Andhra Pradesh High Court - Amravati
P Ramachandra Raju vs The State Of Andhra Pradesh on 29 November, 2023
nneretettis
3332]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISEIC TION)
WEDNESOAY THE TWENTY NINETH DAY OF NOVEMBER
TW THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPA
i& No. 7 OF 2023
iN
WP NO: 30978 OF 20223
Setween:
= Ramachandra Re alu, S/o. Gate) PYLN Ralu, Hindu, Male, Ags.S3 years, Kfo. D Ne.
i-44/3, Agraharam Streat, Relang: Vilage, fragavaram Mandal, West Godavari
Dstriat,
Petitioner
AND
he State Of Andhra Pradesh, Rap by iis Re i
Revevus De =p, AP. Secretariat Vela AGADLU
&. The District € eee Visakt rapa um Distr 'et 'Colle ec ecton ie at Visakhapatnam.
3. The . Revenue ONIS sional Officer: Visakhapatnam Revenue Division,
he eaeate am Dh etic! "
4. ihe t fahasildar of Shimuni patra am Mandal, Shirnunipatnam, Visakhapatnam
istrict, ;
sm. Bandam Ramayana, Wie fo. Tata Rao, Rio. DNa. 8-13.32, Goku! Naar,
On Galuwaka, Visekhapatnanh: 2
overririent
on
Respondents
Counsel for the Petitioner : StPUSOMA RAJU YELISETT!
Counsel for the Respondent Nos. 4 to 4 5GP FOR REVENUE
Petition under Section 151 CPa 'praying that in the circumstances stated in
the affidavit Med in supper of the. petton, he High Court may be oleased to
Suga the Denove Enquiry »: Netiees §0 ine Patitianer Jide
Ro. No Sd g/2023/VDL 25 ORO3S, 8 Ve0ES and TVii/2D23 issued by the
Rasp veer No.4 in pursuance of the said impugned Notic cee, pending disposal of
WP No. 20949 of 2023, on the file of the Hi gh Cour,
The Court made the following: ORDER
"Heard Sri ¥. Soma Raju, learved counsel for the petidiener,
Sr ¥.Some Raju, learned cdimeel for the petitioner in elaboration to
what has been steted in the affidavit contended that, the ROO, without ANY
authority and without any jurisdiction, has entertained the appeal purported to
have been fled by the un-official | respondent asking for cancellation of
patiadar pasa book and ted desé issued in favour of the petitioner and the
said authority has allowed the Sani Sand set aside the patladar passhook
issued in favour of the petitioner and Aurther directed the Tahsildar to conduct
" woes ne . _ x 2 ¢ . .
Denove Enquiry, The said impugned proceeding have been issued in the year
2017 and the same has come to th
'notice of the petitioner when the Tahalldar
has iasuad notice dated O87 1 2088 ,
The said ROC's arder has bean assailed
in the oresent writ petition. in fact, Sie RDO has no jurisdiction to entertain the
appeal fled by the un-official reepondents. in support of his canmlantions, he
relied upon the Judgment passed. the composite High Court in the case of
Rathamma vo Revers Divisional cer, Oharnavaram, reported in 2078 (8)
ALD 608 (DS). fF such ordar is aiiowed to continues, i not only affects the rights
af the petitioner and aise am cunts" . | Miscarriage of histice. As such, prayed
to bass appropriate orders to protedc! che ivtereat of the petitioner.
He further submitted that,the Taheldar under the guise of the said
order, is contemplating to condudél Denave Enquiry. In fact, a civil sult is
o
pending between the getttianer: and the un-official respondenis. fF such
Denave Enquiry is allowed to cond
ats aS, the patitioner's rights will be sfected.
As such, prayed to pass aporo: 3
petitioner,
before the campetent Civil Court 3
on the tile of the netifioner as we
Taking the submissions of both
referred supra inte consideration, |
consideration, aa such, this Court, 1 incined fo pags the follawing interim
order: ee |
nefices dated 14.417,2039 and G4. » Pending further orders."
Sl. 8. SRINIVASA PRAS: AS
ASSISTANT REG
For
Pa,
1. The Principle Secretary | arent, The State of Andhra Pradesh
Rowen nue Geo, AP. Secreta: o} ch Ay maraval hi.
4 ~ Rw °
3. _ The Distict Collectar Moliecforats at
Visakhapatnam, ;
a" . . 7. ran 2 ' sf . oe . .
3. The Revenue fHvisisnel Sheer, Visaknanainam Raveniue ENVISION |
Visakhapatnam Distict.
painam Mandal, ' Brumunipatnam,
Tata Rao, Rio. O.No 8-12-32. Gokul
ABM, (Addressess 7 foSby READY
LISETT! Advocate [OPUC]
igh Court Of Andhra Pradesh. (QUT)
TL Rand: Yam Rane AYATHNG,
Nag gar, (ld Galas Waka, MA ork
One CG to SRI. § S
Two COs to S
One snare copy,
L
HIGH COURT
ROM
DATED 294 1/2023
i No. 7 OF 2023
iN
WP NO: 20978 OF 3093
INTERIM STAY
