Jasthi Sarat Babu, Vs The State of Andhra Pradesh

Meka Srinivas, S/o. Satyanarayana, aged. 50, Rep. by his GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59 R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra^Pradesh.

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Mallina Sudhakar, S/o. Krishna Murthy, aged. 45, Rep. by his GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh. .

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Veerapaneni Sudeepthi, D/o. Dandamudi Ramakrishna Prasad, aged 36 Rep. by her GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh

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Kakarlapudi Seethadevi, W/o. KVSAS Seetharamaraju, aged.45 Rep. by her GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh.

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Movva Rama Brammam, S/o. late Shivarama Krishnaiah, aged. 83, Rep. by his GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh.

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Movva Sarojini, W/o. Movva Rama Brammam, aged. 80 Rep. by her GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram,^Andhra Pradesh.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development,

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Secretariat Buildings, Velagapudi, Amaravathi, Guntur^District.

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|rhe t Commissioner and Director of Municipal Administration, VadcTeswaram, Guntur District.

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The Visakhapatnam Metropolitan Region Development Authority, Rep. by its Commissioner, Visakhapatnam.

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The District Collector, Vizianagaram District.

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The District Registrar, Department of Stamps and Registration Vizianagaram District.

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The Joint Sub Registrar, Vizianagaram West, Vizianagaram^District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction or order, particularly one in the nature of Mandamus declaring the action of respondents in not reconveying the land admeasuring Ac 0.71 72 cents (3460.8 sq. yards) in Sy Nos. 33/6 and 33/7 of Dwarapudi village. Vizianagaram Mandal, Vizianagaram District by cancelling the registered gift deed dated 26-10-2022 vide Doc No. 6022/2022 despite issuance of G.O.Ms No. 13 dated 25-01-2023 as arbitrary, without jurisdiction, against law, unjust, and in violation of Article 300-A of Constitution of India and consequently i. direct the 4th respondent to cancel registered gift deed dated 26-10-2022 vide Doc No. 6022/2022 on the file of 6th respondent ii. direct the respondents to re convey the land admeasuring Ac 0.71 Vz cents (3460.8 sq. yards) in Sy Nos. 33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram District to the petitioners.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to consider the representation dated 12-07-2023 submitted by the petitioners^and cancel the registered gift deed dated 26-10-2022 vide Doc^{No.6022/2022onthe} file of 6th respondent in respect of land admeasuring^Ac 0.71 V2 cents (3460.8 sq. yards) in Sy Nos. 33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram District.

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Counsel for the Petitioner: SRI P VIVEK

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Counsel for the Respondent Nos. 1 & 2: GP MUNCIPAL ADMN AND URBAN DEV

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Counsel for the Respondent No.3: SRI V SURYA KIRAN KUMAR (SC FOR VMRDA)

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Counsel for the Respondent Nos. 4 to 6: GP FOR REGISTRATION & STAMPS

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The Court made the following: ORDER

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APHC010016452025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3333]

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(Special Original Jurisdiction)

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TUESDAY ,THE TWENTY FIRST DAY OF JANUARY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1259/2025

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Between:

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Jasthi Sarat Babu, and Others

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...PETITIONER{S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT{S)

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Counsel for the Petitioner(S):

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1.P VIVEK

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Counsel for the Respondent(S):

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1.GP FOR REGISTRATION AND STAMPS

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2.GP MUNCIPAL ADMN AND URBAN DEV AP

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The Court made the following;

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ORDER:

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The present Writ Petition came to be filed under Article²²⁶ of the Constitution of India seeking the following relief:“...to issue a writ, direction or order, particuiarly^one in the nature of Mandamus declaring the action of respondents in not reconveying the land admeasuring Ac.O.jV'^ cents (3460.8 sq.yards) in Sy.Nos.33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram^District by cancelling the registered gift deed dated 26.10.2022 vide Doc.No.6022/2022 despite issuance of G.O.Ms.No.13 dated^25.01.2023 as arbitrary, without jurisdiction, against law, unjust^andin violation of Article 300-A of Constitution of India and consequently

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I. direct the 4”' respondent to cancel registered gift^deed dated 26.10.2022 vide Doc.No.6022/2022 on the file of 6‘^ respondent

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II. direct the respondents to re-convey the land admeasuring Ac.0.71 1/2 cents (3460.8 sq.yards) in Sy.Nos.33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram^Districtto the petitioners and pass... ”

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Heard Sri P.Vivek, learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent Nos.1 & 2, Sri V.Suraya Kiran Kumar, learned , Standing Counsel appearing for the respondent No.3, learned Government i Pleader for Registration & Stamps and perused the material available on record.

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During hearing, learned Government Pleader for P Municipal Administration and Urban Development appearing for the respondents and as well as learned counsel for the petitioner would submit^{thattheissueinvolved} in this Writ Petition is squarely covered by earlier^orders of this Court in W.P.No.8312 of 2023, dated 04.04.2023, wherein this Court passed a detailed Order by allowing the writ petition. Operative portion^{ofthesaidorderreads} as under;

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“U Rssultantly, the Writ Petition is aiiowed. The 4th respondent is directed to cancel the Gift Deed dated 23.11.2022 executed bv re-convey the said land of Ac 1 90 cents covered by Sy.No.191-2P of Karakavaiasa ' Village in oTZThT f'™'’ (04)Zeeks rom the date of receipt of a copy of this order or from the date on which a copy of this order is placed before the T respondent, Whichever is earlier. There shall be no order as to costs.”

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In view of the same, as the issue involved in the present writ petition ISi similar to W.P.No.8312 of 2023 this Court feels it appropriate to allow the present writ petition in similar lines. 5. In the result, the Writ petition i IS allowed and the respondents shall act upon either for re-conveyance of the gift deed or refund of the additional amount as expeditiously as possible to the petitioners preferably within a period of three (03) weeks from the date of receipt of a copy of the order. There shall be no order as to costs.

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Miscellaneous petitions pending if any, in this Writ Petition shall stand

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closed.

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Sd/- M SRINIVAS //TRUE COPY// ASSISTANT REGISTRAR

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To,

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SE OFFICER

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