Telukutla Nagaratnamma vs The Govt Of Ap
2024 Latest Caselaw 1101 AP

Andhra Pradesh High Court - Amravati

Telukutla Nagaratnamma vs The Govt Of Ap on 9 February, 2024

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                   MAIN CASE No: W.P.No.3496 of 2024

                       PROCEEDING SHEET

Sl.                                                                         OFFICE
        DATE                              ORDER
No.                                                                         NOTE.

01.   09.02.2024   RC,J

                          Notice before admission.
                          Learned Government Pleader for Revenue
                   takes notice for R1 to R4.
                          Post on 01.03.2024 for counter.
                                                               ________
                                                                  RC, J



                                   I.A.No.01/2024


                          Heard.
                          Sri M.R.S. Srinivas, learned counsel for the
                   petitioner in elaboration contended that, the then
                   tahsildar has passed mutation orders in favour of the
                   petitioners and later the incumbent preferred appeal
                   before the RDO by invoking the Section 5(5) of Act,
                   1971, wherein the RDO has entertained the same and
                   set aside the earlier mutation proceedings by order
                   dated 03.03.2022.    Against the same, the petitioner
                   filed a revision before 2nd respondent which got

dismissed under its order dated 17.11.2023. In fact, RDO has no jurisdiction or authority to entertain the appeal under Section 5(5) of Act, 1971. Though a ground has been raised before the revisional authority that the RDO order is illegal and contrary to law, the same was not dealt properly. In support of his contentions, learned counsel for the petitioner relied on the judgment of Ratnamma Vs Revenue Divisional Officer, Dharmavaram, Ananthapur District and others. As such, prayed to protect the interest of the petitioner.

Perused the record.

Prima facie, a point has been made out for consideration. To adjudicate the grievance of the petitioner, a detailed counter is required to be invited. However, in order to meet the ends of justice, this Court is inclined to pass the following interim order:

There shall be a stay of all further proceedings pursuant to the impugned order dated 17.11.2023 pending further orders.

________ RC, J

BRS