D.P. Jaya Kumar vs. State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Gannamaneni Ramakrishna Prasad
Case Status:Disposed
Order Date:12 Oct 2022
CNR:APHC010478102012

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Gannamaneni Ramakrishna Prasad

Listed On:

12 Oct 2022

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Order Text

HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD

WRIT PETITION Nos. 2287 of 2012, 2622 of 2012, 2623 of 2012 & 11368 of 2012

COMMON ORDER:

Sri A. Lalith, learned Counsel appeared on behalf of Sri D.V. Chalapathi Rao, learned Counsel for the Writ Petitioners and Sri Y. Subba Rao, learned Assistant Government Pleader for the Revenue.

  1. The challenge in these Writ Petitions is to the Order issued by the Tahsildar, Surrappakasam Village, Renigunta mandal, Chittoor District in Proceedings bearing ROC.No.B/338/2010 dated 10.03.2012.

  2. Sri Lalith, learned Counsel has brought it to the notice of this Court that the very same Order dated 10.03.2012 was the subject matter of challenge in W.P.No.6787 of 2012, which was disposed of by Order dated 04.04.2012 by the Composite High Court of Andhra Pradesh. It is indicated in the said Order that while the Writ Petition is pending, the Tahsildar has passed the Order of resumption. On that account, the W.P.No.6787 of 2012 was disposed by Order dated 04.04.2012, giving liberty to the parties therein to approach the appropriate Authorities to challenge the fresh Order of resumption.

  3. However, in the present case, Sri Lalith, learned Counsel has placed two documents on record by way of Memo dated 10.10.2022, indicating that, during the pendency of these Writ Petitions, the Writ Petitioners have filed an Appeal under Section 4A of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 before the Appellate Authority namely the Revenue Divisional Officer, Tirupati. He has further stated that on consideration of the entire material on record, the Revenue Divisional Officer has passed a speaking Order dated 21.12.2013 by Proceedings bearing D.Dis.G/2003/2012 setting aside the Order passed by the Tahsildar dated 10.03.2012, as being nonest in the eye of law.

  4. Learned Counsel has further stated that this Order passed by the Revenue Divisional Officer, Tirupati in Proceedings bearing D.Dis.G/2003/2012 dated 21.12.2013 has attained finality, and that the Tahsildar, Renigunta, has also implemented the Order passed by the Revenue Divisional Officer, Tirupati by Proceedings dated 27.05.2014. Both these documents i.e., i) Proceedings of the Revenue Divisional Officer, Tirupati dated 21.12.2013; and ii) Proceedings of the Tahsildar, Renigunta dated 27.05.2014 are taken on record.

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  1. In view of the aforementioned facts, it appears to the Court that during the pendecy of these Writ Petitions, the challenge made by the Writ Petitioners against the same Impugned Order dated 10.03.2012 before the Revenue Divisional Officer, had been allowed and further had been implemented by the Tahsildar; and therefore, the Writ Petitioners' grievance has been properly redressed. It is also noted that the Order dated 21.12.2013 passed in favour of the Writ Petitioners by setting aside the Order of the Tahsildar by holding that it is nonest in the eye of law had attained finality.

  2. In that view of the matter, the Writ Petitions are disposed of noting the above facts. It is also clarified that no further Orders are required in these Writ Petitions except in W.P.No.11388 of 2012.

  3. In W.P.No.11388 of 2012, learned Counsel for the Writ Petitioners has drawn the attention of this Court to prayer (b) and prays for further direction to the Respondent No.5 herein namely the Sub Registrar, Renigunta, Chittoor District to release the Sale Deed presented by the Petitioner No.4 in the pending Registration No.17/2012 dated 10.02.2012. In view of the fact, that the grievance of the Writ Petitioners in W.P.No.11388 of 2012 has been redressed by the Order passed

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by the Revenue Divisional Officer, which has also attained finality and that the said Order had also been implemented by the Tahsildar, the Respondent No.5 would have no impediment in proceeding with registration of the said document bearing Registration No.17/ 2012 dated 10.02.2012. Petitioner No.4 in W.P.No.11388 of 2012 would approach the Respondent No.5 namely the Sub Registrar, Renigunta within a period of six weeks from the date of receipt of the Order and submit a copy of this Order before the said Respondent for compliance. The said Respondent, upon receipt and verification of the documents, will do the needful in accordance with law within a period of three (3) weeks thereafter. No order as to costs.

  1. Interlocutory Applications, if any, stand closed in terms of this order.

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(G. RAMAKRISHNA PRASAD, J)

Dt: 12.10.2022. JKS

HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD

WRIT PETITION Nos. 2287 of 2012, 2622 of 2012, 2623 of 2012 & 11368 of 2012

12.10.2022

JKS