Citation : 2021 Latest Caselaw 445 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: 2087 OF 2021 ~ Between: : Sri K. Madhusudan Reddy, S/o Late K.Gopvinda Reddy aged about 65 years, Rep by G.P.A Holder, B.Venu Gopal Reddy S/o. Late B.Krishna Reddy, Aged about 45 years, Occ: Agriculture, R/o Kunuthuru Village, Dnarmavaram Mandal, Anantapuram District. Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue), - Secretariat Buildings at Amaravathi. The Joint Collector, Ananthapur, Ananthapur District The Revenue Divisional Officer, Dharmavaram, Anantapuram District. The Tahsildar, Dharmavaram, Dharmavaram Mandal, Anantapuram District Respondents ON 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- motu Revision i.e., R.C.No.579/2020/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 and 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.579/2020/D4 dt: 02/12/2020 of the 2" Respondent including dispossession further not to create 3 party rights, pending disposal of WP 2087 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 MAHESWARA RAO KUNCHEAM Advocate for the Petitioner, and of GP FOR REVENUE Advocate for the Respondents, the Court made the following. ORDER:
"Heard the learned counsel for the petitioner 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 petitioner only.
List the matter along with W.P.No.24537 of 2020". Sd/-V.Diwakar
ASSISTOPT RESISTRAR
' Le I/TRUE COPY// SECTION OFFICER For To,
1. The Principal Secretary (Revenue), State of Andhra Pradesh, Secretariat
Buildings at Amaravathi.
2. The Joint Collector, Ananthapur, Ananthapur District
NO
The Revenue Divisional Officer, Dnarmavaram, 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 MATTER ALONG WITH WP.NO.24537 OF 2020
ORDER
WP.No.2087 of 2021
INTERIM DIRECTION
we
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