Yella Sivaramaiah v. The State Of Andhra Pradesh

Date : 20.4.2018 Between:

Yella Sivaramaiah S/o Sambasiva Rao 49 years F/o Flat No. 303, Raj Mansion Apartments Yellareddyguda, Hyderabad Petitioner And The state of A P Rep by its Principal Secretary, Revenue (Assn.I) Department, Secretariat, Guntur district and others Respondents The Court made the following:

ORAL ORDER:

1.

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue (AP) for the respondents. 2.

In this Writ Petition, the petitioner challenge the proceedings of the State Level Grievance Redressal Committee (Committee), the fifth respondent, dated 01.12.2017 holding that as orders are still awaited from the Committee, at present, it has no authority to treat the assigned lands, which were assigned prior to the year 1954, as alienable lands. 3.

When the matter is taken up, learned counsel for the petitioner as well as the learned Assistant Government Pleader representing the respondents would submit that similar orders were passed earlier by the same Committee and they were challenged in WP.Nos.42035 and 42027 of 2017. Against the interlocutory order of the learned Single Judge, WA.Nos.119 and 149 of 2018 were filed. Vide common judgment dated 05.02.2018, the Division Bench disposed of the Writ Appeals as well as the Writ Petitions setting aside the orders impugned in the Writ Petitions and directing the Committee to consider the matter afresh and to pass reasoned orders on the contention of the petitioners therein that the assignments made prior to the year 1954 does not have non-alienation clause.

4.

The present Writ Petition also arises out of the same village which was considered in the above Writ Appeals. In view of the orders of the Division Bench in the above Writ Appeals, this Writ Petition is also disposed of setting aside the order impugned and the matter is remitted to the Committee i.e., the fifth respondent, to consider the issue afresh in accordance with the directions issued by the Division Bench in the above Writ Appeals and pass appropriate orders as warranted by law, after

affording due opportunity to the petitioner, at any rate within six (6) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

__________________ P NAVEEN RAO,J DATE:20-04-2018 TVK

Date : 20.4.2018