I APHC010291992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■V 0S FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR^ WRIT APPEAL NO: 607 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dated 15-11-2022 passed in W.P.No. 23011 of 2015 on the file of the High . Court. Between: M. Nirmala,, W/o. Late MR Venkataramana, Aged 62 19-9-61, Vasantalakshmi Nilayam, 0pp. APS Trans Co. DE-Office, Old Tiruchanuru Road, Tirupathi Town, Tirupathi District. R/o. Door No. ...Appellant. AND 1. Karavadi Chengairayulu, S/o. K. Chennaiah, aged 70, Mallamgunta, Harijanawada, Chiguruvada Post, Tirupati Rural Mandal, Tirupathi District. R/o 2-60, ... Respondent/Petitioner 2. The State of Andhra Pradesh, Revenue Department, Rep by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati. Chief Commissioner, O/o. 3. The Chief Commissioner Land Administration, 1st and 3rd Floors, APIIC Building, Auto Nagar, Near NRI Hospitals, Mangalagiri, Guntur District - 522503. 4. The District Collector, Tirupathi, New Tirupathi District, Old Chittoor District. The Tahsildar, Tirupati Rural Mandal, New Tirupathi District, Old Chittoor District. The Working Journalist Mutually Aided Cooperative House Building Society, Tirupati 5. 6. ...Respondents/Respondents- lA NO: 4 OF 2024 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 suspend the operation of the Judgment dated 15-11-2022 passed in W.P. No. 23011 of 2015, pending disposal of the writ appeal. lA NO: 5 OF 2024 — 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 receive the documents filed along with the present application as additional evidence in the above writ appeal on behalf of the appellant. Counsel for the Petitioner: SRI P SAI SURYA TEJA ^ Counsel for the Respondent No. 1: SRI RAGHAVAN K THALAPAKA Counsel for the Respondent Nos. 2 to 5: GP FOR REVENUE The Court made the following order: f APHC010291992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 607/2024 Writ Appeal under clause 15 of the Letters Patent begs to present this Memorandum of Writ Appeal, being aggrieved by the order dated 15-11-2022 passed in W.P.No. 23011 of 2015 Between: I.M. NIRMALA,, W/0. LATE MR VENKATARAMANA, AGED 62, R/0. DOOR NO. 19-9-61, VASANTALAKSHMI NILAYAM, OPP. APS TRANS CO. DE-OFFICE, OLD TIRUCHANURU ROAD, TIRUPATHI TOWN, TIRUPATHI DISTRICT. ...APPELLANT AND 1.KARAVADI CHENGAIRAYULU, S/0. K. CHENNAIAH, AGED 70, R/0 2-60, MALLAMGUNTA, HARIJANAWADA, CHIGURUVADA POST, TIRUPATI RURAL MANDAL, TIRUPATHI DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 3.THE CHIEF COMMISSIONER, 0/0. CHIEF COMMISSIONER LAND ADMINISTRATION, 1ST AND 3RD FLOORS, APIIC BUILDING. AUTO NAGAR, NEAR NRI HOSPITALS, MANGALAGIRI, GUNTUR DISTRICT - 522503. 4.THE DISTRICT COLLECTOR, TIRUPATHI, NEW TIRUPATHI DISTRICT, OLD CHITTOOR DISTRICT. 5.THE TAHSILDAR, TIRUPATI RURAL MANDAL, NEW TIRUPATHI DISTRICT, OLD CHITTOOR DISTRICT. 2 RRR, J & TCDS, J W.A.No.607of2024 6.THE WORKING JOURNALIST MUTUALLY AIDED COOPERATIVE HOUSE BUILDING SOCIETY, TIRUPATI ...RESPONDENT(S): lA NO: 1 OF 2024 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 pleased to dispense with the filing of the certified copy of the Judgment dated 15-11 -2022 passed in W.P. No. 23011 of 2015 and to pass lA NO: 2 OF 2024 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 pleased to grant leave to the petitioners herein to file appeal against the Judgment dated 15-11-2022 passed in W.P. No. 23011 of 2015 and to pass lA NO: 3 OF 2024 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 pleased to condone the delay of 572 days in filing appeal against the Judgment dated 15-11 -2022 passed in W.P. No. 23011 of 2015 and to pass lA NO: 4 OF 2024 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 pleased to suspend the operation of the Judgment dated 15-11-2022 passed in W.P. No. 23011 of 2015, pending disposal of the writ appeal and to pass lA NO: 5 OF 2024 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 may be pleased to receive the documents filed along with the present application as additional evidence in the above writ appeal on behalf of the appellant and to pass Counsel for the Appellant: 1.P SAI SURYATEJA Counsel for the Respondent(S); 1.GP FOR REVENUE 3 RRR, J & TCDS, J W.A.No.607 of 2024 2.RAGHAVAN KTHALAPAKA The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) An extent of Ac.2.25 cents of land in Sy.No.49a-2 of Avilala Village, St Tirupati Rural Mandal is said to have been assigned to the father of the 1 respondent herein. An extent of Ac.0.58 cents of land was acquired in the year 1998, for the purpose of road widening and the respondent was left with Ac. 1.67 cents of land. In the year 2014, the 1®‘ respondent has approached the erstwhile High Court of Judicature at Hyderabad, for the States of Telangana and Andhra Pradesh, by way of W.P.No.34748 of 2014, contending that the Tahsildar, Tirupati Rural Mandal was interfering with the possession of the 1 respondent. The said Writ Petition is still pending. 2. St Thereafter, the 1®* respondent again approached this Court, by of W.P.No.23011 of 2015 contending that the 6*" respondent-Society had the land on the basis of 3. way planted boards, claiming ownership over G.O.Ms.No.1118, Revenue (Assn.IV) Department, dated 08.08.2006 and that the said Government Order allotting the land to the 6“^ respondent-Society, requires to be struck down. The contention of the 1®' respondent, in the Writ Petition, was that the 1®* respondent was in possession of the land, at the time he approached the Court and that he was unaware of the issuance of G.O.Ms.No.1118, till the 4. 