Andhra Pradesh High Court - Amravati
Sagi Vs Seetha Rama Raju, vs The State Of Andhrd Pradesh on 7 February, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No. 2812 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent and staff in taking steps to dispossess the petitioner from an extent of Ac.1.70 and Ac.0.99 cents in Sy.No.221/5B of Gundupala Village of Golugonda Mandal of Visakhapatnam District pursuant to the order dated 04.01.2020 in Ref.Rc.No.780/2019/SA passed by the 4th respondent as illegal, arbitrary and violative of principles of natural justice consequently directing the respondents not to dispossess/meddle with the property of the petitioner in an extent of Ac.1.70 and Ac.0.99 cents in Sy.No.221/5B of Gundupala Village of Golugonda Mandal of Visakhapatnam District."
The fourth respondent/Tahsildar passed the resumption order under Section 4 of the A.P. Assigned Lands (POT) Act, 1977 (for short 'Act'). Statutory appeal is available under Section 4-A of the Act. But, without filing a statutory appeal permissible under the Act, the petitioner approached this Court, which is impermissible, in view of the law declared by the Supreme Court in "Genpact India Private Limited v. Deputy Commissioner of Income Tax and another1". On this ground alone, writ petition cannot be maintained. However, the petitioner is permitted to prefer an appeal under Section 4-A of the Act. In view of the law declared by this Court in "Rahmatullah Khan and Ors. vs. Government of A.P. and Ors2", the respondents are directed not to dispossess the petitioner in pursuance of the resumption order, till expiry of the appeal time.
With the above direction, writ petition is disposed of. No costs. 1 (2019) 108 Taxman 340 (Delhi) 2 2014 (2) ALD 272 MSM,J Wp_2812_2020 2 Consequently, miscellaneous applications pending if any, shall stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY 07.02.2020 Ksp