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2025 DAILYLAW 10130 (AP)

The Andhra Pradesh State Construction Corporation Employee Co-operative House Building Society Limi v. The State of Andhra Pradesh

WP/7203/2020 · 2025-03-10

T C D Sekhar

body2025

Judgment text

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1 APHC010113882020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7203/2020 Between: The Andhra Pradesh State Construction Corporation Employee Co-operative House Building Society Limi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SWARNA SESHU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2 The Court made the following order: The present writ petition is filed questioning the inaction of the respondents in entering the names of the petitioner society in respect of the land admeasuring Ac.3.78 cents in Sy.Nos.23/4 and 23/5 of Kurmannapalem Village, Gajuwaka Mandal, Visakhapatnam District. 2. It is the case of the petitioner that society participated in the public auction held on 15.12.1992, conducted by the Government in respect of the subject land, and has become highest bidder. Pursuant to the same, the possession of the subject land was handed over to the petitioner by the respondents herein. The petitioner society developed the site and applied for layout on 09.09.1998, to Visakhapatnam Urban Development Authority. While things stood thus, the third party one Sri Batchhala Somanna claim right over the subject land and eventually filed W.A.No.664 of 2010, which came to be dismissed on 27.01.2020. Thereafter, the petitioner society made representations to the 2nd respondent- District Collector in Spandana program on 10.02.2020 & 14.02.2020, requesting them to enter its name in revenue records. The petitioner also made representations dated 03.02.2020 & 04.03.2020, to the respondent Nos.2 & 4 respectively. Pending consideration of the 3 representations, the respondents without issuing any notice or without following due procedure contemplated under law, tried to interfere with the petitioner society. Hence, the present writ petition. 3. This Court by order dated 24.06.2020, directed the respondents not to dispossess the petitioner from the subject land without following due procedure contemplated under law, till disposal of the representations made by it. 4. When the matter is taken up for hearing, it is represented by the learned Assistant Government pleader for Revenue that, in view of the interim order, the representations of the petitioner are not considered. He further submitted that in the counter affidavit filed by the then Tahsildar, Gajuwaka, in the above referred writ appeal, it was categorically stated that the subject land was auctioned, and the petitioner has become the highest bidder and accordingly, the subject land handed over to it. 5. In view of the above, the present writ petition is disposed of, directing the respondents to consider and pass appropriate orders on the representations made by the petitioner on 10.02.2020 & 14.02.2020, within a period of six (06) weeks from the date of receipt of a copy of this order. It is needless to mention that the interim order 4 granted by this Court dated 24.06.2020, shall remain in force, till the disposal of the said representations. There shall be no order as to costs. 6. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ T.C.D.SEKHAR,J Date: 10.03.2025 ANS 5 97 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7203/2020 Date: 10.03.2025 ANS 6