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
DailyLaw.ai
[ 2025 DAILYLAW 10167 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10167 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
■V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDy^YffHE TENTH DAY OF MAI^CH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7203 OF 2020 < i C f ■\\k. ■o Between; The Andhra Pradesh State Construction Corporation Employee Co- ' operative House Building Society Limited, (Regd. No. B.1879) Rep by its President Sri PV Ramana Sarma, S/o. Sri Suryanarayana, Having its office at 39-4-4-1/3, Sector 4, Murali nagar, Visakhapatnam 530 007 ...PETITIONER AND 1,. The State of Andhra Pradesh,'Rep. by its Principal Secretary, Revenue Department, Amaravati. 2. The District Collector, Visakhapatnam District Collectorate, Visakhapatnam - 530 002. >. The Revenue Divisional Officer, Visakhapatnam Division, Collectorate Visakhapantam - 530 002. 4. The Tahsildar, Gajuwaka, Visakhapatnam- 530 026. ...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 a Writ, direction or order more particularly one in the nature of writ of Mandamus, by declaring the inaction of the Respondents in entering the name of the petitioners society i.e., the AP state construction, corporation employees co-operative house building society Limited (Regd. B.1879) in respect of the land purchased in open auction conducted by the official respondents for an extent of Ac.3.78 cents in Survey Nos. 23/4 and 23/5 of Kurmannapalem Village of Gajuwaka Mandal, Visakhapatnam
District in Revenue records as illegal, arbitrary, Unjust, violative of article 300 A of Constitution and violative of principles of natural justice and consequently direct the respondents to mutate/incorporate the name of the petitionerls society in Revenue records in respect of the Petitioner's Society land situated in Survey No. 23/4, 23/5 an extent of Ac.3.78 cents in Ku'rmannapalem Village, Gajuwaka mandal, Visakhapatnam District. if lA NO: 1 OF 2020 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 Respondents not to interfere with the peaceful possession of the petitioner's Sbciety land an extent of Ac.3.78 cents situated in Survey Nos.23/4 & 23/5 of Kurmarmapalem Village, Gajuwaka Mandal, Visakhapatnam District pending disposal of the Writ Petition. Counsel for the Petitioner: M/s. KvSWARNA SESHU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER
...
v 'tStf ■> 1 APHC010113882020 / IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (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 ...PETITIONER Employee Co-operative House Building Society Limi AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KSWARNASESHU 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. 1. 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
2. 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 his claim was rejected by order dated 27.01.2020 in WA No.664 of 2010. Thereafter, the petitioner society made respondent-District Collector in nd representations to the 2 Spandana program on 10.02.2020 & 14.02.2020, requesting them to enter its name in revenue records. The petitioner claims that, it also made representations dated 03.02.2020 &
3 t 04.03.2020, to the respondent Nos.2 & 4 respectively. Pending
consideration of the representations, the respondents without issuing any notice or without following due procedure contemplated under law, tried to interfere with the possessing petitioner society over the lands in dispute. Questioning the said action, the present writ petition is filed.
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 i: represented by the learned Assistant Government pleader for Revenue that, in view of the interim order, the representations of the petitioner could not be considered. On perusal of the documents filed along with the writ petition, more particularly the counter affidavit filed by the State in WA No.664 of 2010, it is admitted that, petitioner stood as highest bidder in the auction conducted over the subject lands and the same was handed over to the petitioner by inducting into possession. IS
4 T
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 granted by this Court 24.06.2020, shall remain in force, till the disposal of the said representations. There shall be no order as to costs. on As a sequel, miscellaneous applications pending, if shall stand closed. any.
Sd/- A.VIJAYA BABU ASSISTANT REGISTRY //TRUE COPY// SECTfON OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Amaravati.
2. The District Collector, Visakhapatnam District Collectorate, Visakhapatnam - 530 002.
3. The Revenue Divisional Officer, Visakhapatnam Division, Collectorate Visakhapantam - 530 002.
4. The Tahsildar, Gajuwaka, Visakhapatnam- 530 026. .5r One CC to M/s. K. Swarna Seshu, Advocate [OPUC] 6.' Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies. ssb
HIGH COURT DATED:10/03/2025
ORDER 10 APR 2025 ^ Current Secwon ^ WP.No.7203 Of 2020 DISPOSING OF THE W.P. WITHOUT COSTS