IN THE SUPREME COURT OF INDIA
(ORIGINAL JURISDICTION)
W.P.No. OF 2019
Venkatesh … Petitioner
-Vs-
The District Collector and 3 others …Respondents
SYNOPSIS
1. The petitioner had purchased the property at S.No. 1164 and Patta
No. 1055, an extent of 0.24 cents situated at
2. From the date of the purchase the petitioner is in peaceful
possession and enjoyment of the same. The petitioner is doing
agriculture on the lands and paying the taxes and kists to the
Government promptly.
3. The sitta for the said property stands in the name of another.
Hence the petitioner had sent a representation along with the
relevant documents to the 4threspondent on 16.06.2017 requesting
him to issue sitta in the petitioner favour. Even then they are
reluctant to consider the same. Hence the present writ petition.
Dated at DELHI on this the26thday of August 2019.
Counsel for the Petitioner
IN THE SUPREME COURT OF INDIA
(ORIGINAL JURISDICTION)
W.P.No. OF 2019
Venkatesh … Petitioner
-Vs-
The District Collector and 3 others …Respondents
DATES AND EVENTS
DATES EVENTS
---- From the date of the purchase the petitioner is in
peaceful possession and enjoyment of the same.
---- The Sitta for the said property stands in the name of
Potha Ramayya W/o. Muniyamma.
11.06.2019 The petitioner had sent a representation to the
4threspondent requesting him to issue Sitta in the
petitioner favour.
---- Even then they are reluctant to consider the same.
Hence the present writ petition has been filed.
Dated at DELHI on this the 26thday of August 2019.
Counsel for the Petitioner
IN THE SUPREME COURT OF INDIA
(ORIGINAL JURISDICTION)
W.P.No. OF 2019
Venkatesh M/,
Son of Krishna Prasad,
31/1,Kothapet, Tenali town,
Tenali mandal,
Guntur District, 522201 … Petitioner
-Vs-
1. The District Collector,
Guntur District,
Guntur.
2. The District Revenue Officer,
Guntur District,
Guntur.
3. The Revenue divisional officer,
Tenali Taluk,
Guntur district.
4. The Tahsildar,
Tenali Taluk,
Guntur District. …Respondents
AFFIDAVIT FILED WITH WRIT PETITION UNDER ARTICLE 32 OF
CONSTITUTION OF INDIA FOR ISSUANCE OF PREROGATIVE WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT
I, Venkatesh , Son of Krishna Prasad, Hindu, Male, aged about 48
years, residing at No. 31/1 Kothapet, Tenali, Guntur District, do hereby
solemnly affirm and sincerely state as follows:-
-2-
1. I state that I am the petitioner herein and as such I am conversant
with the facts and circumstances of the case. I am filing the present writ
petition seeking for a Writ of mandamus or any other writ or order or
direction to call for the records pertaining to the proceedings of 2 nd
respondent in W.P. No.29423/2017 dated 26.07 .2019 and to quash the
same as illegal, incompetent and ultravires and consequently direct the
respondents to restore the pattas in Patta No.
2. I reverently state that I am the resident of the above mentioned
address.The property at S.No.32, an extent of 3 acres situated at
chinaravuru village, Tenali taluk, Guntur District, was from the original
possession of Venkataramanayya. Petitioner Krishna Prasad and
Respondent’s father srikrishnayya are the sons of Venkatramanayya. After
the demise of late Venkatramanayya property was jointly enjoyed by both
the brothers and they were paying kists to the Government regularly.
3. I also state that the patta for all the said properties stood in the name
of the family members and the legal heirs jointly. The property’s title deeds
of S.No. 32, an extent of 3 acres area originated from No.1850/1943 of
4.05.1943 for my father V.Krishna Prasad. Also according to Patta No.21 of
old ‘A’ registration the title deeds belonged to my father.
