Writ petition challenging notification of waste lands dismissed as the notified G.O.Ms. already set aside in a prior judgment held infructuous.
The writ petition was dismissed as wholly misconceived; the interim relief petition was disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.37894 of 2013
Date: 24.12.2013
Between: Aasi Lakshmi and three others AND The Government of A.P., Rep. by its Principal Secretary Dept. Revenue Department, Secretariat, Hyderabad and others
..... PETITIONERS
.....RESPONDENTS
Counsel for the Petitioner: SRI M.V.RAJARAAM Counsel for the Respondents.: AGP FOR REVENUE
The Court made the following :
ORDER:
This writ petition is filed with the grievance that the lands belonging to the petitioners in Survey Nos.296/6A to 296/6D of Madhuravada, Visakhapatnam Rural, Mandal and District, are notified as assessed waste lands vide G.O.Ms.No.581, Revenue (Registration-I) Department, dated 04.05.2005.
The material filed by the petitioner itself would show that the said notification is no longer in existence as the same was set aside by this Court by order dated 04.05.2005 in W.P.No.30213 of 2012. This fact is borne out by a copy of order dated 25.04.2013 in W.P.No.11971 of 2013 and batch filed by the petitioners themselves. Paragraph 2 of the said order reads as under:
“Relevant to note, this Court had occasion to deal with a similar notification, issued in G.O.Ms.No.581, Revenue (Registration.I) Department, dated 04.05.2005, in W.P. No.30213 of 2012. A copy of the order dated 26.09.2012 passed therein is placed on record and reflects that this Court, taking note of the fact that Section 22-A of the Registration Act, 1908 as it stood earlier was struck down by this Court, held that the notification issued in exercise of powers thereunder would not survive. This Court therefore concluded that the authorities could not treat the lands covered by such a notification as Government lands. What was stated by this Court in the context of G.O.Ms.No.581 dated 04.05.2005 would have equal application to G.O.Ms.No.583 dated 04.05.2005. The action of the authorities in treating the lands of the petitioners as Government lands on the basis of G.O.Ms.No.583 dated 04.05.2005 and prohibiting registration of documents in consequence thereof cannot therefore be countenanced.”
In the light of the above admitted facts, I am of the view that this writ petition is wholly misconceived and the same is accordingly dismissed.
As a sequel to disposal of the writ petition, W.P.M.P.No.47146 of 2013 filed by the petitioners for interim relief is disposed of as infructuous.
____________________________ C.V.NAGARJUNA REDDY, J
Date: 24.12.2013 va
1 issue framed by the court
Whether a writ petition challenging a land notification should be entertained when the same notification has already been set aside by a prior judgment of this Court.
Aasi Lakshmi and three others
The Government of A.P. Rep. by its Principal Secretary Dept. Revenue Department
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
