K. Radhakrishna vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1472 AP

Citation : 2021 Latest Caselaw 1472 AP
Judgement Date : 9 March, 2021

Andhra Pradesh High Court - Amravati

K. Radhakrishna vs The State Of Andhra Pradesh, on 9 March, 2021

Bench: Ninala Jayasurya

[3209]

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE NINTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 5678 OF 2021
Between:

1. K. Radhakrishna, S/o K. Venkata Subba Naidu.
2. D. Elanchezhian, ,S/o Deivasigamani.

... Petitioners
AND

The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department,
Secretariat Buildings at Amaravathi.

The Revenue Divisional Officer, Dharmavaram, Anantapuram District.

The Tasildar, Chenne Kotha Palli, (C.K. Palli) Anantapuram District.

S. Nagendra Gowd, S/o late Obulapathi, Major. .

S. Lokendra Gowd, S/o late Obulapathi. Major.

S. Ramappa Gowd, S/o late Obulapathi. Major.

S. Lakshmanna Gowd, S/o late Obulapathi. Major.

S Giridhar Gowd, S/o late Obulapathi. Major.

S.Jayalakshmi, VV/o Late Gangadhar Gowd, Major.

ODNAARWN

Respondents No. 4 to 9 are R/o Potlamarri Village, Bathalapalli Mandal,
Ananthapur District.

40.B. Venkataramudu, S/o Late B. Peddanna, Major, R/o H.No. 1-203, Kurava
Street, C.K. Palli Village and Mandal, Ananthapur District.
ce Respondents

Whereas the Petitioner avove named through their Advocate Sri Maheswara Rao
Kuncheam 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, order or direction more particularly one in the nature of a Writ of
Mandamus declaring the orders D.Dis.1189/2019/G dt 17.2.2021 passed by the an
Respondent is illegal, arbitrary and without jurisdiction ( 2015 (6) ALD 609 (DB) further
contrary to the section 5(3) of A.P Rights in Land and Pattadar Pass Books Act,1971
and Rule 19(2) of Rules therein besides violation of Full Bench Judgment reported
2007(6) ALT.134 consequently set aside the same.

And Whereas the High Court upon perusing the petition and affidavit filed herein
and upon hearing the arguments of Sri Maheswara Rao Kuncheam Advocate for the
Petitioner, GP for Revenue for Respondents, directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted.

You viz:

1. S. Nagendra Gowd, S/o late Obulapathi, R/o Potlamarri Village, Bathalapalli
Mandal, Ananthapur District.

2. §. Lokendra Gowd, S/o late Obulapathi. R/o Potlamarri Village, Bathalapalli
Mandal, Ananthapur District.

3. S, Ramappa Gowd, S/o late Obulapathi. R/o Potlamarri Village, Bathalapalli
Mandal, Ananthapur District.

4 S. Lakshmanna Gowd, S/o late Obulapathi. R/o Potlamarri Village,
Bathalapalli Mandal, Ananthapur District.

5 §.Giridhar Gowd, S/o late Obulapathi. R/o Potlamarri Village, Bathalapalli
Mandal, Ananthapur District.

6. S.Jayalakshmi, W/o Late Gangadhar Gowd, R/o Potlamarri Village,

Bathalapalli Mandal, Ananthapur District. .
7. B. Venkataramudu,, S/o Late B. Peddanna, Major, R/o H.No. 1-203, Kurava
Street, C.K. Palli Village and Mandal, Ananthapur 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, on or before 15-04-2021 on which date the case stands posted for
hearing.

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 of all
further proceedings arising out of the impugned orders D.Dis.1189/2019/G dt 17.2.2021
passed by the 2™ respondent in respect of the petitioners subject lands in Ac. 9.47
Cents out of Ac. 13.90 cts in Sy.No. 435-2A, & Ac.0.73 Cents out of Ac. 1.25 cts in
Sy.No. 437-2 of Chennekotha Palli Village & Mandal, Ananthapur District, pending
disposal of WP No. 5678 of 2021, on the file of the High Court.

The Court made the following:
ORDER:

"Heard learned counsel for petitioners and learned Assistant Government Pleader for Revenue, who seeks time to secure instructions

in the matter.

However, perusing the material filed by the petitioners including Exs.P.2 to P.7 and considering the submissions made by learned counsel for the petitioners that the impugned order dated 17.2.2021 was passed by the second respondent by entertaining the representations made by unofficial respondent Nos.4 to 10, that the same is without jurisdiction and without giving due opportunity to the petitioners and contrary to the judgments in Chinnam Pandurangam vs. Mandal Revenue Officer, Serilingampally 2007 (6) ALT 134 (FB) and Ratnamma vs. Revenue Divisional Officer, Ananthapur 2015 (6) ALD 609 (DB), there shall be interim stay of all further proceedings pursuant to the impugned order dated 17.2.2021.

Notice to respondent Nos.4 to 10.

Learned counsel for the petitioners is permitted to take out personal notice to respondent Nos.4 to 10 and file proof of service in the Registry

within a period of three weeks.

1 33 / List the matter after four weeks. Sd/-T. Madhavi

ASSISTANT REGISTRAR ITTRUE COPY! For. SECTION OFFICER

. To,

10.

. S. Nagendra Gowd, S/o late Obulapathi, R/o Potlamarri Village, Bathalapalli

Mandal, Ananthapur District.

S. Lokendra Gowd, S/o late Obulapathi. R/o Potlamarri Village, Bathalapalli Mandal, Ananthapur District.

S. Ramappa Gowd, S/o late Obulapathi. R/o Potlamarri Village, Bathalapalli Mandal, Ananthapur District.

S. Lakshmanna Gowd, S/o late Obulapathi. R/o Potlamarri Village, Bathalapalli Mandal, Ananthapur District.