V Bhagayamma vs The State Of Andhra Pradesh,
2024 Latest Caselaw 388 AP

Andhra Pradesh High Court - Amravati

V Bhagayamma vs The State Of Andhra Pradesh, on 9 January, 2024

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                          W.P.No.493 OF 2024

                          PROCEEDING SHEET

Sl.                                                                          OFFICE
      DATE                              ORDER
No.                                                                           NOTE
01. 09.01.2024 RC,J:
                                  W.P.No.493 OF 2024

                       Notice before admission.
                       Learned         Government      Pleader         for
               Revenue takes notice for respondent Nos.1 to

Learned counsel for the petitioner is permitted to take out personal notice to the respondent No.5 through Registered Post with Acknowledgement Due and file proof of service in the Registry.

Post the matter on 06.02.2023.

______ RC,J

Heard Sri T.V.P.Sai Vihari, learned counsel for the petitioner.

The learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, without there being any appeal filed by any individual, the 3rd respondent/Sub-Collector without any jurisdiction has taken up the appeal sumoto under Section 5(5) of the Act, 1971 and thereby passed orders vide RC.No.955/2023/B dated 03.10.2023. If the said impugned order is allowed to continue, the rights of the petitioner will be affected.

In support of his contention, he relied upon the judgment of this Court in Annamaraju Venkata Raghavendra Vs.State of Andhra Pradesh and Ors.

(MANU/AP/1259/2021). As such, prayed to pass appropriate orders protecting the interest of the petitioner in that regard Perused the record.

Taking the submissions of learned counsel for the petitioner, prima-facie, a point is made out for consideration, for which a detailed counter is required to be invited by ordering notices to the unofficial respondent as well. In order to meet the ends of justice, this court is inclined to pass the following order:

There shall be stay of all further proceedings pursuant to the impugned notice vide RC.No.955/2023/B dated 03.10.2023, pending further orders.

______ RC,J MH