HONOURABLE SMT. JUSTICE V. SUJATHA

WRIT PETITION No.30704 of 2015 and 15297 of 2016

COMMON ORDER:

The issue involved in both these Writ Petitions is one and the same, hence both the Writ Petitions are disposed of by this common order.

W.P.No.30704 of 2015:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"...to issue writ of mandamus or any other appropriate writ or order or direction declaring the proceedings issued by the 4th Respondent in Rc. No.508/2015/SA/Dt. 4.2015 as arbitrary, illegal, unconstitutional and against the principles of natural justice and consequently direct the Respondents herein refrain from interfering with the possession and enjoyment of Plot bearing No.146/C(C-Block), Plot No.191 (A-Block), Plot No.267 (C-Block), Plot No.146/A (B-Block) and Plot No.212 (B-Block) respectively belonging to the Petitioners situate in Sy. Nos.212, 219, 222, 228 and 231 in Jawaharlal Nehru Pharmacity Layout of Agnampudi Village, Gajuwaka Mandal, Visakhapatnam District..."

W.P.No.15297 of 2016:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"...to issue writ of mandamus or any other appropriate writ or order or direction declaring the proceedings issued by the 4th Respondent in Rc.No.508/2015/SA/Dt. .4.2015 as arbitrary, Illegal, unconstitutional and against the principles of natural justice and consequently direct the Respondents herein refrain from interfering with the possession and enjoyment of Plots bearing Nos.299 (A-Block), Plot No.320 (B-Block), Plot No.388 (B-Block) Plot No.244 (B-Block), Plot No.299 (B-Block), Plot No.387 (B-Block), Plot No.322 (B-Block) Plot No.95 (A-Block), Plot No.321 (B-Block), Plot No.287 (B-Block) Plot No.119 (B-Block) Plot No.277/A (C-Block) and Plot No.51 (B-Block) respectively belonging to the Petitioners in Jawaharlal Nehru Pharmacity Layout situated in Sy. Nos.219, 222, 228 and 231 of Agnampudi Village, Gajuwaka Mandal, Visakhapatnam District and pass..."

2. When the matter came up for hearing, this court, granted status quo to be maintained by both the parties, till disposal of the main Writ Petitions.

3. The case of the petitioners is that the petitioners were granted house site pattas after conducting due enquiry and without issuing any notice and without calling for any explanation the impugned proceedings are issued cancelling the house site pattas granted in favour of the petitioners, on directions issued by the Lokayuktha, enquiry was conducted, without notice to the petitioners, the impugned order is passed duly cancelling the pattas issued to the petitioners.

4. Today, when the matter came up for hearing, learned Government Pleader for Revenue placed on record the copy of instructions vide Rc. No.197/2015/SA/Dt. 07.12.2022 given by the Tahsildar, Parawada, wherein it is stated that in pursuance of the orders of the District Collector, Visakhapatnam & Revenue Divisional Officer, Visakhapatnam the Tahsildar, Gajuwaka has cancelled the ineligible house site pattas in "A, B, C" Layouts laid in Aganampudi Village, Gajuwaka Mandal which are the subject plots covered in this Writ Petition.

5. It is also stated that the 4th Respondent Tahsildar, Parwada neither issued the said pattas nor

cancelled the pattas in the subject property and also submitted that the A, B & C layouts are laid in Aganampudi Village of Gajuwaka Mandal, Visakhapatnam District which are not in the jurisdiction of respondent No.4 (Tahsildar, Parwada) and the same are under the jurisdiction of Tahsildar, Gajuwaka, Visakhapatnam District.

6. A perusal of the material on record including the impugned proceedings would show that the 4th Respondent/Tahsildar, without issuing any notice inviting to the petitioners passed the impugned proceedings, in pursuance of the orders of the Revenue Divisional Officer, Visakhapatnam, who is the 3rd Respondent herein.

7. Now, it is relevant to refer Section 5(3) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, which reads as under:

"The [Mandal Revenue Officer] shall, before carrying out any amendment in the record of rights under sub-section (1) or sub-section (2) issue a notice in writing to all persons whose names are entered in the record of rights and who are interested in or affected by the amendment and to any other persons whom he has reason to believe to be interested therein or affected thereby to show cause within the period specified therein as to why the amendment should not be carried out. A copy of the

amendment and the notice aforesaid shall also be published in such manner as may be prescribed. The [Mandal Revenue Officer] shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as he deems fit."

8. In view of the above Section, the Mandal Revenue Officer or the Tahsildar before passing any order shall issue a notice inviting to all persons whose names are entered in the record of rights and who are interested in or affected by the amendment. But in the instant case the 4th Respondent without issuing any notice passed the impugned proceedings which is illegal, arbitrary and contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. Since no Notice was issued before passing the impugned order the issuance of impugned proceedings prima facie, is illegal, arbitrary and contrary to law and the same is liable to be set aside.

9. In view of the above facts and circumstances, these writ petitions are allowed and the proceedings Rc.No.508/2014/SA, issued by the Tahsildar, Gajuwaka are hereby set aside. However, the respondents are directed not to interfere with the possession and enjoyment of the petitioners over the plot bearing No.146/C (C-Block), Plot No.191 (A-Block), Plot No.267 (C-Block), Plot No.146/A (B-Block) and Plots bearing Nos.299 (A-Block), Plot No.320 (B-Block), Plot No.388 (B-Block) Plot No.244 (B-Block), Plot No.299 (B-Block), Plot No.387 (B-Block), Plot No.322 (B-Block) Plot No.95 (A-Block), Plot No.321 (B-Block), Plot No.287 (B-Block) Plot No.119 (B-Block) Plot No.277/A (C-Block) and Plot No.51 (B-Block) belonging to the petitioners in Jawaharlal Nehru Pharmacity layout, situated in Survey Nos.212, 219, 222, 228 and 231 of Aganampudi Village of Gajuwaka Mandal, Visakhapatnam District, without following due process of law. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

_______________ V. SUJATHA, J

Date: 05.01.2023 KGR/SSN

225

HONOURABLE SMT. JUSTICE V. SUJATHA

WRIT PETITION No.30704 of 2015 and 15297 of 2016

Date:05.01.2023

KGR/SSN