4. After the demise of the late V.Krishna Prasad S/O Venkatramanyya
and with the help of UDR fault survey V.Krishnayya alienated the patta of
the property without the consent of Krishna Prasad’s family and registered
patta in his name. Later he also sold it to property to Lingareddy,
L.Ravindrareddy and Guruvareddy as sale agreement No.498/2003 on
10.02.2003 and a partition deed (No. 3759/2000 on 30.10.2000) was
subsequently made. Currently L.Thimmareddy S/O of Lingareddy has
constructed a house and maintains a brick factory .
5. All these patta registrations are done only after the implementation of
UDR survey. It is clearly registered in the name of V.Krishna Prasad in the
old ‘A’ registration according to patta No.21. It is also clear in the agreement
No.1850/1943 that the land upto extent 3 acres belongs to V. Krishna
Prasad. I also have the document of deed. All the present documents with
Thimmareddy are after the implementation of the UDR survey
GROUNDS
i. That the order passed by the respondent is per se illegal,
incompetent and ultravires.
ii. That the respondent ought to have issued patta immediately in
my favour. Not doing so warrants interference of this Hon’ble
Court.
iii. That the inaction on the part of the respondent would
deliberately offend Article 14, 21 and 300 A of the Constitution
of India, 1950.
4. I state that this is the first writ petition filed before this Hon’ble Court
and no other case is pending before any other forum as to the same cause of
action.
It is therefore most humbly prayed that this Hon’ble Court may be
pleased to issue a writ in the nature of writ of mandamus or any other writ
or order or direction directing the 4threspondent to consider my
representation dated 11.06.2019 and may pass such other or further orders
as this Hon’ble Court deem fit and proper to the facts and circumstances of
the case and thereby render justice.
Solemnly affirmed at Delhi
On this the 26th day of August 2019 BEFORE ME
And the content of the affidavit is explained to
Him and after understanding the same
Signed his name in my presence.
Page No.3& Last, No of Corrns, ADVOCATE:
Delhi
MEMORANDUM OF WRIT PETITION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE SUPREME COURT OF INDIA
(ORIGINAL JURISDICTION)
W.P.No. OF 2019
Venkatesh M/,
Son of Krishna Prasad,
31/1,Kothapet, Tenali town,
Tenali mandal,
Guntur District, 522201 … Petitioner
-Vs-
1. The District Collector,
Guntur District,
Guntur.
2. The District Revenue Officer,
Guntur District,
Guntur.
3. The Revenue Divisional Officer,
Tenali Taluk,
Guntur District
4. The Tahsildar,
Tenali Taluk,
Guntur District. …Respondents
WRIT PETITION UNDER ARTICLE 32 OF CONSTITUTION OF INDIA
FOR ISSUANCE OF PREROGATIVE WRIT OF MANDAMUS
OR ANY OTHER APPROPRIATE WRIT
The petitioner above state as follows:-
The address for service of all notices and processes on the petitioner is
that of his Counsel Ms.Manaswi Sanaka, Advocate, having office at No.11,
Jai Singh Marg,Chanakya Puri, Delhi–110001.
-2-
The address for service of all notices and processes on the respondent
is as stated above.
For the reasons stated in the accompanying affidavit, it is therefore
most humbly prayed that this Hon’ble Court may be pleased to issue a writ
in the nature of writ of mandamus or any other writ or order or direction
directing the 4threspondent to consider the petitioner’s representation dated
11.06.2019 and may pass such other or further orders as this Hon’ble Court
deem fit and proper to the facts and circumstances of the case and thereby
render justice.
Dated at DELHI on this the 26thday of August 2019.
Counsel for the Petitioner
IN THE SUPREME COURT OF INDIA
(ORIGINAL JURISDICTION)
W.P.No. OF 2019
Venkatesh M/48, … Petitioner
-Vs-
The District Collector and 3 others …Respondents
INDEX TO THE TYPED SET OF PAPERS
S.No. Date Description of Documents Page No.
3. 21.08.2019 Encumbrance Certificate
4. 11.06.2019 Representation copy
It is certified that the abovementioned documents are true copies.
Dated at DELHI on this the 27th day of August 2019.
Counsel for the Petitioner
