Smt. Nedurumalli Anuradha , Spsr ... vs Joint Collector, Spsr Nellore District ...
2024 Latest Caselaw 8302 AP

Andhra Pradesh High Court - Amravati

Smt. Nedurumalli Anuradha , Spsr ... vs Joint Collector, Spsr Nellore District ... on 11 September, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

 APHC010425882016

                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                          [3209]

                           (Special Original Jurisdiction)

            WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBER
                 TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

          THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

                      WRIT PETITION No.4135 of 2016

Between:

Smt. Nedurumalli Anuradha and another                       ...PETITIONERS

                                     AND

The Joint Collector, SPSR Nellore District, Nellore      ...RESPONDENT(S)
and others

Counsel for the Petitioner:Mr.P. Ram Bhoopal Reddy

Counsel for the Respondent(S):G.P. for Revenue
                              G.P. for Assignment
                              Mr.Kuruva Naganna

The Court made the following:

ORDER

The present Writ Petition is filed seeking to declare the order dated

10.11.2015 of the 1st respondent vide D.Dis.No.(E8) 3531/2015, dated

10.11.2015 in confirming the order of the Joint Collector-1st respondent,

dated 04.06.2015 in respect of the land admeasuring Ac.0-87 cents

situated in Sy.No.70/2 of L.A.Sagaram village, Naidupet Mandal, SPSR

Nellore District, as illegal, contrary to the decree and judgment dated

18.12.2001 in O.S.No.230 of 1997 on the file of the Junior Civil Judge,

Sulurpet, as confirmed by the judgment and decree dated 29.03.2008 in

A.S.No.26 of 2002 on the file of the learned Senior Civil Judge Court,

Gudur, and to consequently set aside the orders passed by the

respondents 1 and 2.

2) The petitioners herein are arrayed as respondents in the appeal

filed by the 4th respondent herein against the orders passed by the

Tahsildar - 3rd respondent. At the time of considering the matter, learned

counsel for the petitioners submits that aggrieved by the very same

orders dated 10.11.2015, passed by the Joint Collector, W.P.No.1293 of

2016 was filed and the learned Judge after considering the matter in

detail by an order dated 25.01.2024 allowed the said Writ Petition and set

aside the order dated 10.11.2015 and remanded the matter for

consideration after giving notice to all the parties. In view of the same, he

submits that the present Writ Petition may be allowed in the light of the

orders passed in the Writ Petition referred to above. The said submission

is not opposed by the learned counsel for the respondents.

3) As the learned Judge passed a comprehensive order setting aside

the proceedings dated 10.11.2015 while remanding the matter to the

competent authority i.e., Joint Collector, this Court deems it appropriate to

dispose of the Writ Petition by setting aside the order dated 10.11.2015 in

respect of the present petitioners also, so that appropriate orders would

be passed by considering the case of the respective parties.

4) Accordingly, the proceedings dated 10.11.2015 are set aside. The

Joint Collector-1st respondent shall pass appropriate orders, in

accordance with law, after giving due notice and opportunity of hearing to

the parties to the present litigation. No costs.

5) Consequently, the Miscellaneous Applications pending, if any, shall

also stand closed.

____________________ NINALA JAYASURYA,J Ssv

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

Date: 11.09.2024

ssv