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Aluri Venkateswara Rao, v. Prl.Secy., Revenue dept., State of A.P.,

Court: High Court of Andhra Pradesh

Bench: U.DURGA PRASAD RAO

Judgment date:

Case summary

High Court of Andhra Pradesh judgment dated 2024-06-20. Aluri Venkateswara Rao, v. Prl.Secy., Revenue dept., State of A.P.,. Read the judgment and case...

Judgment text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE U. DURGA PRASAD WRIT PETITION NO: 5886 OF 2018 Between: 1. Aluri Venkateswara Rao, S/o. Suri Babu, Aged about 34 years, Occu. Agriculture, R/o. Mandadam Village, Thullur Mandal, Guntur District, Andhra Pradesh. 2. Aluri Jaganmohan Rao, S/o. Venkateswara Rao, aged about 45 years, Occu. Agriculture, R/o. Mandadam Village, Thullur Mandal, Gutur District, Andhra Pradesh. ... PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Dept. , Secretariat, Amaravathi, Krishna District, Andhra Pradesh. 2. of Land The Commissioner(Appeals), O/o. The Chief Commissioner Andhra Pradesh. Administration, Gollapudi, Vijayawada, Krishna District, 3. The Joint Collector, Guntur District, Guntur, Andhra Pradesh. 4.

The Revenue Divisional Officer, Guntur Revenue Division, Guntur, Guntur District, Andhra Pradesh. 5. The Tahsildhar, Tullur Mandal, Guntur District, Andhra Pradesh. 6. The A. P. Capital Region Development Authority, Amravathi, Lenin Center, Near Eluru Road, Vijayawada, Krishna District. Andhra Pradesh Rep. by its Commissioner. 7. The Sub-Registrar, Office of the Sub-registrar, Mandadam mandal, Amravathi Town, Andhra Pradesh. 8. Pillallamarri Ramakrishna Somayajulu, S/o. Purnananda Sastry, aged about 44 years, R/o. 7-3-15, Pillalamarivari street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 9. Pillallamarri Venkata Satyanarayana Murthy, S/o. Purnananda Sastry, aged about 41 years, R/o. 7-3-15, Pillalamarivari street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 10. Pillallamarri Lakshminaranayana Pavan Kumar, S/o. Lakshmi Kantam, aged about 37 years, R/o. 7-28-93, Anjaneya Panthulu Street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 11.

Chintalapati Rama Krishna, S/o. Venkata Sastry, Aged about 52 years, R/o. 6-9-60, Jain Temple Street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 12. Bhagavathula Siva Subrahmanyam, S/o. Dakshana Murthy, Aged about 55 years, R/o. 6-5-12 Chunduruvari Street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. ... RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or orders or direction or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent herein in entertaining the revision petition in CCLAs Ref. No. Settie.

ll(1)/284/2017 as illegal, arbitrary, and against the settled principles of law and consequently dismiss the same and consequently direct the official respondents herein to forthwith release all compensatory benefits as promised for the lands surrendered by the petitioners herein to the 6th respondent herein. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders dt. 01. 12. 2017 in CCLA's Ref. No. Settle. ll(1)/2 84/2017 of the 2nd respondent herein and consequently direct the 6th respondent herein to forthwith release all the compensation benefits for the lands handed over by the petition pending disposal of the Writ Petition.

lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 6th respondent to release and register the plot nos. 8&15 in favour of the petitioners. lA NO: 2 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in CCLA's Ref. No. Settle. 11(1 )/284/2017 on the file of the 2nd respondent herein pending disposal of the writ petition. Counsel for the Petitioner(s): SRI. METTA CHENDRA SEKHAR RAO Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE (AP) Counsel for the Respondent No. 6: SRI D RAMESH AND Counsel for the Respondent No. 7: GP FOR REGISTRATION STAMPS Counsel for the Respondent Nos.

8 to 12: NONE APPEARED The Court made the following: ORDER APHC010134482018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [2605] (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION NO: 5886/2018 Between: Aluri Venkateswara Rao, and Others ... PETITIONER(S) AND PrI Secy Revenue Dept State Of A P and Others ... RESPONDENT(S) Counsel for the Petltioner(S): 1. METTA CHENDRA SEKHAR RAO Counsel for the Respondent(S): 1 . GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) 3. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: ORDER: Notice to unofficial respondents 9 & 12 served. 2. Notice on respondent No. 8 returned unserved as addressee died. 3. Notice on respondents 10 & 11 sent but not yet returned. 4.

