AP High Court Declines To Stay Land Tilling Act Citing Challenge To Constitutional Validity, Asks Parties To Approach Court If Implementation Attempted

The Andhra Pradesh High Court refused to stay the AP Land Titling Act, 2023 holding that an Act cannot be stayed when its constitutional validity is in question. However, it permitted the petitioners to approach the Court if steps are taken towards implementing the same.

The All-India Lawyers Union, who filed a batch of writs challenging the constitutional validity of the AP Land Titling Act, 2023 made a representation before the Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao.

They stated that clarification was required in the order passed earlier in the matter wherein the Advocate General for the State had given an undertaking that the State would not go ahead with the appointment of the titling officers without the permission of the Court, but the same had not been recorded in the order.r

The Titling Act deems to create a separate body to adjudicate all land-related disputes. On the previous occasion, the Bench, without staying the Act, had directed the Civil Courts to continue accepting new matters and hear pending land matters.

“I don't remember any such undertaking. If there was, we would have recorded it. Let us be fair to the AG also.” Said Chief Justice Dhiraj Singh Thakur “For a moment let's assume that the Act is implemented, it still won't affect you because the orders of the Court protect you. The district courts will continue to accept and hear your cases,” stated Justice R. Raghunandana Rao.

It was also contended that the Titling Officers were being appointed and the Government had also passed a GO implementing the Act. An interim suspension of the Act was prayed for.

“Let them (State) file a counter. How can we stay the Act when there is a presumption regarding its validity? When the Constitutionality of the Act comes up, when there is a presumption, we can't stay the Act,” said the Court.

The counsels pleaded before the Bench that all measures, including resurvey, settlement, and formation of Rules etc., were being taken by the Government to implement the Act and prayed that an undertaking may be given that the Act will not be implemented without permission.

However, while refusing to stay the act, the Bench granted liberty to the petitioners to approach the Court in case any steps were taken for implementation of the Act.

The matter has been posted after 4 weeks.

WP(PIL) 216 OF 2023 & batch

Counsel for petitioner: Madhav Rao Nalluri

Counsel for respondents: The Advocate General.