LALITESH KUMAR KATRAGADDA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking to a direction calling for the records relating to the order of the 1st respondent passed in G.O.Ms.No.115 Revenue (Land-IV) Department dtd. 23/4/2020 and quash the same and consequently direct the respondents to pay the damages.

(2.) It is submitted that property admeasuring an extent of Ac.0.82cents and an extent of Ac.6.00acres of land in Sy.No.81/1 and 83/3 corresponding to Sy.No.81/3P and governed by Patta No. 165, Marripalem, Visakhapatnam originally belonged to one J.Bhuvaneshwar Das. The State Government u/Sec. 3(a) of the Urban Land (ceiling and Regulation) Repealed Act, 1999 issued G.O.Ms. No.747 dtd. 18/6/2008 for allotment of excess land which was taken by the Government under the Principal Act, 1976 to the land owners/declarants/third parties subject to the conditions mentioned in the G.O. The legal heirs of the original owner made applications to the Government for allotment of land. The Special Officer, Urban Land Ceiling, Visakhapatnam had sent individual reports on each of the legal heir's application and the same were considered by the Government and issued G.O.Ms.No.926 dtd. 31/8/2009 for an extent of 20,465.10 sq. yds and G.O.Ms.No.123 dtd. 1/8/2009 for an extent of 2686.1 sq. yds. After issuance of G.O. in favour of the allottees, all the allottees have executed a registered agreement of sale cum General Power of Attorney with possession and petitioner was put in possession. A compound of fencing wall is constructed around the entire allotted area and there are various fruit bearing trees and the petitioner has also constructed two temporary structures. Considering the possession of the petitioner, GVMC also imposed Vacant Land Tax. Petitioner also made an application to GVMC seeking permission for construction of a function hall and the same was granted vide B.A.No.13849/2015/ACPIV/G2 dtd. 20/4/2016 with certain conditions.

(3.) It is further stated that one Yellapu Nageswara Rao, S/o. Late Appa Rao, claiming to be in possession is also claiming title to the property on the basis of an unregistered sale deed and has filed WP.No.5419/2011 in this Hon'ble High Court questioning the order issued by the government in GOMs.No.926 dtd. 31/8/2009 wherein they sought for a declaration that the issuance of GOMS.No.926 dtd. 31/8/2009 is without jurisdiction and contrary to GOMS.No.747 dt: 18/6/2008 and also sought for a consequential direction to regularize the land in favour of the writ petitioners therein. The petitioners therein have raised certain objection with regard to the suppression of facts. However, the Hon'ble Court without going into the merits of the contention raised, the Hon'ble Court observed that-