IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 30704 OF 2015 & 15297 OF 2016

WRIT PETITION NO: 30704 OF 2015

Between:

• 1. Akula Varalakshmi, W/o.Krishna Aged 30 years, R/o.Plot No.146/C (C-Block) Lemarthy Agraharam, Agnampudi R.R.Colony (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District
• 2. Karanam Lakshmi, W/o.Maheswara Rao, Aged 30 years, Plot No.191 (A-Block) Lemarthy Agraharam, Agnampudi R.R.Colony (Pharma City
• Colony), Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District. Korukonda Nookaratnam, W/o Korukonda Durgalu, Aged 55 years, R/o.Plot No.267 (C-Block) Lemarthy Agraharam, Agnampudi R.R.Colony (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District.
• 4. Kada Satyavathi, W/o.late Sadhu Rao, Aged 48 years, R/o.Plot No.146/A, (B-Block) Lemarthy Agraharam, Agnampudi R.R.Colony (Pharma $City$ Colony), Gajuwaka Mandal, Visakhapatnam. Visakhapatnam District
• 5. Kada Babuji @ Arsi Babuji, S/o.Appala Swamy, Aged 50 years, R/o.Plot No.212 (B-Block). Lemarthy Agraharam, Agnampudi Agnamoudi R.R.Colony (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam, Visakhapatnam District

...PETITIONERS

AND

• 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue, AP Secretariat, Hyderabad.
• The District Collector, Visakhapatnam, Visakhapatnam District. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District.
• 4. The Tahsildar, Gajuwaka Mandal, Visakhapatnam District.,
• 5. The Special Grade Deputy Collector, R & R A.P.I.I.C., Atchuthapuram, Visakhapatnam District.

(Cause Title is amended as per Courts order Dt: 05/01/2023 vide order passed in IA $\grave{0}$ 1/2022)

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus or any other appropriate writ or order or direction declaring the proceedings issued by the 4^th

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 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.

I.A. NO: 1 OF 2015(WPMP. NO: 39650 OF 2015)

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents herein not to dispossess the Petitioners from 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 in Jawaharlal Nehru Pharmacity Layout, situate in Sy.Nos. 212, 219, 222, 228 and 231 of Agnampudi Village, Gajuwaka Mandal, Visakhapatnam District, pending disposal of the Writ Petition before this Hon'ble Court.

Counsel for the Petitioners : SRI. T.NAGARJUNA REDDY

Counsel for the Respondent Nos. 1 to 4 : GP FOR REVENUE

Counsel for the Respondent No. 5: SRI P. ROY REDDY

WRIT PETITION NO: 15297 OF 2016

Between:

• 1. M.Lakshmi, W/o.Harinadh, Aged 42 years, Plot No.299 (A-Block),<br>Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.
• 2. Yerni Satyanarayana, S/o.Appa Rao, Aged 46 years, Plot No.320 (B-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District. Dasari Satyavathi, W/o.Venkata Ramana, Aged 42 years, Plot No.388
• (B-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma
• City Colony), Gajuwaka Mandal, Visakhapatnam District.<br>4. Gandham Vijaya Kumai, W/o.Rama Rao, Aged 45 years, Plot No.244 (B-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District. Kanaparthi Sunanda, W/o.Ramayya, Aged 44 years, Plot No.299 (B-Block), Lemarthy
• Colony), Gajuwaka Mandal, Visakhapatnam District.
• 6. Karri Apparao, S/o Sanyasi, Aged 60 years, Plot No.387 (B-Block),<br>Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.
  • 7. Dungala Satya Rama Raju, S/o.Demudu, Aged 40 years, Plot No.332 (B-Block), Lémarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.

$\mathbb{L}^{\mathbb{C}}$

• 8. Chimmiti Anjaneyulu, S/o.Kotaiah, Aged 45 years, Plot No.95 (A-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.
• 9. Chalapa Reddy Appa Rao, S/o.Venki Naidu, Aged 37 years, Plot No.321 (B-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.

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• 10. Jaagarapu Ramanamma, W/o Narayana Rao, Aged 55 years, Plot No.287 (B-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.
• 11. Pilla Appa Rao, S/o.Ramana, Aged 58 years, Plot No.119 (B-Block),<br>Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.
• 12. Karri Varahalu, S/o.Appa Rao, Aged 45 years, Plot No.273/A (C-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.
• 13. Karanam Sujhatha, W/o.Manneswara Rao, Aged 40 years, Plot No.51 (B-Block), Lemarthy Agraharam, Agnampudi R.R. Colony, (Pharma City Colony), Gajuwaka Mandal, Visakhapatnam District.

