Citation : 2021 Latest Caselaw 443 AP
Judgement Date : 29 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA ~ WRIT PETITION NO: 2142 OF 2021 ~~" Between: 1. Sri K. Madhusudan Reddy, S/o Late K. Govinda Reddy, Aged about 65 years, 2. Smt A. Sarada Lakshmi, W/o K. Madhusudan Reddy 'Aged about 58 years, Both are Rep by G.P.A. Holder B. Venu Gopal Reddy S/o late B. Krishna Reddy, Aged about 45 years, R/o Kunuthuru Village, Dharmavaram Mandal, Anantapuram District. 3. B. Muralidhar Reddy, S/o late B. Krishna Reddy, Aged about 40 years, Occ- Agriculture. Smt. B.Jyothi, W/o B.Venu Gopal Reddy, Aged about 35 years, Occ- Agriculture. Smt. R.Veena, W/o B.Muralidhar Reddy, Aged about 32 years, Occ- Agriculture All are permanent R/o Kunuthuru Village, Dnarmavaram Mandal, Anantapuram District. ak Petitioners AND 1. The State of Andhra Pradesh, Rep. by it's Principal Secretary (Revenue), Secretariat Buildings at Amaravathi. ° The Joint Collector, Ananthapur, Ananthapur District The Revenue Divisional Officer, Dnharmavaram, Anantapuram District. The Tahsildar, Dharmavaram, Dharmavaram Mandal, Anantapuram District 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 more particularly one in the nature of a Writ of Mandamus declaring the action of the 2° Respondent in invoking the suo-mote' Revision i.e., R.C.No.564/2020/D4 after long lapse of 20 years is arbitrary, colorable, illegal and without jurisdiction besides infraction of A.P. Rights in Land Pattadar Passbook Act, 1971 and Rules thereon also against the Judgment in State of Punjab 86 Ors Vs Bhatinda Dist Co-operative Milk producers Union Ltd(2007 (11) SCC,363) consequently set aside the same 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 grant stay of all further proceedings arising out of RC. No.564/ 2020/D4 dt- 02/12/2020 of the an Respondent including dispossession further not to create 3° party rights, pending disposal of WP 2142 of 2021, on the file of the High Court. fon The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI MAHESWARA RAO KUNCHEAM Advocate for the Petitioners, and of GP FOR REVENUE for the Respondents, the Court made the following. ORDER:
"Heard the learned counsel for the petitioners and learned Assistant
Government Pleader for Revenue.
When the matter is taken up for hearing, it is brought to the notice of this Court that, earlier, in similar circumstances, interim orders were granted in W.P.No.24537 of 2020.
Considering the same and for the reasons alike, there shall be interim direction as prayed for in respect of notice dated 02.12.2020 issued to the
itioners only.
Poe ist the matter along with W.P.No.24537 of 2020". " Sd/-V.Diwakar ASSIST ON GISTRAR
((TRUE COPY!! SECTION OFFICER For
To,
RON
NO
The Principal Secretary (Revenue), State of Andhra Pradesh, Secretariat Buildings at Amaravathi.
The Joint Collector, Ananthapur, Ananthapur District
The Revenue Divisional Officer, Dharmavaram, Anantapuram District.
The Tahsildar, Dharmavaram, Dharmavaram Mandal, Anantapuram District (Addresses 1 to 4 by RPAD)
One CC to SRI MAHESWARA RAO KUNCHEAM Advocate [OPUC]
Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
One spare copy
HIGH COURT
NJSJ
- DATED:29/01/2021
LIST ALONG WITH WP.NO.24537 OF 2020
ORDER
WP.No.2142 of 2021
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INTERIM DIRECTION
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