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