Y Rachappa vs The State Of Ap
2021 Latest Caselaw 1896 AP

| | [2570]
_ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI A so
7 "(Special Original Jurisdiction) (Ege
MONDAY, THE SEVENTEENTH DAY OF MAY, ~ ;

TWO THOUSAND AND TWENTY ONE
|: PRESENT: |

- WRIT PETITION NO: 9816 OF 2021

Between: 7 Co oo ;
Y. Rachappa, aged 78 years, S/o Y. Basanna, Hindu, Occupation : Business, R/o H.No.
21-270, Madnigiri Street; Adoni, Kurnool District, Andhra Pradesh.

Petitioner
AND

1. The State of Andhra' Pradesh, Rep. by its Principal Secretary, The Revenue
Department, ' Secretariat at Velagapudi, Amaravathi, Guntur District,' Andhra
Pradesh

The District Collector, Kurnool District, Kurnool

The Revenue Divisional Officer, Adoni, Kurnool District
The Tahsildar, Adoni Mandal, Adoni, Kurnool District

RON

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 appropriate writ or direction more particulariy one in the nature of Writ of
Mandamus declaring the Notice Re.B. 94/2014 dated 17-04-2021 of the 4th Respondent
issued U/Sec. 7 of Madras - Ill - Act 1905 as illegal, arbitrary, in violation of principles of
natural justice, without jurisdiction and in violation of Article 14 and 300-A of the
Constitution of India and consequently set aside the same in the interest of justice. . -

IANO: 4 OF 2021 _

Petition under Section 151 CPC praying that in the 'circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to stay all
further proceedings in pursuance to Notice Rc.B. 94/2014 dated 17-04-2021 of the 4th
Respondent issued U/Sec. 7 of Madras - Ill - Act 1905, in the interest of justice, pending
disposal of WP 9816 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 S D Gowd, Advocate for
the Petitioner, GP for Revenue for the Respondents, the Court made the following.
ORDER

"Heard the learned counsel for the petitioner.

Learned Government Pleader for Revenue takes notice for respondents 1 to 4.

In view of the fact that pursuant to the injunction granted in favour of the petitioner, he is in possession and enjoyment of the subject property, which js evident from the judgment in O.S.No.221 of 1982 and taking into consideration the ratio laid down in P. Kurma Appa Rao v. State of A.P. reported in 2020 (6) ALT 477, there shall be interim stay of the proceedings pursuant to the notice vide Re.B.94/2014, dated 17.04.2021 issued by the 4th respondent under Section 7 of Madras ~ Ill Act 1905, for a period of eight (8) weeks.

To,

NO a BF ON

SP

Post after six weeks."

ITTRUE COPY//

_ SECTION OFFI

Sd/-B.NarsingaRao a ASSISTANT REGISTRE

ae o,

ER

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

Secretariat at Velagapudi, Amaravathi, Guntur District, Andhra Pradesh

The District Collector, Kurnool District, Kurnool

The Revenue Divisional Officer, Adoni, Kurnool District

The Tahsildar, Adoni Mandal, Adoni, Kurnool District (1 to 4 by RPAD)

One CC to Sri S D Gowd, Advocate [OPUC]

Two CCs to GP for Revenue, High Court of Andhra Pradesh.[OUT]

One spare copy

HIGH COURT

CPKJ

- DATED: 17/05/2021

POST AFTER SIX WEEKS

ORDER WP.No.9816 of 2021

INTERIM DIRECTION

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