Citation : 2024 Latest Caselaw 481 AP
Judgement Date : 11 January, 2024
3 £3332]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION}
THURSDAY THE ELEVENTH DAY OF JANUARY"
WO THOUSAND AND TWENTY FOUR
-PRESENT: ;
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI °
iA No. 1 OF 2024
iN
WP NO S10 OF 2024 ;
Between:
Ghinthapalll Tirupathalah, S/o Chennaiah, 1-47, Gafilerugulla, Prakagam Andhra
Pradash, 523346 Adhar-3994 FASO ISSS., :
_ Petitioner
AND
1. The State of Andhra Pradesh, rep. hy Hs Principle Secretary, Revenue
Depariment, 4th Block, Ground Floer. Room No 135, AP Secretariat Ofios
Velagapud!, Amaravathi, Guntur Dist, Andhra Pradesh.
é. The District Collector, Prakasami District, Andhra Pradesh.
3. The Joint Collector, Prakasam District, Andhra Pradesh.
4. The Revenue Divisional Officer, Konadabcingaall, Prakasam District, Andhra
Pradesh. 5 '
S. The Tahsidar of Chandrashekara Mandal, Prakasam District, Andhra
Bradesh.
Respondanis
Counsel for the Petitioner > Sri REGULAGADDA VENKATESH
Gounsel for the Respondents:GP FOR REVENUE {AP}
Paition under Section 157 CPc oraying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to direct
the respondents not to rernove name af the palitioner in the revenue records in
respect of subject land of the petitioner by ouly considering the case of the petitioner
by following thedue process of law which is contemplated under Sec 5(1}, 8 (3) rAv
Rule & & 19 FommVil of THE ANDHRA PRADESH RIGHTS IN LAND AND
PATTAOAR PASS BOOKS ACT. +4 823 (ACT NO. 26 of 1974, judgment of Hon'ble
High Court of Andhra Pradash in Chinnam Pandurangam Vs Mandal Revenue
CHficer, 2007 Lawsuit(AP) 293 and pass Pending disposal of WE No. 910 of 2024)
an the fe of fhe High Court, .
The court while directing issue of notice to the Respondents herein to shaw
Sause as to why this application should not be complied with, made the following
omer(The receipt of this order will be deemed in be the reeaint of notices in the
CBSS},
ORDER
"Heard Sri R Venkatesh, learned counsel for the petitioner,
Learned counsel for the petitioner, in elaboration to what has been
stated in the affidavit contended: that, without following the procedure
and without giving mandatory notice ard opportunity of being heard as cormfemplated under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, S71, the respondent authorities have pul the netiioner's land to an extent of Ac.(8.00 scents situated in survey. No2e7i3 of Requiachlaka village, Chandrashekarapuram Mandal, Prakasam District in red mark and now, the respondent authoriies ars saontemplating to remove the peti itioner's name from the revenue records. He further submitted that, Wf the petitioner's name is deleted fram the revenue records, it affects the rights of the petitioner. As such, he prayed fo pass appropriate oriars protecting the interest of the
petitioner, Perused the material on record.
in support of his contention, the petitioner has glaced on record Y- H Adangal dated 27.03.2023, arima facie shows his possession over the subject property. To adjudicate the matter on merits, a detalied counter is required fo be invited. As righthvcontended by lnarned counsel for the petitioner, if the petitioner's name is removed from the revenue records with regard to subject property, if affects the rights of the petitioner. As such, this Court, as an interim measure, is inclined to pass the following
order:
Status Qua as on today shall be maintained with regard to
mutation in respect of the sublect property, for a peri jod oF three
woes tenn Ne
[ASSISTANT RE ISTRAR
For: "SEC ~FION OFFICER
is
3. The Principal Secrefary,
'The State of Andhra Pradesh, Revenue Depariment, 4ih Block, G:
i Floer, Room No 125, AP Secrefariat Office, Velagapudl, Amaravathi, Guntur Dist, Andhra Prar desh.
The District Coleotor, Prakasam District, Andhra Pradesh.
The Joint Co stector Orskasam Metrict, Andhra Pradesh.
ter Int
p
i
ask 3
The Revenue Divisional Offeer, Konadaboinapall, Prakasam District, Aadhra Pradesh.
The Tahsiidar of Chandrashekara Mandal, Prakasarn District, Andhra Pradesh, (Addressess 1 to 5 by RPAD- along with a cony of petition are atigavi} ae One CO ip SRE REGULAGADDA VENKATESH Advocate [OR UC] Two COsto GP FOR REVENUE (AP) High Court OF Andhra Pradesh, POUT) °
One spare capy.
BOST ON 22.01.2024 IN THE MOTION LIST
DATED CVG 2024 iA No. LOP 2024
HIGH COURT IN
RG
S10 OF 2024
.
x
WP NO
STATUS QUO
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