Jasthi Sarat Babu, v. The State of Andhra Pradesh,
WP/1259/2025 · 2025-01-21
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3410 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3410 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1259 OF 2025 Between:
1. Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59 R/o. Plot no.30, Shiridi Sal Nagar, Ring road, Vizianagaram, Andhra Pradesh. 2. Meka Srinivas, S/o. Satyanarayana, aged. 50, Rep. by his GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59 R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh. 3. Mallina Sudhakar, S/o. Krishna Murthy, aged. 45, Rep. by his GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh. . 4. Veerapaneni Sudeepthi, D/o. Dandamudi Ramakrishna Prasad, aged 36 Rep. by her GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh
5. Kakarlapudi Seethadevi, W/o. KVSAS Seetharamaraju, aged.45 Rep. by her GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh. 6. Movva Rama Brammam, S/o. late Shivarama Krishnaiah, aged. 83, Rep. by his GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh. 7. Movva Sarojini, W/o. Movva Rama Brammam, aged. 80 Rep. by her GPA Holder, Jasthi Sarat Babu, S/o. Jasthi Koteswara Rao, aged. 59, R/o. Plot no.30, Shiridi Sai Nagar, Ring road, Vizianagaram, Andhra Pradesh. ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. |rhe t Commissioner and Director of Municipal Administration, VadcTeswaram, Guntur District. 3. The Visakhapatnam Metropolitan Region Development Authority, Rep. by its Commissioner, Visakhapatnam. 4. The District Collector, Vizianagaram District. 5. The District Registrar, Department of Stamps and Registration Vizianagaram District. 6. The Joint Sub Registrar, Vizianagaram West, Vizianagaram District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction or order, particularly one in the nature of Mandamus declaring the action of respondents in not reconveying the land admeasuring Ac 0.71 72 cents (3460.8 sq. yards) in Sy Nos.
33/6 and 33/7 of Dwarapudi village. Vizianagaram Mandal, Vizianagaram District by cancelling the registered gift deed dated 26-10-2022 vide Doc No. 6022/2022 despite issuance of G.O.Ms No. 13 dated 25-01-2023 as arbitrary, without jurisdiction, against law, unjust, and in violation of Article 300-A of Constitution of India and consequently i. direct the 4th respondent to cancel registered gift deed dated 26-10-2022 vide Doc No. 6022/2022 on the file of 6th respondent ii. direct the respondents to re convey the land admeasuring Ac 0.71 Vz cents (3460.8 sq. yards) in Sy Nos. 33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram District to the petitioners. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to consider the representation dated 12-07-2023 submitted by the petitioners and cancel the registered gift deed dated 26-10-2022 vide Doc No. 6022/2022 on the file of 6th respondent in respect of land admeasuring Ac 0.71 V2 cents (3460.8 sq. yards) in Sy Nos. 33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram District. Counsel for the Petitioner: SRI P VIVEK Counsel for the Respondent Nos. 1 & 2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.3: SRI V SURYA KIRAN KUMAR (SC FOR VMRDA) Counsel for the Respondent Nos. 4 to 6: GP FOR REGISTRATION & STAMPS The Court made the following: ORDER
APHC010016452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1259/2025 Between: Jasthi Sarat Babu, and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S):
1.P VIVEK Counsel for the Respondent(S):
1.GP FOR REGISTRATION AND STAMPS 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following;
ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“...to issue a writ, direction or order, particuiarly one in the nature of Mandamus declaring the action of respondents in not reconveying the land admeasuring Ac.O.jV'^ cents (3460.8 sq.yards) in Sy.Nos.33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram District by cancelling the registered gift deed dated 26.10.2022 vide Doc.No.6022/2022 despite issuance of G.O.Ms.No.13 dated 25.01.2023 as arbitrary, without jurisdiction, against law, unjust and in violation of Article 300-A of Constitution of India and consequently direct the 4”' respondent to cancel registered gift deed dated 26.10.2022 vide Doc.No.6022/2022 on the file of 6‘^ respondent I. II. direct the respondents to re-convey the land admeasuring Ac.0.71 1/2 cents (3460.8 sq.yards) in Sy.Nos.33/6 and 33/7 of Dwarapudi village, Vizianagaram Mandal, Vizianagaram District to the petitioners and pass... ” Heard Sri P.Vivek,
learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent Nos.1 & 2, Sri V.Suraya Kiran Kumar, learned , Standing Counsel appearing for the respondent No.3, learned Government i Pleader for Registration & Stamps and perused the material available on record.
2. During hearing, learned Government Pleader for P Municipal Administration and Urban Development appearing for the respondents and as well as learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by earlier orders of this Court in W.P.No.8312 of 2023, dated 04.04.2023, wherein this Court passed a detailed
Order by allowing the writ petition. Operative portion of the said order reads as under;
4.
“U Rssultantly, the Writ Petition is aiiowed. The 4th respondent is directed to cancel the Gift Deed dated 23.11.2022 executed bv re-convey the said land of Ac 1 90 covered by Sy.No.191-2P of Karakavaiasa ' Village in oTZThT f'™'’ (04)Zeeks rom the date of receipt of a copy of this order or from the date which a copy of this order is placed before the T Whichever is earlier. There shall be cents on respondent, no order as to costs.” same, as the issue involved in the present writ petition i this Court feels it
4. In view of the IS similar to W.P.No.8312 of 2023 appropriate to allow the present writ petition in similar lines.
5. In the result, the Writ petition i upon either for re-conveyance of the gift deed amount as expeditiously IS allowed and the respondents shall or refund of the additional preferably within a of receipt of a copy of the order. act as possible to the petitioners period of three (03) weeks from the date There shall be no order as to costs. Miscellaneous petitions pending if any, in this Writ Petition shall stand closed.
Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, and Guntur District. uidings, Velagapudi, Amaravathi. Vaddeswar^rlTGunlurorslricf^"^^®' ^antapal Adminiatralio Vizianagaram District. n Authority, Rep.
4. The District Collector
5. The District Registrar, Department of Stamps and Registration Vizianagaram District.
6. The Joint Sub Registrar, Vizianagaram West, Vizianagaram District.
7. One CC to Sri P Vivek Advocate [OPUC]
8. One CC to Sri V Surya Kiran Kumar, Advocate [OPUC]
9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT]
10. Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT]
11. Three CD Copies TF
\ HIGH COURT DATED:21/01/2025
ORDER WP. No. 1259 of 2025 ANO«^ 8" O' * 0 6 MAR 2025 . Current Section .
ALLOWING THE W.P., WITHOUT COSTS