In a significant legal battle concerning a land dispute in Ganaparavaram Village, the Supreme Court of India has ordered a remand for a fresh decision by the High Court. The case involves the validity of sale deeds under the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959. Stay informed as the High Court re-evaluates the case with new evidence and legal considerations. Follow for more details on this crucial legal development.
Facts
- This appeal is against the final judgment of the High Court of Andhra Pradesh.
- The High Court dismissed the writ appeal filed by the appellants.
- The dispute is related to 60 acres of land in Ganaparavaram village.
Also Read: Supreme Court Judgement: High Court’s Order Upheld in Case of [Respondent] v. [Petitioner]
Analysis
- The dispute involves the legality and validity of sale deeds under the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959.
- Multiple authorities and courts found the sale deeds executed in contravention of Section 3 (1) of the Regulation to be null and void.
- Appellants challenged this decision, leading to the current appeal.
- The Supreme Court, after hearing both parties, decided to allow the appeal and remand the case to the High Court for a fresh decision.
- Key reasons for remand include the High Court not considering the definition of ‘Transfer’ in the Regulation and overlooking crucial documents submitted by the appellants.
- The appellants claim to have purchased the land through registered sale deeds, disputed by the State’s Special Deputy Collector.
- The case is set to be re-examined by the High Court in light of the Regulation and additional evidence provided by the appellants.
- Remand to High Court for deciding the appellants’ writ petition afresh on merits in accordance with the law on all issues
- No express opinion on merits given, only the decision to remand the case
- Issues mentioned in the case to be considered afresh by the High Court
Also Read: Landmark Judgment: Declaration of Coparcenary Property and Invalid Sale Deeds
Decision
- Appeal allowed granting subsequent allottees of the land in question to become parties in the writ petition.
- I.A. No.2/2008 allowed for impleadment of subsequent allottees.
- Impugned order set aside.
- High Court instructed to decide the writ petition on merits according to the law, disregarding observations made by the Court.
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Case Title: BIKKINA RAMA RAO Vs. THE SPECIAL DEPUTY TAHSILDAR (TRIBAL WELFARE) KOTA RAMACHANDRAPURAM
Case Number: C.A. No.-004658-004658 / 2008
