Andhra Pradesh High Court - Amravati
Narasapuram Peeraiah vs The State Of Andhra Pradesh on 1 October, 2024
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY ,THE FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 22278 OF 2024
Between:
Narasapuram Peeraiah, S/o. N. Peeraiah, 54 years, Hindu, Occupation
Agriculture, r/o. D.No. 1-41, Gunthachenampalle, C.S.Puram (M),
Prakasam District
...PETITIONER
AND
1. The State Of Andhra Pradesh, rep. by its Principle Secretary, Revenue
Department, 4th Block, Ground Floor, Room No 135, A.P Secretariat
Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh.
2. The District Collector,Prakasam District @ Ongole, Andhra Pradesh.
3. The Revenue Divisional Officer, Kanigiri, Prakasam District, Andhra
Pradesh.
4. The Tahsildar, Chandrashekarapuram Mandal, Prakasam District,
Andhra Pradesh.
5. The Station House officer, Chandrashekarapuram Mandal, Prakasam
District, Andhra Pradesh.
6. Gollapalle Pullaiah, s/o. G. Rosaiah, Aged 44 years,
ChandrashekarapuramMandal Prakasam District, Andhra Pradesh.
7. Gollapalle Prabhudas, s/o. G. Rosaiah, Aged 36 years,
Chandrashekarapuram Mandal Prakasam District. Andhra Pradesh.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a Writ Order or direction particularly, one in the nature of
writ of Mandamus challenging the action of the respondents more
particularly respondent no.4 and 5 in issuing proceedings vide form-1 vide
RC.NO.BI/2024 dated 19.08.2024 and RC.A.63/2022 dated 08.04.2022
thereby trying to cancel the assigned patta which given to the petitioner to
an extent of AC.2.94 cents in Sy.No 197/2 in Guntachennampalli revenue
village, Chandrashekarapuram Mandal Prakasam District, Andhra
Pradeshas illegal, arbitrary and violation of principles of natural
justice.Artide 21 and 300A of the constitution of India and consequently
suspend the proceedings vide form-1 vide RC.NO.BI/2024 dated 19.08.2024
and not to interfere with peaceful possession and physical enjoyment of the
property in any manner what so ever duly by considering the representation
dated 14.12.2023 of the petitioner to the respondent no.4 and complaint to
the respondent no.5 dated 27.04.2023.
lA NO: 2 OF 2024
Petition under Section 151 CPC praying 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 interfere with peaceful possession & physical
enjoyment of the property in any manner what so ever duly by considering
the representation dated 14.12.2023 of the petitioner to the respondent no.4
and complaint to the respondent no.5 dated 27.04.2023 and pass order or
orders in accordance with law, pending disposal of the writ petition may
deem fit and proper in the circumstancesof the case.
<' lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to
suspend the proceedings vide form-1 vide RC.NO.BI/2024 dated
19.08.2024and pass order or orders in accordance with law pending
disposal of the above writ petition.
Counsel for the Petitioner(s): SRI. REGULAGADDA VENKATESH
Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE
Counsel for the Respondent No.5: GP FOR HOME
Counsel for the Respondent Nos.6 to 7: NONE APPEARED
The Court made the following: ORDER
APHC010437372024
I LI
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
[3329]
(Special Original Jurisdiction)
TUESDAY ,THE FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 22278/2024
Between:
Narasapuram Peeraiah ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. REGULAGADDA VENKATESH
Counsel for the Respondent(S):
1.GP FOR HOME
2.GP FOR REVENUE
The Court made the following Order:
The writ petition is filed for following relief:-
"to issue a Writ Order or direction particuiarly one in the
nature of writ of Mandamus challenging the action of the
respondents more particularly respondent no 4 and 5 in
issuing proceedings vide form1 vide RC NO B1/2024
dated 19 08 2024 and RC A 63/2022 dated 08 04 2022
thereby trying to cancel the assigned patta which given to
the petitioner to an extent of AC.2.94 cents in Sy No
197/2
in Guntachennampalli revenue village
Chandrashekarapuram Mandal Prakasam District Andhra
Pradeshas illegal arbitrary and violation of principles of
natural justice Article 21 and 300A of the constitution of
India and consequently suspend the proceedings vide
formi vide RC NO BI/2024 dated 19.08.2024 and not to
interfere
with peaceful possession and physical
enjoyment of the property in any manner what so ever
duly by considering the representation dated 14.12.2023
of the petitioner to the respondent no 4 and complaint to
the respondent no.5 dated 27.04.2023 and pass such
other order"
Heard the learned counsel for the petitioner and the learned counsel
for the respondents.
