Andhra Pradesh High Court - Amravati
Peruboyina Kotaiah vs The State Of Andhra Pradesh on 8 January, 2024
oxteermes
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE EIGHTH DAY OF JANUARY
TWO THOUSAND AND TWENTY FOUR
(PRESENT: XS
TRE HONOURABLE SRI JUSTICE RAVI CHEEMAL APAT] NS
WRIT PETITION NO: 305 OF 2024 :
Between
FPeruboying Kofaiah, Sic Sayala ah, aged about 60 years, Rio Pedanaria village, Ozil
Miandal, SPSR Nellore District Now at Tirupati Cistrict
tr &
ESW.
x
.. Petitioner
AND
The State of Andhra Pradesh, rep. by its Principal Secretary, Depariment of
Revenue, Secretariat, Veiagapud?, Amaravall
The District Collector, iSPSRNelicre} Now at Tirupati District
Revenue Divisional Officer, Sullurupet (SPSR Nellore District) now al Tirupati
District
The District Registrar, Gudur SPSR Netare District now Trupad Distriat
The Joint Gub-Registrar, Naidupeta Tirupati District (previously In ''SPSE
Nellore District)
Respondents
WHEREAS the Petitioner above named through his Advacate SRI V
ARAIAH CHOWDARY presented this Petition under Article 226 of the
Constitution of india praying thal in the circumstances stated in the affidavil filet
therewith, the High Court may be pleased fo issue a writ in the nature of 8 wit of
Mandamus or any other appropris late writ, direction, order or orders declaring the
gotion o
of the respondent No. § herein in refused to registered the sale deed bearing
P No 88/2021 diLO?-08-2021 by refusal order No.3 of 2027 di 16-08-2021 by
confirmed the order dt0-12-2021 in Appeal No.5 of Z021 passed by the «
respondent herein with reference to the Sy. No. SS4A admmasuring 1-10 cents
Stuaied af Padaparia village accounts, Osi Mandal, Tirupati THetrict {gravinously
known as SPSR Nellore District} on the ground of the land is In prohibitory list under
sec, 22-A registration and stamps act which is contrary to the declaratory decrge a re
Jucigmant dt. 04-08-2012 passed in 6.5.N0.254 of 2009 on the file of the Senior Cy
Judge, Gudur against the revenue authorities as wholly arbitrary, Hegal, without
jurisdietion and void and violated the prineiples of natural Justice and affected his
rights
guaranteed under article 14, T9U0)(g), a and | 300(A4) of the Constitution of india
and consequently, direct the reapondents 4 and 4 herein to register the sale deed
and reisase the same to the peidianer herein wi ith reference {0 pending document
NO.P.98/28021 ¢f.07-08-2021 with reference fo the agricultural laris in Sy. No.S5- 4A
io an extant of Ac. 1-40 cants situated at Padaparia, Ozili Mandal, Tirupati Distr i
(previausly known as SPSR Nellore District} by set aside the refusal order 3/2021 8
19-08-202 4 passed by the S respondent by confirmed the orders di.20-12-2027 vide.
appeal No.5 of 2021 passed by the 4" respondent herein which are contrary taf
Judgment and decrea di 04-06. 2012 2 passed | in OS No. 254 of 2009 on the fle oft ihe
senior Ch Judge, Guu, as well as order dt. 62-06-2048 in delay petition in LANe.
120/2014 in unnumbered AS nif 2015 on the file of the Vil Addi.District Judge:
Guu against fhe revenue autharities.
AND WHEREAS the High Court "GON perusing fhe petition and
atidavil fled herein and upon Rearing the arguments of Sri Vo ESWARAIAM
CHOW DARY Advocate far the Petilioner, and of Government Pleader for Reyenue
for the Respondent Nos.1 to 3. and of Government Pleader for Stamos anc
Registration for the Respondent Nos.4 & 3, directed issue of notice to the
Respondents herein ta shaw cause as ta why this WRIT PETITION should not be
adiniited,
You viE:
1. The Principal Secretary, Deoartment of Revenue, Slate of Andhra Pradesh,
Secretarial, Velaganudi, Amaravati
2. The District Collector, fSPSRN:
S. Revenue Divisional Officer, Sulfu
District
4. The Oistriet Registrar, Gudur SPSR Nellore District now Tirupati District
S. The Joint Sub-Recistrar, Naiduseta Tiunat Casirict (previcugly in 'SPS
z 5
rm
~~
) New at Tirupati District
rupet GSPOR Nellore District} now at Tirupati
Nellore Districh
are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circurnstances set out in the petiion and the affidavil Hed
therewih (copy snclosed} this WRIT PETITION should not be adiriited, on ar before
22.07 2024.
'The Court made the following: ORDER
"Notice before admission,
Learned Government Pleader far Revernua, takes notice for Respondent
Noa.t to 3. ,
Learned Government Pleader for Stamns & Registration, takes notice
for Respondent Nos.4 & 5.
For instructions, post on 22.04.2034, in the 'Motian Lier."
Sai-NUSRINIVAS
ASSISTANT REGISTRAR
ATRUE COP YH :
. SECTION OFFICER
1. The Frncipal Secretary, Department of Revenue, State of Andhra Pradesh,
Secretarial, Velagapudl, Amarayati
&. The District Collacter, (SPORNellore) Nea at Tirupatl District
3. Revenue Divisional Ofiner, oullurupet (SPSR Nellore [istrict now at Tirupati
District
4. The District Registrar, Gucur SPSR Netlore District naw Hrupati District
The Joint Sub-Registrar, Naidupeta Tirupati District (previously in 'GPSR
Nediora Oistrict) (Addresses 1 to 5 by RPAD- along with a capy of pettion
and Affidavit}
One CC ta SRI V ESWARAIAH CHOWDARY, Advocate [OPUC]
Two COs fo Government Pleader for Revenus, High Court of Andhra
Pradesh. [OUT]
8. Two OCs to Governrnent Pleader for Stampa & Registration, High Court of
Andiva Pradesh. [OUT]
10.0ne spare copy
BN
H COURT
G
i
a
RG, J
DATED 08/01/2024
Poston 22.07.2024, in the 'Motien List
NOTICE BEFORE ADMISSION
pte
