Andhra Pradesh High Court - Amravati
Gali Guna Sekhar Naidu, vs The State Of Andhra Pradesh on 5 February, 2021
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE FIFTH DAY OF FEBRUARY :
TWO THOUSAND AND TWENTY ONE
:PRESENT: .
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 2657 OF 2021
Between:
Gali Guna Sekhar Naidu, S/o.late Ramanadham Naidu. & ae
... Petitioner
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue,
Secretariat, Velagapudi, Guntur District.
The District Collector and District Magistrate, Chittoor District Chittoor.
The Revenue Divisional Officer, Tirupati, Chittoor District.
The Tahsildar, Yerpedu Mandal, Chittoor District.
Gali Sudharshan Naidu, S/o. late Ramanadham Naidu, aged 52 years,
Cultivation, R/o.D.No.28-2, Kobaku Village, Yerpedu Mandal, Chittoor District.
akwh
.... Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ, order or direction, especially one in the nature of Writ of Prohibition ~
declaring the act of 3rd respondent in adjudicating the appeal vide Roc No. H/2187 of
2016 filed by 5th respondent under Sec 5(5) of the Andhra Pradesh Rights in land and
Pattadar Pass Books Act, 1971 R/w. Rule 21 (1) of A.P. Record of Rights in land and
Pattadar Pass Books Act, 1989 in respect of Ac.0-17 cents in Sy.No.185/21 of Kobaka
Village, Yerpedu Mandal, Chittoor District is illegal, arbitrary, lack of jurisdiction and
contrary the ratio laid down in 2015 (6) ALD 609 and consequently desist the 3rd
respondent from adjudicating appeal vide Roc.No.2817 of 2016.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to stay all further
proceedings in appeal vide ROC No. H/2187 of 2016 on the file of 3rd respondent,
Pending disposal of WP 2657 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri S Subba Reddy Advocate
for the Petitioner, and of GP for Revenue for the Respondents 1 to 4 and the Court
made the following.
ORDER:
"Heard learned counsel for the petitioner and learned Assistant
Government Pleader, who seeks further time to secure instructions
in the matter.
The Writ Petition is filed aggrieved by the action of the 3°
respondent in numbering the appeal filed by 5'" respondent under
Section 5(5) of the Andhra Pradesh Rights in land and Pattadar Pass
Books Act, 1971 and proceeding to adjudicate the same.
Learned counsel for the petitioner interalia submits that the
appeal as filed before the 3™ respondent against the issuance of
Pattadar Pass Book and title deed is not maintainable and the 3rd
respondent lacks jurisdiction to entertain the appeal.
Learned counsel places reliance on the judgment of the
common High Court at Hyderabad reported in 2015 (6) ALD 609
(DB) and also the subsequent judgments reported in 2018 (1) ALD
290 and 2019 (6) ALD 134.
In view of the submissions and the judgments relied on by the
learned counsel for the petitioner there shall be an interim direction
as prayed for.
List this matter after three (3) weeks.
Learned counsel for the petitioner is permitted to take out
personal notice to respondent No.5 through R.P.A.D and file proof of
service in the Registry within a period of two (2) weeks." , 326g
Sd/-Ch.V.Subramanya Sarma
ASSISTANT REGISTRAR
TRUE COPY!/ SECTION OFFICER
To : A
1. The Principal Secretary, Revenue, Secretariat, Velagapudi, State of Andhra
Pradesh, Guntur District.
2. The District Collector and District Magistrate, Chittoor District Chittoor.
3. The Revenue Divisional Officer, Tirupati, Chittoor District.
4. The Tahsildar, Yerpedu Mandal, Chittoor District.
5. Gali Sudharshan Naidu, S/o. late Ramanadham Naidu, R/o.D.No.28-2, Kobaku
Village, Yerpedu Mandal, Chittoor District.(RR 1 to 5 by RPAD)
6. One CC to Sri. S$ Subba Reddy Advocate [OPUC]
7. Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT]
8. One spare copy
pr
HIGH COURT
NJSJ
DATED:05/02/2021
LIST THIS MATTER AFTER THREE (3) WEEKS.
ORDER
WP.No.2657 of 2021
INTERIM DIRECTION
