Smt. Thoti Sheela, Vs State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

Smt. Thoti Sheela, Vs State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of by extending the order in W.P.No.4111 of 2022 dated 22.02.2023: petitioner to make a fresh representation with documents including the D-Form patta to the 2nd respondent (District Collector, Chittoor) within two weeks; the 2nd respondent to conduct an independent fresh enquiry strictly in accordance with law and pass a final order on entitlement to ex-gratia and its payment on its own merits after hearing all parties including the petitioner, within four months, without reference to the earlier proceedings dated 17.12.2020 for non-production of the D-Form patta; petitioner at liberty to raise even additional grounds in the representation; Office directed to append the copy of the W.P.No.4111 of 2022 order dated 22.02.2023; miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the petitioner is entitled to ex-gratia in respect of the subject land notwithstanding non-production of the D-Form patta, and how the claim is now to be enquired into and decided.

Court's answer

The order passed in W.P.No.4111 of 2022 dated 22.02.2023 is extended to this writ petition.

Ratio / Principle

The petitioner is directed to make a fresh representation, with the necessary documents relating to the subject land including the D-Form patta, to the 2nd respondent.

Key takeaways

The fresh representation is to be made within a period of two (2) weeks from the date of receipt of this order.ratio¶29
On receipt of the representation, the 2nd respondent shall consider and dispose of it by conducting the necessary enquiry strictly in accordance with law.ratio¶29
The final order on the entitlement to ex-gratia and payment of the same shall be considered on its own merits by hearing all the parties concerned including the petitioner.ratio

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), Single Judge - B. Krishna Mohan, J.; Writ Petition No. 4615 of 2022 (Smt. Thoti Sheela v. State of Andhra Pradesh and others), decided 16.09.2025. On both counsel submitting that the issue was similar and identical to W.P.No.4111 of 2022 and squarely covered by the order dated 22.02.2023 passed therein by a learned Single Judge, this Court extended the same order to the present petition and disposed of it. Directions: petitioner to make a fresh representation with documents including the D-Form patta to the 2nd respondent (District Collector, Chittoor) within two weeks; the 2nd respondent to consider and dispose of the representation by a necessary enquiry strictly in accordance with law, treating entitlement to ex-gratia and its payment on its own merits after hearing all parties including the petitioner, and pass the final order within four months - expressly without reference to the 2nd respondent's earlier proceedings dated 17.12.2020 founded on non-production of the D-Form patta; an independent fresh enquiry to be conducted on the fresh representation; petitioner free to raise even additional grounds; copy of the W.P.No.4111 of 2022 order to be appended; pending miscellaneous petitions closed.

[3233]

APHC010064622022

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 4615/2022

Between:

SMT. THOTI SHEELA,, W/O. T. CHENGALRAYALU, AGE 53 YEARS, OCC- CULTIVATION, R/O. HARIJANAWADA, MERLAPAKA VILLAGE, YERPEDU MANDAL, CHITTOOR DISTRICT.

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REPRESENTED THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (LAND ACQUISITION), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR.

THE REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI, CHITTOOR DISTRICT.

THE TAHSILDAR, YERPEDU MANDAL, CHITTOOR DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1.PASALA PONNA RAO

Counsel for the Respondent(S):

1.GP FOR LAND ACQUISITION

2.GP FOR REVENUE

The Court made the following:

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ORDER:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.

However, both the counsels submit that the issue involved in this case is similar and identical to the issue involved in W.P.No.4111 of 2022 and that the subject is squarely covered by the order passed by the learned Single Judge of this Court in W.P.No.4111 of 2022, dated 22.02.2023.

In view of the same, the same order is extended in this case also.

Accordingly, this writ petition is disposed of directing the petitioner to make a fresh representation along with the necessary documents relating to the subject land including the D-Form patta to the 2^nd respondent within a period of two (2) weeks from the date of receipt of this order and on receipt of the same, the 2^nd respondent shall consider and dispose of the representation of the petitioner by conducting the necessary enquiry strictly in accordance with law and the final order with regard to the entitlement of ex- gratia and payment of the same shall be considered on it’s own merits by hearing all the parties concerned including the petitioner giving due opportunity and upon verification of the documents/records and the subject land, the final order shall be passed within four (4) months thereafter without reference to the earlier proceedings of the 2^nd respondent dated 17.12.2020 for non-production of the D-Form patta by the petitioner. As indicated above an independent fresh enquiry shall be conducted in respect of the claim of the petitioner basing

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upon the representation made now. The petitioner is at liberty to raise even

additional grounds in the representation.

Office is directed to append the copy of the order passed in W.P.No.4111 of 2022 dated 22.02.2023, to this order copy.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_________________________ JUSTICE B KRISHNA MOHAN

16.09.2025 PNS

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