While so, learned counsel for petitioners Sri Metta Chandrasekhar Rao nd action of the 2 would submit that the petitioners have challenged the respondent/Chief Commissioner of Land Administration (CCLA), Vijayawada in entertaining the revision petition in CCLA’s Ref. No. Settle. ll (1)/284/2017 as to direct the official illegal, arbitrary and against the law and consequently respondents to release all compensatory benefits to the petitioners in respect of the land surrendered by the petitioners. 5. Referring to the aforesaid reiief, learned counsel would submit that the pemioner may be given opportunity to question the jurisdiction of the 2"" respondent to maintain the revision petition and pass an appropriate order on merits expeditiously and except that he is not asking for any other relief in the writ petition. 6.

Learned Standing Counsel for 2^'^ respondent reported that the mam dispute is between the writ petitioners and unofficial respondents 8 to 12 only and therefore, he left the matter to the discretion of the court. 7. As stated supra, some of the respondents are not served with notices and the respondents who were served have not appeared before this Court, However, having regard to the nature of the relief sought for in the writ petition, this court is of the view that writ petition can be disposed of with a suitable direction. 8. Accordingly, the 2"'^ respondent is directed to dispose of the revision petition in CCLA’s Ref. No. Settle. ll(1)/284/2017 expeditiously, but not later than three (3) months from the date of receipt of a copy of this order, after affording an opportunity of hearing to the writ petitioners herein and also the unofficial respondents 9 to 12 and all other concerned. 9. With the above direction, this writ petition is disposed of. No costs.

As a sequel, interlocutory applications pending if any in this writ petition shall stand closed. SDI- S. SRINIVASA PRASAD //TRUE COPY// ASSISTAN^ REGISTRAR SECTfo^FFICER To, 1. The Principal Secretary, Revenue dept.. The State of Andhra Pradesh, Revenue Dept. , Secretariat, Amaravathi, Krishna District, Andhra Pradesh. 2. The Commissioner(Appeals), O/o. The Chief Commissioner of Land Andhra Administration, Gollapudi, Vijayawada, Krishna District, Pradesh. 3. The Joint Collector, Guntur District, Guntur, Andhra Pradesh. 4. The Revenue Divisional Officer, Guntur Revenue Division, Guntur, Guntur District, Andhra Pradesh. 5. The Tahsildhar, Tullur Mandal, Guntur District, Andhra Pradesh. 6. The A. P. Capital Region Development Authority, Amravathi, Lenin Andhra Pradesh Center, Near Eluru Road, Vijayawada, Krishna District. Rep. by its Commissioner. 7. The Sub-Registrar, Office of the Sub-registrar, Mandadam mandal, Amravathi Town, Andhra Pradesh. 8.

Pillallamarri Ramakfishna Somayajulu, S/o. Purnananda Sastry, aged about 44 years, R/o. 7-3-15, Pillalamarivari street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 9. Pillallamarri Venkata Satyanarayana Murthy, S/o. Purnananda Sastry, aged about 41 years, R/o. 7-3-15, Pillalamarivari street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 10. Pillallamarri Lakshminaranayana Pavan Kumar, S/o. Lakshmi Kantam, aged about 37 years, R/o. 7-28-93, Anjaneya Panthulu Street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 11. Chintalapati Rama Krishna, S/o. Venkata Sastry, Aged about 52 Tenali, years, R/o. 6-9-60, Jain Temple Street, Ganganammapeta, Guntur District, Andhra Pradesh. 12. Bhagavathula Siva Subrahmanyam, S/o. Dakshana Murthy, Aged about 55 years, R/o. 6-5-12 Chunduruvari Street, Ganganammapeta, Tenali, Guntur District, Andhra Pradesh. 13. One CC to Sri. Metta Chendra Sekhar rao Advocate [OPUC] 14.

Two CCs to GP FOR REVENUE (AP) ,High Court Of Andhra Pradesh. [OUT] 15. Two CCs to GP For Registration and Stamps, High Court of Andhra Pradesh at Amaravathi. [OUT. 16. One CC to D. Ramesh, SC For CRDA [OPUC], 17. Three CD Copies AL HIGH COURT DATED:20/06/2024 ORDER WP. No. 5886 of 2018 X 26 a DISPOSING OF THE WP WITHOUT COSTS

Source: High Court of Andhra Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.