The High Court · 2024

Srikakulam Dt.

3. Sadhu Ramakrishna, S/o (late) Kasi Babu aged 60 years, Ponduru - 532168, Srikakulam Dt.

4. Guntuku Malleswara Rao, S/o (late) Satyanarayana aged 58 years. Ponduru -532168, Srikakulam Dt.

5. Pammina Shakuntala, W/o (late) Venkata Rao aged 56 years, Ponduru -532168, Srikakulam Dt.

6. Guntuku Suresh, S/o (late) Mohana Rao aged 55 years, Ponduru - 532168, Srikakulam Dt. AND ...PETITIONER(St

1. The State Of Andhra Pradesh, through its PrI., Secretary, Revenue Department, Secretariat,Velagapudi, Amaravati.

2. The District Collector, Srikakulam-532001. 3. The District Registrar, Stamps and Registration Dept., Srikakulam- 532001, Srikakulam Dt.

4. The Sub- Registrar, Stamps and Registration Dept., Ponduru-532168 Srikakulam Dt. i % I ^

5. Ponduru Gram Panchayat, through its Village Secretary, Ponduru - 532168, Srikakulam Dt. • Petition ...RESPONDENTS under Article 226 of the Constitution of India praying that in 4"^h6%rcumstances stated in the affidavit filed therewith, the High Court may to issue a writ, order or direction particularly one in the nature of Mandamus 1. directing the respondent No.5 to take action on the application Dt. 04-07-2023 filed for mutating the names of the petitioners in respect of the property admeasuring Ac 0.19.250 cents with constructions in S.No. 187 of Ponduru (V) of Srikakulam Dt., 2. directing the. Respondent Nos., 3 and 4 to entertain the sale deed submitted by the petitioners in respect of the property admeasuring Ac 0.19.250 cents with constructions in S.No. 187 of Ponduru (V) of Srikakulam Dt., declaring their action as violative of Article 14 and 300-A of theConstitution of India besides being i violation of Registration Act and A.P. Panchayat Raj Act and Rules. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos., 3 and 4 to entertain the sale deed submitted by the petitioners in respect of the property admeasuring Ac 0.19.250 cents with constructions in S.No. 187 of Ponduru (V) of Srikakulam Dt., pending W.P. lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 to take action on the application Dt. 04-07-2023 submitted for mutating the name of the petitioners in respect of the property admeasuring Ac 0.19.250 cents with constructions in S.No. 187 of Ponduru (V) of Srikakulam Dt., pending W.P. Counsel for the Petitioner :SRI. VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent No’s. 1 to 4: GP FOR REGISTRATION AND STAMPS Counsel for the Respondent No.5: SRI Y KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYATS The Court made the following ORDER: J APHC010402892023 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233] (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 20715/2023 Between: Vadaga Ram Mohan Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):

1.VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent{S): I.Yarraguntla.Koteswara Rao, Standing Counsel ForZilla Praja Parishads, Mandal Praja Parishads and Gram Panchayats

2.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following Order: Heard Sri V.S.R.Anjaneyulu, learned Senior Counsel representing the learned counsel for the petitioners, the learned Assistant Government Pleader and the learned Standing Counsel for the respondents.

2. This writ petition is filed with the following prayer: 1) to direct the respondent No.5 to take action on the application dt.04.07.2023 filed for mutating the names of the admeasuring petitioners Ac.0.19.250 cents with construction in S.No.187 of Ponduru (V) of Srikakulam District. property respect 2 2) to direct the respondent Nos,3 and 4 to entertain the sale deed submitted by the petitioners in respect of the property admeasuring S.No.187 of Ponduru (V) ofSrikakulam District. constructions Ac.0.19.250

3. The learned Senior Counsel for petitioners submits that petitioners purchased the subject property under a document No.724/1943 and sold the major portion of the land covered under the said document and the left over land in an extent of Ac.0.19.250 cents for which the assessment is sought to be made.

4. On the other hand, the learned Standing Counsel relying upon the counter of the 5^^ respondent submits that the subject land claimed by the petitioners is belonging to the Grampanchayat and it was earlier used as Official Club and earlier it was fixed at Rs.26.92 Paisa towards House tax and again the revision was conducted by the Grampanchayat between 02.08.1996 to 10.11.1996. The Grampanchayat also submitted a letter to the Tahasildar with regard to the Sy.No.187 of Guntur. Then the Tahasildar gave reply dated

