Dontireddy Bhagawan Reddy, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 619 AP

      HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            MAIN CASE No: W.P.No.2700 2023

                  PROCEEDING SHEET

SL.     DATE                         ORDER                             OFFICE
NO.                                                                     NOTE
1.    06.02.2023 BKM, J
                        Heard, Sri P. Gangainah Naidu the
                leaned Senior Counsel appearing on behalf of
                Sri N. Bharath Babu learned counsel for the
                petitioner.
                        The learned Government Pleader for
                Revenue takes notice for the respondent Nos.1

to 4.

The learned counsel for the petitioner is permitted to take out personal notice to the respondent Nos.5 and 6 and proof of service shall be filed within a period of three (03) weeks from today.

The learned Senior Counsel appearing for the petitioner submits that the house property was put in auction on 31.08.1978 and the predecessor of the unofficial respondents being a highest bidder purchased the same for a sum of Rs.2,500/-. But, the delivery was not handed over as per the RR Act. There is no procedure followed by the authorities under sections 38, 39 and 40 of the AP Revenue Recovery Act, 1864. Still, the 6th respondent herein after lapse of so much of time, filed an application, dated 07.12.2020 before the 2nd respondent to hand SL. DATE ORDER OFFICE NO. NOTE over the possession of the said house property. Since, there was no action, he filed earlier writ petition in W.P.4987 of 2021 in which there was an interim direction in I.A.No.1 of 2021 in W.P.No.4987 of 2021, dated 16.03.2021 to consider the representation of the petitioner therein, dated 07.12.2020, pending further order. The learned Senior Counsel submits that the said writ petition is still pending, and the 3rd respondent herein understood the said directions as if there is a judgment to hand over the possession of the house property to the petitioner and accordingly, he passed the impugned proceedings, dated 07.01.2023 action to take forcibly to take over the possession of the house of the petitioner herein at the instance of the unofficial respondents. Hence, this Writ Petition.

In view of the above said facts and circumstance, the respondents are directed to maintain Status-Quo as on today with respect to the house property i.e., house bearing door No.6/68 of Dommaranandyala Village of Mylavaram Mandal of this Writ Petition.

                      List        on     27.03.2023        along    with
             W.P.No.4987 of 2021.

                                                                ________
                                                                BKM, J

             KMS