High Court for State of TelanganaWP/14221/2015disposed of no costs

Coromandal Estates And Properties Private Limited v. The State Of Andhra Pradesh, Stamps And Registration

2016-01-29Dilip B. Bhosale,S.V.Bhatt4 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SEVENTH DAY OF MAY, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO:14221 of 2015 Between:

Coromandal Estates and Properties Private Limited a private limited company incorporated under the provisions of the Companies Act,1956, having its registered office at 49-31-2, Madhuranagar, Visakhapatnam-16, A.P. represented by its Director, Ms. G. Prasanna, D/o. Sri Gopala Krishna. ..... Petitioner AND 1 The State of Andhra Pradesh, Stamps and Registration Department, represented by its Secretary, Secretariat, Hyderabad.

2 The District Collector, Visakhapatnam District, Visakhapatnam, A.P. 3 The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam District, A.P. 4 The Tahsildar, Parawada Mandal, Visakhapatnam District, A.P. 5 The Sub Registrar, Lankelapalem, Visakhapatnam District, A.P .....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, order or direction, more particularly one in the nature of a Writ of Mandamus declaring i) the Endorsement dated 11.12.2014 issued by the second respondent - District Collector rejecting the representation of the petitioner to de-notify the land admeasuring Ac.13.25 cents covered in Sy. Nos.

360/1, 360/2, 360/3 and 361/2 of Desapatrunipalem Village, Parawada Mandal from the Government Land Register maintained under Registration Act, 1908 as illegal, arbitrary, against principles of natural justice and contrary to orders passed earlier and consequently set aside the same; ii) consequently direct the second respondent - District Collector to pass appropriate orders de-notifying the petitioner's land admeasuring Ac.13.25 cents covered in Sy. Nos.

360/1, 360/2, 360/3 and 361/2 of Desapatrunipalem Village, Parawada Mandal from the Government Land Register maintained under Section 22-A of Registration Act, 1908; and iii) declare the oral orders passed by the District Collector in the last week of April, 2015 to the subordinate revenue authorities, more particularly the third and the fourth respondents to resume the land of the petitioner company admeasuring Ac.13.25 cents covered in Sy. Nos.360/1, 360/2, 360/3 and 361/2 of Desapatrunipalem Village, Parawada Mandal as illegal, arbitrary, unconstitutional and beyond the powers vested in the District Collector and consequently set aside the same.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri D. Prakash Reddy, learned senior counsel appeared on behalf of Sri L.Venkateshwar Rao Advocate for the Petitioners, Assistant Government Pleader for Revenue (AP) for the respondents, and the Court made the following. Heard Sri D. Prakash Reddy, learned Senior Counsel appearing for the petitioner. Learned Assistant Government Pleader for Revenue (A.P) takes notice for the respondents and seeks time to get instructions. Post after six weeks in the Motion List.

Till then, respondents 2 to 4 shall not interfere with the petitioner's possession of lands admeasuring Ac.13.25 cents in Sy.Nos.360/1, 360/2, 360/3 and 361/2 of Desapatrunipalem Village, Parawada Mandal, Visakhapatnam District. ASSISTANT REGISTRAR //TRUE COPY//

For ASSISTANT REGISTRAR To 1 The Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat, Hyderabad.

HIGH COURT ARR,J Dated: 07.05.2015 POST AFTER SIX WEEKS IN THE MOTION LIST WP.NO:14221 of 2015 DIRECTION HIGH COURT GK DATED: 08.05.2015 ARR,J

Dated: 07.05.2015 POST AFTER SIX WEEKS IN THE MOTION LIST WP.NO:14221 of 2015 DIRECTION