Andhra Pradesh High Court - Amravati
Posani Paleti Siva Kumari, vs State Of Ap on 28 January, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
3209 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY EIGHTH DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: i THE HONOURABLE SRI JUSTICE NINALA JAYASURYA \ WRIT PETITION NO: 2049 OF 2021 Between: Oe ne Smt Posani @ Paleti Siva Kumari, S/o. Paleti Prabhakara Rao, aged 64 years, Hindu; Rtd. Teacher, r/o. Flat No.304, Sai Mitra Towers, 2" Lane, JKC Nagar, Guntur-522006 ...Petitioner AND 1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, A.P. Secretrate, Amaravathi. District Collector, Guntur District, Collectorate, Guntur. Sub-Collector/R.D.O., Tenali, Guntur District. Posani Gopaiah, S/o. Late Subbaiah, aged 98 years, Hindu, Landlord, r/o. Kollimara village, Kakumanu Mandal, Guntur district, Presently residing at Dr.No.4-20-38/1, 7" Lane, Muthyalareddynagar, Guntur. BON | ...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 any writ or order or direction more particularly one in the nature of Writ of CERTIORARI, quashing the impugned orderdt.05.01.2021 of 3% Refponden in ROR Appeal Case No.742/2020/DT ROR upon calling for the records to the said case from the 3 Respondent, who cancelled the pattadar pass book and title deed of the Petitioner, the same being illegal and without jurisdiction. IA NO: 1 OF 2021 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 order dt.05.01.2021 of 3 Respondent in ROR Appeal Case No.742/2020/DT ROR, pending disposal of WP 2049 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri K.H.V.Siva Kumar, Advocate for the Petitioner and GP for Revenue for the Respondent Nos. 1 to 3 the Court made the following. ORDER:
"Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, who seeks time to secure instructions in the matter.
The writ petition is filed inter alia challenging the order dated 05.1.2021 passed by the third respondent.
The case of the petitioner in the present writ petition in short is that the fourth respondent filed a petition before the Tahsildar, Kakumanu for cancellation of Pattadar Pass Book (PPB) issued in favour of the petitioner and as no orders were passed, the fourth respondent filed a petition before the third respondent for cancellation of the PPB issued to the petitioner and entertaining the same, the third respondent passed the impugned order.
Learned counsel for the petitioner submits that the order passed by the third respondent is not tenable in as much as the said Authority has entertained the appeal though the matter is required to be considered by the Tahsildar concerned.
In view of the submissions, there shall be interim suspension as prayed for.
Learned counsel for the petitioner is permitted to take out personal notice to respondent No.4 and file proof of service within a period of two weeks.
List the matter after three weeks."
pa a Sd/-M.Suryanadha Reddy
-ASSISTA IITRUE COPY!/ dee SECTION OFFICER Ol PROG 6 cere oe er ares To,
4. The Principal Secretary, Revenue Department, A.P. Secretrate, Amaravathi, State of Andhra Pradesh.
The District Collector, Guntur District, Collectorate, Guntur. The Sub-Collector/R.D.O., Tenali, Guntur District. Posani Gopaiah, S/o. Late Subbaiah, r/o. Kollimara village, Kakumanu Mandal, Guntur district, Presently residing at Dr.No.4-20-38/1, 7" Lane, Muthyalareddynagar, Guntur. (Addresses 1 to 4 by RPAD) One CC to Sri. K.H.V.Siva Kumar, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One spare copy ON NOH MM So HIGH COURT NJSJ DATED:28/01/2021 NOTE: LIST THE MATTER AFTER THREE WEEKS ORDER WP.No.2049 of 2021 INTERIM DIRECTION