IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY THE TWELVETH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION NO. 22058 OF 2009
Between:
Kothagala Jangaiah … Petitioner V/s.
The State of Andhra Pradesh Represented by its Principal Secretary Revenue Department, Secretariat Hyderabad & Ors. … Respondents Counsel for the Petitioner : Sri J. Ugra Narasimha Counsel for the Respondents : GP for Revenue for R-1 to R-3 Sri K.V. Bhanu Prasad for R-4 The court made the following : [order follows] HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION NO. 22058 OF 2009
O R D E R :
The issue arises under the A.P. Rights in Land and Pattedar Passbooks Act, 1971. The petitioner assails order No. B/182/2008, dated 16/10/2008 as illegal and contrary to the provisions of A.P. Rights in Land and Pattedar Passbooks Act, 1971.
2. The petitioner claims to have obtained occupancy right certificate No. L/625/2001 dated 26/11/2001 for an extent of Ac:0-11 guntas in survey No.67/AA of Khajaguda village, Serilingampally Mandal, Ranga Redy district. The fourth respondent claims to have purchased through registered sale deed dated 02/12/1998, the subject-matter of the writ petition. The fourth respondent applied for change of entries in ROR basing upon acquisition through deed dated 02/12/1998. The allegation is that mutation is carried out without notice to petitioner. This court directed the learned Government Pleader to produce the original file No. B/182/2008. The original file is placed before the court and the same is perused. It is evident from the original file that notice No. B/182/2008 dated 20/5/2008 to B. Advaiah, B. Yadamma and M.Sudhakar. The petitioner is not shown as one of the addressees in the notice dated 20/5/2008. The main reason and ground for invoking the extraordinary jurisdiction under Article 226 of the Constitution of India is that the impugned proceeding is violative of principles of natural justice and also mandatory provisions of law.
3. Having perused the original file, this court accepts the limited submission of petitioner that the impugned proceedings is illegal and violative of principles of natural justice. The impugned proceedings is set aside and the matter is remitted to third respondent for consideration and issuance of fresh orders in accordance with law.
4. The writ petition is allowed and the matter is remanded to third respondent. No costs.
JUSTICE S.V. BHATT 12/12/2014
I s L
HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 22058 OF 2009
Circulation No. 234 Date:12/12/2014 Court Master: I s L Computer No.43