...PETITIONERS

$\mathbb{R}^{n\times n}$ AND

$\mathcal{L}_{\mathcal{A}} \subset \mathcal{A}$

• 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue, AP Secretariat, Hyderabad.
• The District Collector, Visakhapatnam, Visakhapatnam District.
• 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District.
• 4. The Tahsildar, Gajuwaka Mandal, Visakhapatnam District.
• 5. The Special Grade Deputy Collector, R & R A.P.I.I.C., Atchuthapuram, Visakhapatnam District. $\mathcal{L} \to \mathcal{L}$

$\mathcal{L}^{\mathcal{A}}$

$\mathcal{L}_{\text{max}}$ $\mathcal{L}^{\mathcal{A}}$

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of mandamus or any other appropriate writ or order or direction declaring the proceedings issued by the 4^th 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, situate in Sy.Nos. 219, 222, 228 and 231 of Agnampudi Village, Gajuwaka Mandal, Visakhapatnam District.

I.A. NO: 1 OF 2016(WPMP. NO: 18960 OF 2016)

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents herein not to

dispossess the Petitioners from 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), P lot N 0.387 (B-Block), P lot N 0.322 (B-Block), P lot N 0.95 (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, situate in Sy.Nos. $219.$ 222, 228, 231 of Agnampudi Village, Gajuwaka Mandal, Visakhapatnam District, pending disposal of the Writ Petition before this Hon'ble Court. $\mathcal{L}_{\mathcal{L}}$

$\mathcal{L} \mathcal{L} \mathcal{L}$ $\mathcal{A}_{\mathcal{A}}$ $\overline{a}$ $\mathcal{L}^{\mathcal{A}}(\mathcal{A})$

Counsel for the Petitioners : SRI. T.NAGARJUNA REDDY

Counsel for the Respondent Nos. 1 to 4 : GP FOR REVENUE

$\mathcal{L}{\text{max}} \sim 10^{-3}$ $\mathcal{S}^{\mathcal{A}}{\mathcal{A}}$ $\mathcal{L} \sim \mathcal{L}$ $\mathcal{L} \in \mathbb{R}^{n \times n}$ $\mathcal{L}^{\mathcal{L}}$ $\mathcal{L}^{\mathcal{A}}(\mathcal{A})$ $\lambda(\mathcal{F})$ $\mathcal{L}$

$\mathcal{O}(\mathcal{O})$

$\cdot \cdot$ $\mathcal{L} = \mathcal{M}$

$\frac{1}{\sqrt{2}}\frac{1}{\sqrt{2}}$ $\quad \ \ , .$

$\mathcal{F}{\mathcal{A}}$ $\gamma{\rm{in}}$

Counsel for the Respondent No. 5: SRI P ROY REDDY

The Court made the following: COMMON ORDER

$\overline{ }$

HONOURABLE SMT. JUSTICE V. SUJATHA

' '•it ! 'J ... ■ ■

WRIT PETITION No.30704 of 2015 arid 15297 of 2016

COMMON ORDER:

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

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 opp^Pf^ote writ or order or direction declaring the proceedings issued by the 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 ofPlot bearing No.l46/C(C-Block), Plot No. 191 (A-Block), Plot No.267 (C-Block), Plot No. 146/A (B-Block) and Plot No.212 (BBlock) respectively belonging to the Petitioners situate in Sy. Nos.212, 219, 222, 228 and 231 in dawaharlal 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 Respondent in Rc.No.508/201S/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 ofPlots 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-Blociq 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 andpass..."

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

2

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 a Collector, Visakhapatnam 8^b 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

3

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1 " V-

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 Tahsildar, $\mathbf{of}$ Gajuwaka, Visakhapatnam District.

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

Now, it is relevant to refer Section 5(3) of the 7. 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 $\frac{1}{2}$ 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 4^th Respondent without issuing notice passed the impugned any 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

$\mathcal{L}$

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.

//TRUE COPY//

ASSISTANT REGISTRAR λ SECTION OFFICER

SD/- B. CHITTI JOSEPH

To,

• 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, AP Secretariat, Amaravathi, Guntur District.
• 2. The District Collector, Visakhapatnam, Visakhapatnam District.
• 3. The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District.
• 4. The Tahsildar, Gajuwaka Mandal, Visakhapatnam District.
• 5. The Special Grade Deputy Collector, R & R A.P.I.I.C., Atchuthapuram, Visakhapatnam District.
• 6. One CC to Sri. T Nagarjuna Reddy Advocate [OPUC]
• One CC to Sri. P Roy Reddy Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies

$PV$

HIGH COURT

DATED:05/01/2023

COMMON ORDER

WP.No.30704 of 2015 & 15297 of 2016

11 Copies<br>SGR<br>ST8

ALLOWING THE WPS WITHOUT COSTS