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Andhra Pradesh High Court - Amravati

R.C.Sarojanamma vs The State Of Andhra Pradesh on 28 December, 2020

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE TWENTY EIGHTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY ~

:-PRESENT:
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO : 25233 of 2020 % S

Between:
1. R.C.Sarojanamma, D/o. R.C.Janaiah
2. C.Daveed, S/o. R.C.Sarojamma
3. C.Shanthamurthy, S/o. Sarojamma
Petitioners 1 to 3

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of
Revenue, Velagapudi, Amaravathi, Andhra Pradesh.

The District Collector, Kurnool District, Andhra Pradesh.

The Revenue Divisional officer, Adoni, Kurnool District, Andhra Pradesh.

The Tahsildar, Mantralayam Mandal, Kurnool District, Andhra Pradesh.
R.C.Bhupathi, S/o.Jayaraj @ PeddaUseni, Occ: Agriculture, R/a.V.Thimmapuram
Village, Mantralayam Mandal, Kurnool District, AP

R.C:Marthamma, W/o. Dubbanna, Occ: Agriculture, R/o.V.Thimmapuram Village,
Mantralayam Mandal, Kurnool District, AP

R.C.Kistappa, S/o. Jayaraju, Occ: Agriculture, R/o.V.Thimmapuram Village,
Mantralayam Mandal, Kurnool District, AP

N Oo AWN

Respondents 1 to 7

WHEREAS the Petitioners above named through their Advocate Sri Y.Balaji,
presented this writ 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 or order or direction more particularly in the nature of Writ of certiorari Call
for the Records in pursuant to the Case Vide Rc.D5/3485/2018, dated 13/06/2019, on
the file of the Honble Joint Collector and Additional District Magistrate, Kurnool District
and also Order of the Revenue Divisional Officer, Adoni/3rd Respondent vide
Rco.E.No.81/2017, dated 25/01/2018, Both the Orders are illegal, arbitrary and also
violation of Article 21 and 300-A of the Constitution of India and also against Section 5 of
Andhra Pradesh (Rights in Land) and Pattadar Pass Book Act, 1971 and also Rule 11,
12 and 15 of the Andhra Pradesh (Rights in Land) and Pattadar Pass Books Rules, 1989
and consequently set aside the Orders of the Honble Joint Collector and Additional
District Magistrate, Kurnool District vide Re.D5/3485/2018, dated 13/06/2019 and also
Order of the Revenue Divisional Officer, Adoni/3rd Respondent vide Rc.E.No.81/2017,
dated 25/01/2018 and direct the Respondent Nos.3 and 4 to continue the Petitioners
Names in all the Revenue Records with the regarding to the Land admeasuring Ac. 8.16
cents in Sy.No.44/1 and Land admeasuring Ac. 1.69 cents in Sy.No.30/2, situated at V
Thimmapuram Village, Mantralayam Mandal, Kurnool District, A.P.

AND WHEREAS the High Court, upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Y.Balaji, Advocate for the Petitioners and
of G.P. for Revenue for the Respondents 1 to 4, directed to issue of notice to
Respondents herein to show cause as to why this writ petition should not be admitted in
the circumstances set out in the petition and the affidavit filed in the Writ Petition.

You viz;

1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh,
Velagapudi, Amaravathi, Andhra Pradesh.

The District Collector, Kurnool District, Andhra Pradesh.

The Revenue Divisional officer, Adoni, Kurnool District, Andhra Pradesh.

The Tahsildar, Mantralayam Mandal, Kurnool District, Andhra Pradesh.
R.C.Bhupathi, S/o.Jayaraj @ PeddaUseni, Occ: Agriculture, R/o.V.Thimmapuram
Village, Mantralayam Mandal, Kurnool District, AP

R.C.Marthamma, W/o. Dubbanna, Occ: Agriculture, R/o.V.Thimmapuram Village,
Mantralayam Mandal, Kurnool District, AP

O MON

 
 

7. R.C.Kistappa, S/o. Jayaraju, Occ: Agriculture, R/o.V.Thimmapuram Village,
Mantralayam Mandal, Kurnool District, AP

are directed to show cause either appearing in person or through an Advocate as to why
n the circumstances set out in the petition and the affidavit filed therewith (copy
enclosed) this writ petition should not be admitted.

The Court made the following ORDER:

" Office to print the name of learned Government Pleader for Revenue in
place of learned Government Pleader for Services.

Notice before admission.

Learned counsel for petitioners is permitted to take out notice to
respondent Nos. 5 to 7 through RPAD and file proof of service in the Registry
within a period of three (3) weeks.

Post after four (4) weeks.

In the meanwhile, learned Government Pleader for Revenue to get
instructions in the matter."

  

Sd/-V.Savitramma

ASSISTANT RE TRAR

  

/1 TRUE COPY // ; SECTION

To

--

The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Velagapudi, Amaravathi, Andhra Pradesh. The District Collector, Kurnool District, Andhra Pradesh. The Revenue Divisional officer, Adoni, Kurnool District, Andhra Pradesh. The Tahsildar, Mantralayam Mandai, Kurnool District, Andhra Pradesh. R.C.Bhupathi, S/o. Jayaraj @ PeddaUseni, Occ: Agriculture, R/o.V.Thimmapuram Village, Mantralayam Mandal, Kurnool District, AP R.C.Marthamma, W/o. Dubbanna, Occ: Agriculture, R/o.V.Thimmapuram Village, Mantralayam Mandal, Kurnool District, AP R.C.Kistappa, S/o. Jayaraju, Occ: Agriculture, R/o.V.Thimmapuram Village, Mantralayam Mandal, Kurnool! District, AP (1 to 7 by RPAD along with a copy of Petition and affidavit) 8 The Section Officer, Writ Posting, High Court, A.P. 9 Two CCs to G.P. for Revenue, High Court, A.P.(OUT) 10 One CC to Sri Y.Balaji, Advocate (OPUC) 11 One spare copy. C N 2 ARON SAH HIGH COURT NJSJ DATED: 28-12-2020 NOTE: POST AFTER FOUR (4) WEEKS NOTICE BEFORE ADMISSION WP.NO. 25233 OF 2020 DIRECTION hig hye