Citation : 2021 Latest Caselaw 480 AP
Judgement Date : 1 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO IA No. 1 OF 2021 IN WP NO: 1813 OF 2021 Between: Karri Tataji, S/o.Karri Rajababu. Chukka Lovaraju, S/o.Chukka Ramu Naidu. Meesala Lakshmaiah, S/o.Meesala Haranath. Malleti Papa Rao, S/o.late Molleti China Achari. China Appalanaidu, S/o.China Raminaidu. Meesala Harinath, S/o.late Meesala Lakshmyya. Allam Bharathi, W/o.Allam Venkata Satyanarayana. NOaRWN> .. Petitioners AND 4. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Dept., A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Visakhapatnam District, Visakhapatnam. 3. The Revenue Divisional Officer, Narasipatnam, Visakhapatnam Dist. 4. The Tahsildar, Narasipatnam Village and Mandal, Visakhapatnam Dist. ...Respondents Counsel for the Petitioners : SRI TD PANI KUMAR Counsel for the Respondents :GP FOR REVENUE Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no-2 to consider representations/Applications of the petitioners dated 09-05- 2018 and 31-10-2020 pending disposal of WP No.1813 of 2021, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER
"Learned Counsel for Petitioners state that they are the owners of the land
to an extent of Ac. 1.06 cents situated in Sy.No.390/2A of Chuttipalli Village, Narsipatnam Mandal, Visakhapatnam District. However, the 4 respondent initiated the proceedings under provisions of A.P. Assign Lands (POT) Act and ordered for resumption of the land. The petitioners have preferred Appeal and the same is allowed by setting aside the order of the 4" Respondent. Later, based on a letter by 4" respondent Tahsildar, their land is included in the prohibited property list maintained under Section 22-A of the Registration Act, 1908, which is illegal, arbitrary and contrary to the provisions of the Registration Act, 1908 and Rules made thereunder and orders issued by the Government and the Judgments of this Court.
Learned Counsel for Petitioners would further contend that the petitioners land is a private patta land, but not the Government land. Therefore the
respondent authorities have nothing to do with the land.
Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel and perused the record, this court prima facie satisfied that the petitioners have shown sufficient cause for grant of interim order.
Accordingly, there shall be an interim order as prayed for.".--
Sd/-M.RameshBabu
} ASSIST, NT REGISTRAR JITRUE COPY!/ "
To SECTI OFFICER
4. The Principal Secretary, Revenue Dept., State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi.
The District Collector, Visakhapatnam District, Visakhapatnam.
The Revenue Divisional Officer, Narasipatnam, Visakhapatnam District. The Tahsildar, Narasipatnam Village and Mandal, Visakhapatnam District. (1 to 4 by RPAD.)
One CC to Sri. T D Pani Kumar, Advocate [OPUC] ~
Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT~
. One spare copy.
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DATED:01/02/2021
ORDER
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WP.No.1813 of 2021
INTERIM DIRECTION
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