4 RRR, J & TCDS, J W.A.No.607 of 2024 members of the 6^^ respondent-Society planted boards in the land. He further contended that he was able to obtain the said G.O., by way of an application under the Right to Information Act, only on 08.06.2015. A learned Single Judge of this Court, by Judgment dated 15.11.2022, had allowed the Writ Petition, setting aside G.O.Ms.No.1118, dated 08.08.2006, with a further direction to the respondents therein to not to interfere with the possession of the 1®‘ respondent/ petitioner therein, over the said land, admeasuring Ac.1.67 cents of land. 5. 6. Aggrieved by the said Judgment, the appellant herein has approached this Court, by way of the present Writ Appeal. 7. The appellant submits that the land in question had been resumed from the 1®' respondent herein, by way of proceedings in the year 1998 by the Tahsildar, Tirupati Rural Mandal and had subsequently been allotted to the 6‘^ respondent-Society by payment of amount at market rate of Rs.10,00,000/- per acre. She would further submit that Plot No.42 had been allotted to her late husband, who was a member of the Society and that she had inherited the property, upon his demise. She would further contend that she is also the owner of Plot No.67, having purchased the same from the member to whom the property had been allotted. 8. The appellant relies upon the counter affidavit filed by the Tahsildar, Tirupati Rural Mandal, in W.P.No.2726 of 2009. In this counter 5 RRR, J & TCDS, J W.A.No.607 of 2024 affidavit, the Tahsildar had specifically stated that the land in Sy.No.496-2 and other survey numbers of Avilala Village, which had been assigned to various persons, had been resumed, by way of proceedings in the year 1998 itself. 9. Sri Balaji Medamalli, learned counsel appearing for Sri A. Sai Surya Teja, learned counsel for the appellant would contend that none of these facts had been placed before the learned Single Judge and the Writ Petition itself is not maintainable, in as much as the order of resumption of the year 1998 has not been challenged and has become final. He further contends that the 1®' respondent does not have any right or title in any part of the said land and consequently, cannot maintain a Writ Petition in relation to the said land. Sri Raghavan K Thalapaka, learned counsel appearing for the 1®' respondent would contend that the appellant herself is not entitled to 10. maintain a Writ Appeal inasmuch as she has lost her title over the land over Plot No.42 and the plot purchased in Plot No.67, in as much as the conditions set out in the deed of sale executed in favour of the respondent stipulate that the members to whom such land would be allotted would have to construct their respective buildings within two years from the date of allotment and that the said land cannot be alienated for a period of 15 years. He submits that no such construction has been carried out and since the appellant has purchased Plot No.67 within the stipulated 15 years, the said transaction stands vitiated and no title is available to the appellant. / % 6 RRR, J & TCDS, J W.A.No.607of2024 Sri Balaji Medamalli, learned counsel would contend that the 6*'^ respondent-Society was not served with any notice and was unaware of 11. the filing of the Writ Petition, i.e., W.P.No.23011 of 2015. A perusal of the Judgment of the learned Single Judge would 12. show that the learned Single Judge had relied upon the submissions of the learned Government Pleader to the effect that, the Government was not interfering with the possession of the 1®* respondent over the said land. It appears that no counter affidavit has been filed in the Writ Petition, despite contrary allegations being made in the counter filed in W.P.No.2726 of 2009. 13. We are of the opinion that it would be appropriate to set aside the order of the learned Single Judge and remand back the Writ Petition for consideration of the learned Single Judge as various significant facts which have a vital bearing on the disposal of the Writ Petition, have not been placed before the learned Single Judge and further no proper pleadings, setting out these facts, have been placed before the learned Single Judge. In the circumstances, the Judgment of the learned Single Judge, 14. dated 15.11.2022 in W.P.No.23011 of 2015 is set aside and the Writ Petition is remanded back for consideration of the learned Single Judge. Needless to say, necessary counter affidavits are to be filed by the Revenue Department at the earliest. It may also be open to the appellant herein to move an application to implead herself in the Writ Petition. 7 RRR, J & TCDS, J W.A.No.607of2024 Accordingly, the Writ Appeal is disposed of. There shall be no 15. order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR \Si^ //TRUE COPY// SECTION OFFICER To, Principal Secretary, Revenue Department, State of Andhra 1. The Pradesh, Secretariat Buildings, Velagapudi, Amaravati. O/o. Chief Commissioner Land 2. The Chief Commissioner, 1st and 3rd Floors, APIIC Building, Auto Nagar, Near Administration NRI Hospitals, Mangalagiri, Guntur District - 522503. 3. The District Collector, Tirupathi, New Tirupathi District, Old Chittoor District. 4. The Tahsildar, Tirupati Rural Mandal Chittoor District. 5. The Working Journalist Mutually Aided Cooperative House SuWdmg Society, Tirupati 6. One CC to Sri. P Sai Surya Teja Advocate [OPUCl^ 7. One CC to Sri. Raghavan K Thalapaka Advocate [OPUC] 8. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC New Tirupathi District, Old n HIGH COURT DATED;12/09/2025 ORDER WA NO. 607 OF 2024 ^ 0 9 OCT 2025 ^S^Qurrent O fT’: Os DISPOSING THE WA WITHOUT COSTS