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2025 DAILYLAW 9276 (AP)

Matta Venkateswara Rao, v. The State of Andhra Pradesh

WP/6245/2020 · 2025-03-11

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010102482020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6245/2020 Between: Matta Venkateswara Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GANDHAM SR PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2 The Court made the following order: The petitioner claims that his grandfather Sri Matta Ganga Raju was in possession of the land to an extent of Ac.1.23 cents situated in Sy.No.31/5C of Parimpudi Village, Kiyyalagudem Mandal, West Godavari District. After the demise of his grandfather, the father of the petitioner came into possession of the subject lands, and he was in possession and enjoyment of the same as the absolute owner. On 02.09.2010, the father of the petitioner passed away, and thereby, the petitioner came into possession of the subject land. The petitioner further claims that his family has been in occupation of the subject land for last six decades and enjoying the same as the absolute owners. It is further case of the petitioner that the 3rd respondent issued notice dated 05.01.2020, asking the petitioner to show cause as to why the land shall not be resumed to the Government. The petitioner claims that they have approached the 3rd respondent with all documents including the revenue records showing his name and requested not to resume the subject land. As the respondents continued to interfered with the possession of the petitioner, he filed the present writ petition, 3 2. Per contra, the 3rd respondent filed counter affidavit stating that the grandfather of the petitioner, Sri Sri Matta Ganga Raju, violated the conditions of the patta and alienated the subject lands through unregistered sale deed in favour of one Sri Gudiwada Ramachandram. On coming to know about the same, the 3rd respondent issued notices in form-1 and 2 to the petitioner, who is the legal heir of the original assignee, and to the purchaser. It is further contended that, in pursuance of the said notice, the petitioner gave a statement before the 3rd respondent stating that he has no right over the subject land, as the same was sold away by his grandfather in favour of Sri Gudiwada Ramachandram. Having given statement dated 16.01.2020, before the 3rd respondent, the petitioner approached this Court by suppressing the real facts. Basing on the said statement dated 16.01.2020, the subject land were resumed in Roc.829 of 2020 (B), dated 24.01.2020, and directed the Madal Revenue Inspector, Koyyalagudem, to take over the subject lands, and thereafter, the lands were resumed. 3. On perusal of the pleadings in the writ petition, it is clear that the grandfather of the petitioner, Sri Matta Ganga Raju, sold away the land in dispute in favour of Gudiwada Ramachandram long ago and thereafter, the resumption order was passed on 24.01.2020, 4 after putting the petitioner on notice. Having given statement before the respondents that the petitioner has nothing to do with the subject land, it is clear that, the petitioner approached this Court by conceding the real facts. Apart from the same, resumption order was passed on 24.01.2020, and it attained finality. 4. In view of the same, there are no merits in the writ petition and the same is liable to be dismissed. Accordingly the Writ Petition is dismissed. However, the petitioner at liberty to take appropriate steps in the matter in accordance with law, if he is so advised. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _______________ T.C.D.SEKHAR,J Date: 11.03.2025 ANS 5 234 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6245/2020 Date: 11.03.2025 ANS