Shaik Sarver Saheb, v. The Government Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD MONDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND THIRTEEN :PRESENT:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WP .NO:23669 of 2013 Between:

1 Shaik Sarver Saheb S/o. Late Abdul Rasheed. 2 Shaik Darbar Basha S/o. Late Abdul Rasheed. 3 Shaik Jaleel Saheb S/o. Late Abdul Rasheed. 4 Shaik Zaheer Basha S/o. Late Abdul Rasheed. 5 Shaik Rahamathulla Basha, S S/o. Late Abdul Rasheed. 6 Shaik Hasan Basha S/o. Late Ahammad Saheb. 7 Shaik Mahaboob Basha S/o. Late Ahammad Saheb. 8 Shaik Sameerunnisha W/o. Shaik Kalesha. 9 Shaik Meharunnisha S/o. Shaik Rafiq Saheb. 10 Shaik Khadeerunnisha S/o. Shaik Abdul Azeez. ..... Petitioners AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Hyderabad. 2 The District Collector, Kadapa, Y.S.R. District. 3 The Revenue Divisional Officer, Kadapa,Y.S.R. District. 4 The Tahsildar, Office of the Mandal Revenue Officer, T. Sundupalli Mandal, Y.S.R. District.

5 The Sub Registrar, Office of the Sub Registrar, T. Sundupalli Mandal, Y.S.R. District.

Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, direction or order, one in the nature of writ of mandamus declaring the action of the 3rd respondent in including the land admeasuring Ac. 4.51 cents in Survey No. 2099/1, Ac.0.55 cents in Survey No. 2103/2, Ac.1.31cents in Survey No. 2103/3 and Ac.0.27 cents in Survey No. 2104/1 of T.Sundupalli village & Mandal, Y.S.R District, in the prohibition list sent to the Respondent No.4 as illegal, arbitrary and violation of principles of natural justice, and consequently direct the Respondent No.5 to Receive, register and release the document as and when the petitioners present the document in respect of the land admeasuring 3049.28 Sq.yards in Survey No.

2099/1 and 1772.18 Sq.yards in Sy.No.2103/3, 2103/2, 2104/1 belonging to the petitioner No.1, land admeasuring 2393.05 Sq. Yards in Sy.No.2099/1 and 1680.53 Sq.yards in Sy.Nos. 2103/3, 2103/2, 2104/1 belonging to the petitioner No.2, land admeasuring 2259.39 Sq. Yards in Sy.No.2099/1 and 1708.3 Sq.yards in Sy.Nos. 2103/3, 2103/2, 2104/1 belonging to the petitioner No.3, land admeasuring 2283.27 Sq. Yards in Sy.No.2099/1 and 1895.3 Sq.yards in Sy.Nos. 2103/3, 2103/2, 2104/1 belonging to the petitioner No.4, land admeasuring 2384.45 Sq. Yards in Sy.No.2099/1 and 1856.07 Sq.yards in Sy.Nos. 2103/3, 2103/2, 2104/1 belonging to the petitioner No.5, land admeasuring 972.64 Sq. Yards in Sy.No.2099/1 and 1331.08 Sq.yards in Sy.Nos. 2103/3, 2103/2, 2104/1 belonging to the petitioner No.6, land admeasuring 1031.42 Sq. Yards in Sy.No.2099/1 and 435.

88 Sq.yards in Sy.Nos. 2103/3, 2103/2, 2104/1 belonging to the petitioner No.7, land admeasuring 333.32 Sq. Yards in Sy.No.2099/1 and 356.66 Sq.yards in Sy.Nos. 2103/3, 2103/2, 2104/1 belonging to the petitioner No.8, land admeasuring 1874.98 Sq. Yards in Sy.No.

petitioner No.9, land admeasuring 1499.98 Sq. Yards in Sy.No.2099/1 belonging to the petitioner No.10 of T.Sundupalli village & Mandal, Y.S.R District. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in Writ Petition and upon hearing the arguments of SRI D.SESHASAYANA REDDY Advocate for the Petitioners, and of G.P. for Revenue (Stamps and Registration) for Respondents, the Court made the following:

This matter has underwent several adjournments for instructions/filing of counter-affidavit. Though instructions were furnished, they do not deal with the contentions of the petitioners.

Learned Government Pleader seeks some more time to file counter-affidavit. Finally, two weeks time is granted to file counter-affidavit, failing which, the Tahsildar, T.Sundupalli Mandal, Y.S.R. District-4th respondent shall appear before this Court on 25.11.2013 and explain the reasons for not filing the counter-affidavit. Post on 25.11.2013.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secretariat Buildings, Secretariat, Hyderabad. 2 The District Collector, Kadapa, Y.S.R. District. 3 The Revenue Divisional Officer, Kadapa,Y.S.R. District. 4 The Tahsildar, Office of the Mandal Revenue Officer, T. Sundupalli Mandal, Y.S.R. District. (By RPAD/Speed Post) 5 The Sub Registrar, Office of the Sub Registrar, T. Sundupalli Mandal, Y.S.R. District. (Addressees 1 to 3 & 5 BY RPAD) 6 One CC to SRI D.SESHASAYANA REDDY, Advocate (OPUC) 7 Two CCs to the G.P. FOR REVENUE (STAMPS AND REGISTRATION), High Court of A.P., Hyd. (OUT) (By Special Messenger) 8 One spare copy.

SRL HIGH COURT

PNRJ DATED: 11.11.2013 NOTE: Post on 25-11-2013 W.P.NO. 23669 OF 2013 DIRECTION HIGH COURT Drafted by: SRL Date of Drafting : 13-11-2013

PNRJ DATED: 11.11.2013 NOTE: Post on 25-11-2013 W.P.NO. 23669 OF 2013 DIRECTION