Andhra Pradesh High Court - Amravati
P.Nirmala vs The State Of Andhra Pradesh on 9 February, 2021
Bench: Ninala Jayasurya
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
, (SPECIAL ORIGINAL JURISDICTION)
TUESDAY, THE NINTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 3043 OF 2021
Between: =
P Nirmala, W/o P.Damodara Reddy, aged about 50 years, R/o D.N.7-62, Vasavi Nagar,
Tirupathi, Chittoor District.
...Petitioner
AND --
4. The State of Andhra Pradesh, rep-by its Pri. Secretary, Revenue Department,
Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
The Revenue Divisional! Officer, Tirupathi, Chittoor District.
The Tahsildar, Tirupathi Rural Mandal, Tirupathi, Chittoor District. :
C.Rajasekar Reddy, S/o Late Venkata Muni Reddy, R/o Flat No.401, P dot G
Apartment, R.C.Road, Tirupathi, Chittoor District.
PON
...Respondents
-WHEREAS the Petitioner above named through her Advocate Sri P.GANGA
RAMI REDDY presented this 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 of certiorari or any other appropriate Writ or direction
calling for the records relating to the order passed by the 2™ jn Proceedings
R Dis.H/2377/2015 dated 2-12-2020 and set aside the same as illegal, arbitrary and
without any authority.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri P.Ganga Rami Reddy, Advocate for the
Petitioner and GP for Revenue for the Respondent Nos. 1 to 3 and Sri G.Ramesh Babu,
Advocat (Caveator) for the 4" Respondente, directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted.
You viz:
1. The Principal Secretary, Revenue Department, Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.
2. The Revenue Divisional Officer, Tirupathi, Chittoor District.
3. The Tahsildar, Tirupathi Rural Mandal, Tirupathi, Chittoor District.
4. C.Rajasekar Reddy, S/o Late Venkata Muni Reddy, R/o Flat No.401, P dot G
Apartment, R.C.Road, Tirupathi, Chittoor District. .
are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted. .
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 suspend the
order of the 2"4 respondent passed in Proceedings R.Dis.H/2377/2015 dated 2-12-2020,
pending disposal of WP No. 3043 of 2021, on the file of the High Court.
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4
4
The Court made the following:
ORDER:
"Heard the learned counsel for the petitioner and the learned Assistant
Government Pleader for Revenue appearing for the respondents, who seeks time
to secure instructions in the matter.
Learned counsel for the petitioner inter alia contends that against the order
in refusing to issue Pattadar pass books and title deeds, though no appeal is
provided to the 2™ respondent under Section 5 (5) of Andhra Pradesh (Rights in
Land) and Pattadar Pass Books Act 1971, the appeal was entertained and the
impugned order is passed.
Learned counsel for the petitioner, in support of his contentions, places
reliance on the judgment of this Court reported in 2018 (5) ALT 148 and another
judgment of a Division Bench of this Court reported in 2015 (3) LS 1.
In view of the submissions and the decisions relied on by the learned
counsel for the petitioner, there shall be interim suspension of the order dated
02.12.2020 passed by the 2"! respondent, for a period of eight (08) weeks.
Notice before admission.
Learned counsel for the petitioner is permitted to take out personal notice
to R.4 through Regd. Post with acknowledgment due and file proof of service in
the Registry within a period of three weeks.
List after four (04) weeks."
SD/- CH.Subrahmanya Sarma.
ASSISTANT REGISTRAR
ITTRUE COPY//
For ASSISTANT REGISTRAR _
To,
1. The Principal Secretary, Revenue Department, Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.
The Revenue Divisional Officer, Tirupathi, Chittoor District.
The Tahsildar, Tirupathi Rural Mandal, Tirupathi, Chittoor District.
C.Rajasekar Reddy, S/o Late Venkata Muni Reddy, R/o Flat No.401, P dot G
Apartment, R.C.Road, Tirupathi, Chittoor District. (Addresses 1 to 4 by RPAD-
along with a copy of petition and affidavit)
One CC to Sri. P.Ganga Rami Reddy, Advocate [OPUC]
Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
One spare copy
kwon
NOON
MM
HIGH COURT
DATED:09/02/2021
NOTE: LIST AFTER FOUR (04) WEEKS
NOTICE BEFORE ADMISSION
WP.No.3043 of 2021
INTERIM DIRECTION
