colony, Tirupathi Town, Tirupathi Urban Mandal, Chittoor District.

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D Jeevan, S/o D Laxminarayana Shetty, Aged about 34 years OcciBusiness, R/o D. No. 19-6-84/R, Yadava Colony, Tirupathi Town, Tirupathi Urban Mandal, Chittoor District.

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D Deepthi, D/o D Laxminarayana Shetty, Aged about 32 years, Occ Housewife, R/o D. No. 19-6-84/R, Yadava Colony, Tirupathi Town, Tirupathi Urban Mandal, Chittoor District

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(Petitioner Nos.2 to 9 are represented by their GPA Holder Petitioner No.1)

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...PETITIONER(S)

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AND

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

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The District Collector, Tirupathi District.

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The Tahsildar, Renigunta, Tirupathi 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/s or Order/s more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in including the land admeasuring Ac. 1.50 Cents in Sy. No. 538/1 and Ac. 2.48 Cents in Sy. No. 538/IB situated in Chengareddypalli village, Renigunta Mandal as Government land as being illegal and violative of Article 300-A of Constitution of India and consequently direct the respondents to mutate the

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names of the petitioners in revenue records and issue pattedar passbook to the petitioners in respect of land admeasuring Ac. 1.50 Cents in Sy. No. 538/1 and Ac. 2.48 Cents in Sy. No. 538/IB situated at Chengareddypalli village, Renigunta Mandal, Tirupathi District and be pleased.

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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 issue interim directions to the respondents to forthwith to conduct enquiry and take action on the representation dt. 26/1/2024 of the petitioners, pending disposal of the WP and be pleased.

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Counsel for the Petitloner(s): SRI. V VENKATA MAYUR

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Counsel for the Respondents 1 to 3 : GP FOR REVENUE

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The Court made the fotlowing: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.8408 OF 2024

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D.Bala Subramanyam, S/o Srinivasulu, Aged about 57 years, Occ: Business, R/o H.No.11-229, 2 Part, Taraka Rama Nagar, Near Staff Quarters, Tirupati, Thummala Gunta, Chittoor, Andhra Pradesh-517502 and Eight others.

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... Petitioners

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Versus

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The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, secretariat, Velagapudi, Amaravati, Guntur District, A.P and Two others.

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... Respondents

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Counsel for the petitioners: Sri V.Venkata Mayur

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Counsel for respondents : GP for Revenue

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O R D E R

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing^onbehalfof the respondents.

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The writ petition is filed to declare the action of the respondents in including the land admeasuring Ac. 1-50 cents in

Page 2 of 4

SRSJ WP No.8408/2024

Sy.No.538/1 and Ac.2-48 cents in Sy.No.538/1 B of Chengareddypal^li Village, Renigunta Mandal as Government land, as illegal and arbitrary and consequently direct the respondents to mutate the names of the petitioners in revenue records and issue pattadar passbooks in respect of the subject land.

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Learned counsel for the petitioners would submit that an extent of Ac. 1-50 cents in Sy.No.538/1 and A.2-48 cents in Sy.No.538/1 B of Chengareddypalli Village, Renigunta Mandal is classified as AWD in revenue records. In fact, the said property was purchased by the petitioners’ grandfather under registered^saledeed dated 14.11.1942 vide document No.2459/1942. He would submit that the petitioners earlier filed W.P.No.33218 of 2023 when the authorities were not conducting enquiry and changed^{classification.} The said writ petition was disposed of directing the petitioner to file application through online as per G.O.Ms.No.3, Information Technology & Communications (Infra) Department, dated 22.02.2012. He would also submit that pursuant to the said application, the petitioner made online application and since the same was not accepted, the petitioner made off-line application to the 3'^'^ respondent on 26.01.2024. Since the said application is not considered, the above writ petition is filed.

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Page 3 of 4

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SRS, J WP No.8408/2024

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Learned Assistant Government Pleader for Revenue would submit that since the land is classified as AWD, it belonged to the Government, online application is not accepted. He would submit that the off-line application made by the petitioner will be considered by the Tahsildar-the 3'^'^ respondent and appropriate^orders will be passed.

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In view of the submission of learned Assistant Government Pleader, without going into other aspects of the case, since the petitioner made off-line application on 26.01.2024, the Writ Petition is disposed of directing the 3'^'^ respondent to consider the application dated 26.01.2024 of the petitioner by conducting enquiry, strictly in accordance with law, and pass appropriate orders. The 3 rd respondent shall complete the exercise within a period of four (4) weeks from the date of receipt of a copy of the order. No^costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

SD/- P VINOD KUMAR

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi.

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The District Collector, Tirupathi District.

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The Tahsildar, Renigunta, Tirupathi District.

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One CC to SRI. V VENKATA MAYUR 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

Madhu

MET

HIGH COURT

DATED:12/04/2024

ORDER

WP.No.8408 of 2024

DISPOSING THE WP WITHOUT COSTS

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D Bala Subramanyam v. The State of Andhra Pradesh

Case brief

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D Bala Subramanyam v. The State of Andhra Pradesh

Case brief

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