Kosanam Malla Reddy v. The Government Of Andhra Pradesh
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.33252 of 2011 ORDER::
This writ petition was admitted on 30-12-2011 and WPMP was directed to be listed after four weeks. When the matter came up after four weeks, it was reported that the counsel for the petitioners Sri G. Dharma Rao, expired. Therefore, notices were directed to be issued to the petitioners to make alternative arrangements.
2. Thereafter the matter underwent several adjournments and finally on 28-03-2016 when the matter came up for hearing, Office put up a note stating that notices sent returned served on the petitioners, but no counsel has filed vakalat on behalf of the petitioners. There is no representation either nor the petitioners are present in-person.
3. Heard learned Government Pleader for Revenue (Assignment) for respondents 1 to 3 and 6, Smt. K. Manideepika, learned Standing Counsel for R-4, Sri P. Raja Sripathi Rao for respondent no.7, Sri Challa Srinivasa Reddy for respondents 8 and 9. Perused the writ affidavit filed in support of the writ petition and also the impugned orders assailed in this writ petition.
4. Petitioners claim to have purchased an extent of Ac.6-50 cents under agreement of sale dated 1-12-1981, situated in D.No.162/A at Anki Reddypalem, Guntur District, from 1. Jagu Ramadas, 2. Jagu Koteswara Rao & 3. Jagu
Anjaneyulu, who are brothers, for a sum of Rs.1,25,000/- per acre and paid certain advance to the vendors. That as the vendors of the said land did not co-operate for registration of the sale deed by receiving the balance sale consideration, the petitioners filed suit OS No.4 of 1985 on the file of Addl. Sub-Court, Guntur, for specific performance of agreement of sale dated 1-12-1981, which is stated to be decreed only for Ac.1-40 cents as per the compromise entered into between the petitioners and their vendors.
5. The grievance of the petitioners is that 9th respondent has been proclaiming that he has obtained GPA from respondent no.8, Jagu Tulisamma, who is wife of late Jagu Anjaneyulu, in respect of the land to an extent of Ac.240 cents of Jagu Anjaneyulu, who was the declarant in ULC No.398/79-B being surplus holder of land, on the ground that 9th respondent has obtained orders in ULC appeal No.AUC/2/Gnt/8/2006, dated 27-06-2008 and further he had also obtained "no objection certificate" from the Special Officer and competent authority ULC, Guntur, vide proceedings dated 10-7-2008 for Ac.2-40 cents in D.No.162/A3.
6. It is to be seen that the impugned order was passed on 27-06-2008 b y the 2nd respondent-Director, Appeals, Office of Chief Commissioner of Land Administration, Hyderabad. Appeal before the 2nd respondent, which was dismissed as aborted, was filed by Jagu Tullisamma, wife of Jagu Anjaneyulu, against the orders in directing her to
surrender the land who has been granted "no objection certificate" by the Special Officer and Competent authority ULC, Guntur, vide proceedings dated 10-7-2008 for Ac.2-40 cents in D.No.162/A3. The petitioners did not move in the matter for a period of three years and the writ petition could be filed after a period of three years from the date of passing the impugned order. De-hors that, a reading of the contents of the impugned order it is clear that the proceedings before the 2nd respondent itself were disposed of as aborted for the reason that the Government has repealed the Urban Land (Ceiling and Regulation) Act, 1976, vide GO Ms.No.603, dated 22-04-2008. When the impugned order itself was disposed of as aborted in light of GO Ms.No.603, dated 22-04-2008, which came into effect pending the proceedings before the authority, it is not discernible as to what is assailed in this writ petition.
7. In the result, the writ petition is meritless and it is accordingly dismissed. Miscellaneous petitions, if any pending in this case are also dismissed. There shall be no order as to costs.
_______________________ A.RAJASHEKER REDDY, J Dated:11-04-2016 Nrg
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.33252 of 2011 WEB Dated:11-04-2016 Nrg