M. Lakshmi Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 1516 AP

Citation : 2021 Latest Caselaw 1516 AP
Judgement Date : 15 March, 2021

Andhra Pradesh High Court - Amravati

M. Lakshmi Reddy vs The State Of Andhra Pradesh on 15 March, 2021

Bench: Ninala Jayasurya

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MONDAY, THE FIFTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE ow

 

   

: PRESENT: 'ees
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA Sui
WRIT PETITION NO: 5785 OF 2021 pies

Between: '
M. Lakshmi Reddy, S/o Subba Reddy aged about 72 years, R/o Obulampalle Village
C.K Dinne Mandal, Kadapa District . ,
. Petitioner
AND
1. The State of Andhra Pradesh, rep by its Principal Secretary Revenue
Department Secretariat Buildings, Velagapudi Guntur District.
2. The Chairman and District Collector, District Level Committee (Under A.P Dotted
Lands(Updated in RSR)) Act, 2017 YSR District, Kadapa.
The Revenue Divisional Officer, Kadapa Division Kadapa District.
.. The Tahsildar, C.K Dinne Mandal Kadapa District.
Sri S. Gangi Reddy, S/o Sri Rossi Reddy R/o 4/92, Seethoripalle Village
Pydikaluva Panchayat Vallur Mandal, Kadapa District

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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(s) essentially in the nature of Writ of Mandamus
declaring the impugned proceedings of the respondent No.2 contained in R.Dis No.Rev-
SWLAODOT/ 101 /2020, dated 18.04.2020 as illegal, arbitrary and contrary to Sec.4(3)
of A.P Dotted Lands (Updated in Resettlement Register) Act, 2017 and in violation of
procedure prescribed under Rule 4 of A.P Dotted Lands (Updation in Resettlement
Register) Rules, 2017 resulting in violation of Article+,14, 21 and 300-A of the
Constitution of India and 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 suspend the
proceedings of the respondent No.2 contained in R.Dis No.Rev-SWLAODOT/101/2020,
dated 18.04.2020, pending disposal of WP 5785 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 KARNAM RAMESH
Advocate for the Petitioner, and of GP FOR REVENUE for the Respondents, the Court
made the following.

ORDER:

"Heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue, who seeks time to secure instructions in the matter.

However considering the submissions made by learned counsel for the petitioner and perusing the judgment and decree dated 15.3.2007 in O.S.No.616 of 2006 on the file of the Court of the Principal Junior Civil Judge, Cuddapah, prima facie this Court is satisfied that the petitioner is a party interested in the subject matter property and the proceedings dated 18.4.2020 without issuing notice to the petitioner under Rule 4(c) of the Andhra Pradesh Dotted Lands (Updation of Re-Settlement Register) Rules, 2017 is not tenable in law. Accordingly, there shall be interim suspension of the proceedings dated 18.4.2020 of the second respondent in respect of the land admeasuring Acs.4.58 cents in survey No.701/2 situated at Mamillapalli Village, C.K.Dinne Mandal, Kadapa.

List the matter after four weeks for filing counter.

In the meanwhile, learned counsel for the petitioner is permitted to

take out personal notice to respondent No.5 and file proof of service in the

Registry." .

Sd/-M.RameshBabu ASSISTANT REGISTRA® INTRUE COPYI/ SECTION OFFICER For To,

oo NO

. The Principal Secretary, Revenue Department, State of Andhra Pradesh

Secretariat Buildings, Velagapudi Guntur District. "

. The Chairman and District Collector, District Level Committee (Under A.P Dotted Y

Lands(Updated in RSR)) Act, 2017 YSR District, Kadapa. ;

The Revenue Divisional Officer, Kadapa Division Kadapa District. "

The Tahsildar, C.K Dinne Mandal Kadapa District. "