Extracted from the PDF above. The PDF is authoritative.
APHC010188092020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3505] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 12071/2020
Between:
M Mahadevi and Others
...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner(S):
1. K SRINIVAS
Counsel for the Respondent(S):
1. GP FOR REVENUE
The Court made the following Order:
The present Writ Petition is filed questioning the action of the respondents in deleting the names of the petitioners in Form 1-B ROR in respect of the land an extent of Acs.3.04 cents in Sy.No.37/9, and land admeasuring Acs.2.00 cents in Sy.No.37/7, belonging to the petitioners, respectively, situated in Jowkupalli Village, Ramakuppam Mandal, Chittoor District. 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. It is the case of the petitioners that they were granted DKT pattas in respect of the subject lands during the 6th round of the Land Distribution Program in the year 2012, and since the date of the grant, they have been in peaceful possession and enjoying of the same. They further contend that they did not violate the conditions of the DKT patta. Pursuant to the grant of DKT pattas, the petitioners approached the respondents for issuance of pattadar pass books and title deed books. At that juncture, the 3rd respondent allegedly asked the petitioners to furnish the original DKT pattas, stating that some corrections need to be made. Believing the said statement, the petitioners handed over their
DKT pattas to the 3rd respondent. However, the 3rd respondent did not return the original DKT pattas to the petitioners. Therefore, the petitioners made a representation to the 2nd respondent on 21.10.2019 through the Spandana Programme, which was forwarded to the 3rd respondent for taking necessary action. 4. It is the further case of the petitioners that, as of 26.02.2019, their names were duly recorded in the revenue records, specifically in Form 1-B and adangals. However, certain local political leaders of ruling party, who were inimically disposed towards the petitioners, allegedly prevailed on the respondents to cancel their DKT pattas. Consequently, the 3rd respondent submitted proposals to the 2nd respondent to cancel the DKT pattas of the petitioners.
In pursuance of the same, the 2nd respondent issued notice dated 28.05.2020, asking the petitioners to appear before him on 06.06.2020 at 11 A.M. He further submitted that, accordingly the petitioners appeared before the 2nd respondent on the said date and the matter was adjourned to
20.06.2020. Pending enquiry before the 2nd respondent, the names of the petitioners were deleted from the revenue records by the 3rd respondent without issuing any notice. By virtue of the said action of the 3rd respondent, the local political leaders are trying to dispossess the petitioners from the subject lands. Impugning the said action of the 3rd respondent in deleting the names of the petitioners from the revenue records, assailing the same, present writ petition is filed. 5. On the other hand, the learned Assistant Government Pleader for Revenue placed on record the written instructions dated 06.01.2025, furnished by the 3rd respondent. On perusal of the same, it is clearly mentioned that the petitioners were never given DKT pattas, nevertheless they managed to get their names mutated in revenue records. The written instructions further states that the petitioners are not in possession of the subject lands. Moreover, the 2nd respondent, upon calling for a report from the then Tahsildar and Sub Collector and conducting an enquiry, issued proceedings dated 06.09.2020, directing the cancellation of the web land entries in favor of the petitioners. It is further contended that the present writ petition has been filed suppressing the above factual aspects. 6. On perusal of the averments made in support of the writ petition, the petitioners have stated that they were issued DKT pattas over the subject lands but nothing is placed on record to substantiate the same. It is further averred in the affidavit that the original DKT pattas were given to the 3rd respondent at his request so as to make necessary corrections.
The said statement
of the petitioners cannot be believed as the petitioners failed to file copies of alleged DKT pattas granted in their favor. Further, the present writ petition is filed on 20.06.2020, that is subsequent to the passing of orders dated 16.09.2020 by the 2nd respondent. Through the said orders, the 2nd respondent directed the then Tahsildar and Sub Collector to delete the names of the petitioners from revenue records after conducting a thorough enquiry. 7. From the above, it is clear that the petitioners approached this Court with unclean hands and by suppressing the real facts. In view of the same, there are no merits in the writ petition and accordingly the same is dismissed. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR
4th March, 2025 cbn/dsb
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HON’BLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION No.12071 of 2020
4th March, 2025
cbn/dsb