Disposed

Kollati Dhanalaxmi v. the State of Andhra Pradesh

Andhra Pradesh HC7 Apr 2025WP/7479/2025

Case brief

AI extract

What is this about?

Petitioners sought de-notification of assigned land purchased through a chain from a political-sufferer assignee, which was listed as prohibited property under Section 22-A. Relying on Raavi Satish, the court directed the District Collector to consider their representation in accordance with law within three months.

What did the court decide?

District Collector directed to consider representation dated 30.04.2024 per Raavi Satish judgment and in accordance with law within three months.

Kollati Dhanalaxmi Vs the State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2025)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI .V. (Special Original Jurisdiction)

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TUESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 7479 OF 2025

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Between:

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Kollati Dhanalaxmi, W/o. Narasimha Murthy, Aged 71 years, R/o. D.No. 1-166, Pallepalem, Chinatadinada, Kalidindi Mandal,^{KrishnaDistrict.}

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Kollati"Siva Naga Raju, S/o. Narasimha Swami, - Aged 49^years,R/o. D.No. 1-167A, Pallepalem, Chinatadinada, Kalidindi^Mandal, Krishna District.

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Kollati Sitha Mahalaxmi, W/o. Srinivasa Rao, Aged 50 years, R/o. D.No. 1-167, Pallepalem, Chinatadinada, Kalidindi Mandal,^{KrishnaDistrict.'}

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Kollati Swamulu, S/o. Srinivasa Rao, Aged 30 years,^{R/o.D.No.1-167,} L-'-

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Pallepalem, Chinatadinada, Kalidindi Mandal, Krishna^District.

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Nagidi Venkata lakshmi, W/o. Venkata Narayana, Aged^46years,R/o. D.No.3-59/2, Dongapindi, Bheemavaram, Losarigutlapadu, West Godavari District. V

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Revu Aruna Kumari, C/o. R. Srinivasarao, Aged 35 years, R/o. D.No.348, Main Road, Near Panchayithi, Dongapindi, Losarigutlapadu,^West Godavari District.

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Odugu Umadevi, W/o. Venkateswara Rao, Aged 31 years,^R/o.D.No.2- 80, Chinapalli Veedhi, Akividu Village and Mandal, West Godavari District.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati,^Guntur District.

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The District Collector, West Godavari District, Maruthi Nagar Bhimavaram-534201.

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The Joint Collector, West Godavari District, Bhimavaram. 4. The Revenue Divisional Officer (RDO),, Narasapuram^Division, Narasapuram, West Godavari District.'

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The Tahsildar, Mogal'thur, Mogalthur Mandal, West Godavari^District. 6. The Sub-Registrar, The Sub-Registrar's Office, D.No.1-131/3,⁴ Mazeed Street, Mogalthur, West Godavari 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring^{theactionofthe2nd} and 3rd respondents in not taking steps to de-notify^{thelandtoanextentof} Ac.0.75 cents of land in Sy.No.418/1 and Ac. 1.00 cents of land in Sy.No.418/1, Ac. 1.00 cents of land in Sy.No.418/3^andAc. 1.50 cents of W' land in Sy.No.418/3 totaling to Ac.4.25 cents of land situated in Mutyalapalli Village, Mogalthur Mandal, West Godavari District, pursuant to the representation dated 30.04.2024 as illegal, arbitrary^and unconstitutional and consequently direct the 2'^'^ and 3^*^ respondents to de-notify the land to ^' V,'"' an extent of Ac.0.75 cents of land in Sy.No.418/1 and^{Ac.1.00centsofland} in Sy.No.418/1, Ac. 1.00 cents of land in Sy.No.418/3^{andAc.1.50centsof} land in Sy.No.418/3 situated in Mutyalapalli Village, Mogalthur Mandal, West Godavari District totaling to Ac.4.25 cents and modify^{theweblandrecords} by mentioning the said lands as the Zeroity Lands.

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lA NO: 1 OF 2025

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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 2 nd and 3'"'^ respondents to de-notify the land to an extent of Ac.0.75 cents of land in Sy.No.418/1 and Ac. 1.00 cents of land in

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Sy.No.4t^/1, Ac.1.00 cents of land in Sy.No.418/3 and^Ac. 1.50 cents of land in Sy.No.4t873 situated in Mutyalapalli Village, Mogalthur Mandal, West Godavari District totaling to Ac.4.25 cents and modify^{theweblandrecords} by mentioning the said lands as the Zeroity Lands, pending disposal of the above writ petition.

