Disposed

Pakalapati Satyanarayana Raju S/o Late Byragi Raju, v. The State of A.P. rep.by its Prl. Secretary, Revenue

Telangana HC29 Aug 2017WP/28918/2017

Case brief

AI extract

What is this about?

Petitioners challenged an appellate authority order cancelling pattadar passbooks and directing dispossession of land. The single judge disposed of the writ petition but granted a temporary stay on dispossession pending a potential revision application.

What did the court decide?

Petition disposed; revision allowed within two weeks; stay on dispossession for four weeks if revision filed.

Pakalapati Satyanarayana Raju S/o Late Byragi… — Writ and Judicial Review | Telangana HC (2017)

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THE HON’BLE SRI JUSTI CE P. NAVEEN RAO

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WRI T PETI TI ON No.28918 of 2017

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Dated:29.08.2017

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Between:

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Pakalapati Satyanarayana Raju, S/o. Late Byragi Raju, 70 years, Retired Employee, R/o. Boni Village, Padmanabham Mandal, Visakhapatnam District and others

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…Petitioners

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AND

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The State of Andhra Pradesh, represented by its Principal Secretary, Revenue (Registration) Department, Secretariat, Velagapudi, Amaravathi, Guntur District and others.

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.. Respondents

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The Court made the follow ing:

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PNR,J WP_28918_2017

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THE HON’BLE SRI JUSTI CE P.NAVEEN RAO

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WRI T PETI TI ON No.28918 of 2017

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ORDER:

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Petitioners are aggrieved by the order passed by the appellate authority under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, ‘the Act’). The appellate authority held that possession of the land in issue is belonging to Government, cancelled the pattadar passbooks and title deeds earlier issued, further directions issued to rectify the entries in revenue records and directed the Registering Authority not to entertain deeds of conveyance and also directed to take possession from the petitioners.

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Making submissions elaborately with regard to availing the remedy of revision under Section 9 of the Act against the decision of the appellate authority, learned counsel for the petitioners submits that since there is a threat of dispossession, if limited protection is granted enabling the petitioners to file revision would suffice interest of the petitioners.

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With regard to this submission, leaving it open to the petitioners to avail the remedy of revision and to raise all pleas including the pleas urged in this writ petition, the Writ Petition is disposed of. If such a revision is preferred within two (02) weeks from today, the order under challenge to the extent of possession is stayed for a period of four (04) weeks. It is open to the petitioners

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PNR,J WP_28918_2017

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to file an interlocutory application before the revisional authority seeking stay of the orders passed by the Revenue Divisional Officer. Till such application is considered and/or expiry of four (04) weeks from the date of filing of revision, respondents are directed not to dispossess the petitioners from the subject properties.

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Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

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___________________ JUSTI CE P.NAVEEN RAO

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Date:29.08.2017
Note: Furnish CC within two (02) days
(B/O)
INL

Pakalapati Satyanarayana Raju S/o Late Byragi Raju, v. The State of A.P. rep.by its Prl. Secretary, Revenue

Case brief

What is this about?

What did the court decide?

Pakalapati Satyanarayana Raju S/o Late Byragi Raju, v. The State of A.P. rep.by its Prl. Secretary, Revenue

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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