Chittatturu Venkatasubbamma Vs State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

Chittatturu Venkatasubbamma Vs State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: petitioner to make a fresh representation with documents including the D-Form patta to the 2nd respondent within two weeks; the 2nd respondent to conduct an independent fresh enquiry strictly in accordance with law, hear all parties, and pass a final order on entitlement to ex-gratia and payment on its own merits within four months, without reference to the earlier proceedings dated 17.12.2020; petitioner free to raise additional grounds; office to append the order in W.P.No.4111 of 2022 dated 22.02.2023; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the present writ petition is covered by, and the order in, W.P.No.4111 of 2022 dated 22.02.2023, which dealt with an identical issue. +1 more

Court's answer

The order passed in W.P.No.4111 of 2022 dated 22.02.2023, which covered an identical issue, is extended to this writ petition as well.

Ratio / Principle

The 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 2nd respondent within two weeks from receipt of the order.

Key takeaways

On receipt of the fresh 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 as to the entitlement of ex-gratia and payment of the same shall be considered on its own merits, by hearing all parties concerned including the petitioner with due opportunity and upon verification of the documents/records and the subject land.ratio¶29
The final order shall be passed within four months thereafter, without reference to the earlier proceedings of the 2nd respondent dated 17.12.2020 taken for non-production of the D-Form patta by the petitioner.

Detailed headnote1 paragraphs

Ex-gratia – fresh consideration despite earlier proceedings for non-production of D-Form patta – Writ petition disposed of in terms of W.P.No.4111 of 2022 (order dated 22.02.2023) covering an identical issue: petitioner directed to make a fresh representation with documents including the D-Form patta to the 2nd respondent (District Collector, Chittoor) within two weeks; on receipt, the 2nd respondent to hold an independent fresh enquiry strictly in accordance with law, hear all parties including the petitioner, verify documents/records and the subject land, and pass a final order on entitlement to ex-gratia and payment on its own merits within four months, without reference to the earlier proceedings of the 2nd respondent dated 17.12.2020; petitioner at liberty to raise additional grounds; office to append the W.P.No.4111 of 2022 order; miscellaneous petitions closed.

[3233]

APHC010090252022

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: 5498/2022

Between:

CHITTATTURU VENKATASUBBAMMA, W/O. LATE C. GURAVAIAH, AGE 50 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

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The Court made the following:

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

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enquiry shall be conducted in respect of the claim of the petitioner basing 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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