3.
The learned counsel for the petitioner submits that the petitioner was
assigned an extent of Ac. 2.94 cents in Sy.No.197/2, located in
Guntachennampalli Revenue Village, Chandrasekharapuram Mandal,
Prakasam District. Pursuant to this assignment, the petitioner was issued
revenue records, recognizing the petitioner as the pattadar and possessor
of the patta land. He further submits that while the petitioner was in
possession and enjoyment of the said land, unofficial respondents Nos. 6
and 7 interfered. Consequently, the petitioner filed O.S.No. 70 of 2020,
seeking a permanent injunction against the respondents wherein the court
below rendered a judgment and decree in favor of the petitioner on
31.12.2021, against unofficial respondents Nos. 6 and 7, who were the
defendants in the suit.
4. While things stood thus, at the behest of respondents Nos. 6 and 7,
the 4*^ respondent herein issued the impugned notice dated 19.08.2024,
alleging that the petitioner, as an assignee of the subject property, violated
the provisions of the Andhra Pradesh Assigned Lands (Prohibition of
Transfers) Act, 1977, and directed the petitioner to submit an explanation
within a period of 15 days from the date of receipt of the order, The
learned counsel for the petitioner further submits that after receiving the
notice, the petitioner is trying to submit the explanation, without waiting for
the period as per the notice, but the respondents are trying to evict the
petitioner from the subject property in violation of due process as
contemplated under law.
5.
On the other hand, the learned Government Pleader for the
respondents submits that, since it is a show cause notice issued by the 4*^
respondent, the petitioner shall submit an explanation along with all
relevant materials. After
receiving the petitioner's explanation, the 4*^
respondent shall consider the explanation of the petitioner and pass
appropriate orders in accordance with the law after following due process
of law as contemplated.
6. Having regard to the submissions made by both counsels, this Court
is of the considered view that, the writ petition can be disposed of, by
directing the petitioner to submit an explanation to the show cause notice
dated 19.08.2024 issued by the 4^^ respondent within a period of two (02)
weeks from today. The respondent shall consider the explanation of the
petitioner and pass appropriate orders with reference to the revenue
record and the petitioner's assignment within a period of four (04) weeks
thereafter.
7. With the above directions, the writ petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
Sd/- M. SRINIVAS
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
' To,
1. The Principle Secretary, Revenue Department, 4th Block, Ground Floor
Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur
Dist, Andhra Pradesh.
2.
The District Collector, Prakasam District @ Ongole, Andhra Pradesh.
3. The Revenue Divisional Officer, Kanigiri, Prakasam District, Andhra
Pradesh.
4. The Tahsildar, Chandrashekarapuram Mandal, Prakasam District,
Andhra Pradesh.
5. The Station House officer, Chandrashekarapuram Mandal, Prakasam
District, Andhra Pradesh.
6.
One CC to Sri. Regulagadda Venkatesh, Advocate [OPUC]
7.
Two CCs to GP For Revenue ,High Court Of Andhra Pradesh. [OUT]
8.
Two CCs to GP For Home, High Court of Andhra Pradesh [OUT].
9. Three CD Copies
AL
HIGH COURT
DATED:01/10/2024
ORDER
DISPOSING OF THE WP WITHOUT COSTS