06.03.2024 stating that no record is available with regard to the Sy.No.187 of Guntur. Therefore, the Tahasildar enclosed the adangal which depicts that the land in Sy.No.187 is in the name of Satyanarayana groundnut and oil mill. After inspecting the said place, it was found that there is a building belonging to the Ponduru Official Club and to that effect there is a board. Therefore, the house tax assessment is not made in the name of the petitioners and the said fact was also informed to him. The 5''' respondent at para No.8 & 9 of the counter affidavit detailed as under: It “8. is submitted that according to Field Measurement Record (FMB) of Cheepurupalli Taluk dated 09/09/1966 the said site in field No.1 by the petitioners belonging to the grampanchayat. Therefore Executive Officer, Ponduru belonging to Mr, Deputy Surveyor, and Special Officer, F.C.O. Srikakulam has been confirmed and registered. This Gram Panchayat meeting was held on Monday 1-05- 1967 at 9 a.m. at Ponduru Gram Panchayat under the Chairmanship of Mr. Palishetti Suryam Sarpanch. Since 4 3 Official Ponduru Secretary Club, application to build an official club in the own space, in which they are seeking the opinion of this Panchayat regarding the construction of the building. The application to be read and recorded by Official Club Secretary in which Annually Rs.12/- fixing the rent at twelve rupees, and resolving to let it for one year. This Gram Panchayat as a part of house tax revision on 16/08/1971 in the name of the official club in No.2 for access to the available records Rs.26-92 paise. The house tax has been assessed as Again in the revision register (in the available Income Tax Revision Register) conducted by this Gram Panchayat between 20-08-1996 to 10-11-1996. regard Tahsildar enclosed the Sy.No.187 of

9. However the gram panchayat submitted letter to the Guntur. Tahasildar with Subsequently Tahsildar No.Rc.No.73/2024 dated 06.3.2024 stating that no record available with regard to the Sy.No.187 of Ponduru Village. adangal which Therefore the in the name of depicts that the land in sy.No.187 is Satyanarayana groundnut and oil mill. After inspecting the said place, there is a building belonging to the board of Ponduru Social Club, so when the petitioners asked to pay the house tax, we verbally informed the above information io the petitioners, therefore the house tax was not paid in the name of the petitioners. However the gram panchayat will cooperate to the Revenue department, if the proper records which proper title of the petitioners furnished to the gram panchayat since there is no information available at the panchayat office. As per the old resolution available at the office transpires that the land belongs to the gram panchayat. Due to the ambiguity with regard to the title of the petitioner, the gram panchayat unable to access the tax. However, the gram panchayat obey to the direction of the Hon’ble court in any manner whatsoever.” ; In reply, the learned Senior Counsel submits that the petitioners are 5. having possession certificate issued by the V.R.O., Ponduru dated 11.04.2023 and he also submitted adangal and the electricity bill dated 23.01.2007. In spite of the same, the petitioners’ application dated 04.07.2023 was not considered by the respondents.

6. In view of the above said facts and circumstances consideration of the rival submissions made, the petitioners are permitted to submit a fresh representation to the respondent Nos.2 to 5 enclosing all the necessary documents in support of their claim with respect to the relief sought in this writ petition within a period of four (4) weeks from the date of receipt of this Order. On receipt of the same, the respondent Nos.2 to 5 shall consider and dispose of the representation of the petitioners strictly in accordance with law, after affording an opportunity of hearing to all the parties concerned including the petitioners, as expeditiously as possible, but not later than three (3) months. It is made clear that the genuinity and entitlement of the claim of the petitioners should be checked thoroughly at all stages while considering the above said representation of the petitioners.

7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed To, //TRUE COPY// SDI- SHAIK MOHD. RAFI assistan|registrar SEC^ioKi OFFICER 1- The PrI., Secretary, Revenue “ Secretariat,Velagapudi, Amaravati. Department, State Of Andhra Pradesh,

2. The District Collector, Srikakulam-532001. 3. The District Registrar, Stamps 532001, Srikakulam Dt. 4. The Sub- Registrar, Stamps

5. The Srikakulam Dt. Village 532168,Srikakulam Dt. Secretary,Ponduru and Registration Dept., Srikakulam- and Registration Dept., Ponduru-532168, Gram Panchayat, Ponduru * T? $

6. One CC to [OPUC] SRI. VAJJHALA SATYANARAYANA PRASAD, Advocate

7. One CC to SRI Y KOTESWARA RAO, PANCHAYATS, Advocate [OPUC] 8. Two CCs to GP FOR REGISTRATION Andhra Pradesh. [OUT]

9. Two CD Copies PRK SC FOR ZPP, MPP & GRAM AND STAMPS, High Court Of HIGH COURT V DATED:23/10/2024 V *1 % .♦ y' fV. i sir. f %■ •' % ORDER WP.No.20715 of 2023 ^ ano»^ X 16 NOV 20211 to. ^ Curreni Section £espATC>5? DISPOSING OF THE WP, WITHOUT COSTS