The Commissioner vs V.Murali Mohan
2022 Latest Caselaw 2496 AP

Citation : 2022 Latest Caselaw 2496 AP
Judgement Date : 2 June, 2022

Andhra Pradesh High Court - Amravati

The Commissioner vs V.Murali Mohan on 2 June, 2022

Beeereon,

  
     
 

(SHOW CAUSE NOTICE BEFORE ADNESSION}
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAYV,
THURSDAY THE SECOND DAY GF JUNE
TAWO THOUSAND AND TWENTY TWO
'PRESENT: ee
THE HONOURABLE SRI JUSTICE LU. DURGA PRASAD RAC
AND 8

THE HONOURABLE SRI JUSTICE 8 KRISHNA MOHAN

 

  

WRIT APPEAL NO: 844 OF 2032

QVHEREAS the Anpsilant above named through iis GP for Endowments oreferred
the above Appeal under Clauss 15 of the Leavers Patent against the Crder, dated
23122021 In WP.No.29185 of 2018 on the fle of the Nigh Cour} ,

Between:

The Commissioner, Endowments Daparinent, Gollapudi, Vilayawada,
Rrishna District, AP.
Appellant? Respondent in

WP No. 29785 af 2018 AND

1. Vo Murali Mohan, S/o. Late V. Joga Raa, aged about 68 yrs, Qc: Reid. Bank Ermiployes, Ric. O/S03. KSR Grean Valley, Visakhapatnam,

. RespondentWrit Petitioner

é. The State of Andhra Pradesh Rep by Hs Principal Secretary for Revenue Oaparimant, Secretariat, Amaravathi, Viayawada.

3. The istrict Collector, Vizianagaram District.

4. Joint Sub Registrar RO (OB), Vizianagaram,

Respondent Respondents

AND WHEREAS the High Court upon perusing the Appeal and avidavivemorandum of graunds fled herein and upon hearing the arguments of Sri GP for Encowrnants for the Appellant, directed issue of notice to the Respondents herein to show cause as to why this WRIT APPEAL should noi be admitted,

You vie:

1. Vf. Murali Mohan, Svo. Late V. fuga Reo, Occ: Rete, Bank Employee, Ryo. G/S03, KSR Green Valley, Visakhapsinam,

&. The Principal Sacretary for Revenue Department, State of Andhra Pradash Secretariat, Amaravathi, Vieyawada, .

The District Collector, Vizianagaram District.

Joint Sub Registrar RO (OB), Vinlanagararn,

bbe

gre directed fo show cause ether appearing in person or through an Advacaie. as io why in the circumstances set cut in the Agpes! and affidavit fled therewith fcapy enclosed} this WRIT APPEAL should not he admilied on or before 21.08 2022 an whieh vals the case stands pasted for hearing

iA NO: 1 OF 2022

. Petition under Section 181 CPC praying that in the circumstances stated in the mernorandurn of grounds fled in Support of the Writ Appeal, the High Curt may 38 Pleased ta suspend the order made in WE No.29185 of S018, deted 23.12.2024, mending disposal of WA No. 544 of 2022, anthe file of the High Court.

The Court made the following: ORDER

, tod wt Diaascias Fae Peo eed essere: Heard learned Government Pleader for Endawments.

by Endowments Commissioner to Sri

Notice jis stated to be TA.S.Prabhakara Rao, learned counse! for the respondent No. LAvrit petitioner. But however, there is no representation for hin.

Umpugning the order in W.P.No. 20185 of 2018, dated 23,123, 2021) learned counsel for the appellant would submit that the said order was passed by the learned Single Judge an the premise that the letter of the Endowments Contmnissismer was not sufficient to place the property under prohibited st of properties ag per Section 22 A 1} 1) ite Registration Act, 1908, in view of decision in Pasuparthi Jayaran and others Vs. Government of Andhra Pradesh, represented dy is Conusissioner, Endowments Depariment, fivderahad and

others (2013 (4) ALT 8411

Learmed Government Pleader would submit that subsequently a full bench of

maand Andhra Pradesh, in the case of

¥ mes © x a $ KR NWA RAS

cammon High Court of Judicature at T Minjamar? Rajagepala Chary and athers es. State of Andiva Pradesh rep. by Principal Secretary, Revenue Departinens, Uederabad and offers Gus av AL?

S30), has given guidelines as to in w

particular property under the proh

a notification was not required and. ag per m respect of

rere mA

endowment properties, no speotfic ¢ isation is required and sufflee, if

the concerned authority ie. Commissioner sf Endowrnents'Assistant

Commissioner, as the case may be, sends communication te the concerned Liistrict

RegistrarSub Registrar, stating

Sh eyes etext beae a wiser i oh, Me PaYhcuiar property belongs to the

Seer

Endowments Department, so as to reflise resist

P Broaporhy.