KANDERI SATYANARAYANA Vs. NULU SUBRAHMANESWARA RAO

JUDGEMENT

(1.) The present writ appeal under clause 15 of the Letters Patent has been preferred against the judgment and order dtd. 24/3/2023 passed in W.P.No.25831 of 2010. By virtue of judgment and order impugned, the writ petition filed by the respondent No.1 herein was allowed and the order passed by the tahsildar dtd. 29/6/2010 under the provisions of the Andhra Pradesh Occupants of Homesteads (Conferment Of Ownership) Act, 1976 (hereinafter referred to as "the Act") passed in favour of the appellant herein was set aside.

(2.) Mr. Nulu Subrahmaneswara Rao/Respondent No.1 herein, is the owner of land measuring Five Acres and Thirty Three Cents falling in Survey No.625/1 and Thirteen Cents falling in Survey No.625/2 situate in Bheemanapalli Village of East Godavari District. These parcels of land were given on oral lease in the year 1998, to the father of the appellant and after whose death the appellant herein stepped into his shoes. It appears that on account of certain alleged defaults in the rentals for the years 2002-2003, 2003-2004, 2004-2005, the writ petitioner, Mr. N. Subramanyeswara Rao/respondent No.1 herein, filed an application bearing Andhra Tenancy Case No.06 of 2006 which was allowed by the Special Officer-cum-Principal Junior Civil Judge, Amalapuram with a direction to the appellant herein to vacate the schedule property with a further direction regarding delivery of possession of the same within three months from the date of the said order.

(3.) An appeal preferred by the appellant herein against the said judgment and decree also came to be dismissed vide judgment and order dtd. 24/9/2008. In the interregnum, the appellant herein approached the Tahsildar, Uppalaguptam under the provisions of the Act.