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Counsel for the Petitioners: SRI GINJUPALLI SUBBA RAO u- L-Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR STAMPS AND-"

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REGISTRATION

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The Court made the following: ORDER

APHC010090612025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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TUESDAY,THE EIGHTH DAY OF APRIL

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO; 7479/2025

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Between:

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Kollati Dhanalaxmi 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.GINJUPALLI SUBBA RAO

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 7479/2025

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ORDER:

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This writ petition is filed under Article 226 of the Constitution

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of the India seeking the following reliefs:-

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“fo issue a writ, order or direction more particularly^one in the nature of Writ of Mandamus declaring the action^of the and 3’'^ respondents in not taking steps to de-notify the land to an extent of Ac. 0.75 cents of land in Sy. No. 418/1 and Ac.1.00 cents of land in Sy.No.418/1, Ac.1.00 cents^of land in Sy.No.418/3 and Ac.1.50 cents of land in Sy.No.418/3 totaling to Ac.4.25 cents of land situatedⁱⁿ Mutyalapalli Village, Mogalthur Mandal, West Godavari District pursuant to the representation dated 30.04.2024^as illegal, arbitrary and unconstitutional and consequently direct the 2^^ and 3''^ respondents to de-notify the^landtoan extent of Ac.0.75 cents of land in Sy.No.418/1 and^Ac.1.00 cents of land in Sy.No.418/1, Ac.1.00 cents of land in Sy.No.418/3 and Ac. 1.50 cents of land in Sy.No.418/3 situated in Mutyalapalli Village, Mogalthur Mandal, West Godavari District totaling to Ac.4.25 cents and modify^the web land records by mentioning the said lands as the Zeroity Lands and pass such other order. ’’

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Heard learned counsel for the petitioners and learned

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Assistant Government Pleader for the respondents.

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Learned counsel for the petitioners submits that the vendor’s vendor of the petitioners herein was assigned patta land under political sufferer category. As per the terms of the assignment, the original assignee is entitled to alienate the subject property after completion of a period of ten years. Admittedly, the^{alienationwas}

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made in the year 1989. Thereafter, after completion^ofmorethan10 years the vendor’s vendor of the petitioner agreed^{foralienationof} the subject land, but the same was not registered as^{thesubjectland} was already enumerated in the list of prohibitory properties^under Section 22-A by the 2"^^ respondent.

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Learned Government Pleader for the respondents submits that even as per the list of prohibited properties^{indicatesthatthe} subject land was assigned to a political sufferer.^{Therefore,theclaim} of the petitioner can be considered with reference to GOs issued by the respondents and in accordance with law.

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Learned counsel for the petitioners relied upon the judgment of the Hon’ble Supreme Court in Raavi Satish^vs.Stateof Andhra Pradesh and others\ wherein it is held as follows: "33. By G.O.Ms.No.1745, Revenue Department, dated 28.08.1959, the Government of Andhra Pradesh has deleted the following conditions which were till then incorporated in the assignments granted to political sufferers:

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a) That the lands assigned should not be alienated for a period of ten years; b) That cultivation should be by the assignee or members of his family or with hired labour under the supervision of himself or members of his

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2012 see OnLine AP 856

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family but the lands cannot be leased out or sub let;

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c) That where the land is resumed for purpose of project or any public purpose no compensation will be paid to the assignee for any improvements made by him.

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Paragraph 2 of the said G.O. specifically permitted the political suffers to sell away the lands assigned to them without imposing any conditions. Despite the said G.O. being in force, the Revenue Officers concerned have been granting assignments to political sufferers in the standard format which are generally applicable to the landless poor persons without deleting the condition prescribing prohibition^on transfer of lands. In the face of the policy decision^ofthe State Government contained in G.O.Ms.No.1745, dated 28.08.1959, such a condition is not enforceable. Accordingly, I hold that the political suffers are^freeto sell the lands assigned to them without any prohibition or inhibition. The respondents in this writ petition^were therefore wholly unjustified in objecting to the sale^ofthe properties.

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42 (G) In cases pertaining to assignments made to political sufferers, the assignees or the persons claiming through them are entitled to transferthe lands by^saleor otherwise without any restrictions and the Registering Officers shall receive and register the documents whenever they are presented. ”

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Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant^Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the 2^'^ respondent^toconsider the representation of the petitioner dated 30.04.2024^{withreference} to the judgment of the Hon’ble Apex Court as extracted^aboveandin accordance with law, within a period of three(3) months^from the date of receipt of copy of this Order.

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