Andhra Pradesh High Court - Amravati
Shaik Rabbani vs The State Of Andhra Pradesh on 29 January, 2024
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
(SPECIAL ORIGINAL JURISDICTION)
MONDAY ,THE TWENTY NINETH DAY OF JANUARY
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 1816 OF 2024
Betwee n :
1. ShaI'k Rabbani, S/o Late. Mulla Lalu Khan, Muslim, aged about 21 years,
R/o Door No. 1/23, Peddavangali Village, Chagalamarri MandaI,
Nandyala District. Andhra Pradesh.
2. Mulla Shaik Ghousiya, W/o Lalu Khan, Muslim, aged about 48 years,
Peddavangali Village, Chagalamarri MandaI, Nandyala District, Andhra
Pradesh.
.. ,Petitioners
AND
1. The State of Andhra Pradesh, Rep. by its PrI-nCiPal Secretary Revenue
Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Nandyala DI'StriCt, Andhra Pradesh.
3. The Superintendent,of police, Nandyala District, Andhra Pradesh.
4. The Revenue Divisional Officer (Sub-Collector), Nandyala, Nandyala
District, Andhra Pradesh.
5. The Tahsjldar, Chagalamarri Mandal, Nandyala District Andhra Pradesh.
6. The Sub-Inspector of police, chagalamarri, chagalamarri Mandal,
Nandyala District Andhra Pradesh.
7. Mulla Khairun Bee, W/o Late. Mulla Lalu Khan, Muslim, aged about 60
years 60 Door No.2-8-58, Satram Street, AhobI'lam Road, AIIagadda,
Nandyala District-518 543, Andhra Pradesh.
8. The SLIb-Registrar, Allagadda, Nandyala DistrI'Ct Andhra Pradesh.
...Respondents
WHEREAS the Petitioners above named through their Advocate SRI SUREPALLI MADHAVA RAO presented this petition under Artl|cle 226 of the Constitution of India praying that in the circumstances stated in the affl'davit filed therewith, the High Court may be pleased to issue order, direction, particularly one in the nature of writ of Mandamus writ declaring
(a) that the proposed acti9n Of the 5th respondent to mutate subject land namely, Ac.5.04 cents in Survey No.537 of Chagalamarri Village and Mandal, Nandyala District in favour of the 7 revenue record online when O.S.No.331/2021 in respect orth_e said land is now pending on the file of the Hon'ble Junlor clvII Allagadda IS arbI~trary, Illegal and contra Andhra pradesh Rlghts ln Land and pattadar passbook Act 1971 and the A P Rlghts ln Land aRnuFe= aT9ad89a r aPnads svb.looRakt.l€=pobf=gA=#:u,urn" ±^ftg^l; l=± _taOn:ah :h €p£evP= nFipgrhotvsi ::a == nodf Rules 1989 and vIOIatlve of Art,cle 14 of the constltutlon of India and consequently dI'reCt the 5th respondent not to mutate the property I-n the name of the 7th respondent on'lne ln revenue records tlll the dISPOSal the clvI' Sult and the 8th respondent not to entertaln any sale deed lf presented by the 7th respondent for regl'stratI-On I-n respect of the subject land,I
(b) that the action of th; 5th respondent Ion having called the petjt,-oners to hls pollce statI'On frequently and forclng them to settle the clv" dlspute between them and the respondent ln respect of land namely, Ac 5 04 cents ln survey No 537 of chagalamarrI village and MandaI, Nandya'a Dlstrlct as per the terms suggested by him even though o.s.No.331/2021 jn respect of the same property is now pending on the file of the Hon'ble Junior cjv" Judge at Allagadda and consequently dlrect hlm not to summon the petltloners to pollce statlon and Interfere wlth the cfv" dlspute between them and the 7 respondent l'n respect of which the suit is pendl-ng Ion cl-v" court
(c) that the l'naction of the 3rd respondent on the compla,'nt dt.14-08-2023 glven by the 2nd petltloner against the 5th respondent, ls arbitrary and Illegal and v,'olatIVe Of Art,cle " of the constltutlon of lndla and consequently dlrect the 3rd respondent to transfer the pending lnvestl'gatlon ln Crlme No 109/2023 a?1ff_gc7:rF u8-n2dOe2r3h?sn ctohnetigF adEih\eiestr:=Ge::oupfoignadFn#+:^igF g_s£ot_S=n_:_n:TCerrl ToemNpoet: ndt952oRl2i3e off,'cer under his control and the `respondent to henceforth not to proceed w,'th the pendlng lnvestjgatlon ln pthe crlme tlll the ,nvestlgatlon of the case Its transferred to some other policeL6fficer AND WHEREAS the HI'gh Qourf upon perusl'ng the petition and affidavit f#heArde:nocaanted ¥odrr6it-hh:i-a#e:igiti.l!hnveeur€:a FF:enn:pse ro^# sngrgL ^gh#_Ee_gt#LnLlanMdAaDffiHdAaVVA RAO Advocate for the petitioners, and of GP FOR REVENUE, for the Respondent Nos 1,2,4 , 5, & 8 and of GP FOR HOME, for the Respondent Nos 3 & 6, dlrec.ted ISSue of notice to the Respondents hereln tO Show Cause as to why this WRIT PETmoN should not be adml-tted.
You vl-z.I
1. The prlnCIPal Secretary, Revenue Department, state ofAndhra pradesh, A.P. Secretariat, velagapudI-, Amaravathl-, Guntur District.
2. The Dl'strllct collector, Nandyala DjstrI-Ct, Andhra pradesh.
_ _ . , . .i, ..,uJ|l.,a UIO,Hul, Ananra Pradesh.
3. The superintendentA,ofI+_I_®_ The sunerjn+anAJ=r`+ poll'ce, Nandyala District, Andhra pradesh. The Revenue DlvISIOnaJ Officer (sub-collector), Nandyala, Nandyala Djstrjct, Andhra pradesh. I The Tahsjldar, chaga'amarr,' Mandal, Nandyala DjstrI-Ct Andhra pradesh. The sub-Inspector of pollce, chagalamarri, chagalamarrl Manda', Nandyala Djstrjct Andhra pradesh.
7. Mulla Khairun Bee, W/o Late. Mulla Lalu Khan, Muslim, aged about 60 years 60 Door No.2-8-58, Satram Street, Ahobilam Road, Allagadda, Nandyala District-518 543, Andhra Pradesh.
8. The Sub-Registrar, AIIagadda, Nandyala District Andhra Pradesh.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the-` circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 05.02.2024, to which date the case stands posted for hearing.
The Court made the following.I ORDER Notice before admissl-on.
Learned Government Pleader for Revenue takes notice on behalf of respondent Mos.1, 2, 4 and 5.I-
Learned Government PI6ader for Home takes notice on behalf of respondent Nos.3 and 6.
Learned Government Pleader for Revenue takes notice on behalf of respondent No.8.
Learned counsel for respondents sought time for gettl-ng instructions.
At his request, for getting instructions, post the matter on 05.02.2024 in the motion list.
_---A ll_--- ----
:\ ±3S¥l.k_:TA+A DEPUiv-R nEb..i+I.-i,.:. TA iRAo lS TEAR AS /ITRUE COPY// SEcTloN ForAS_._ --`_ O FFJC ER To,
1. The Princl|paI Secretary, Revenue Department, State ofAndhra Pradesh, A.P. Secretariat, velagapudj, Amaravathi, Guntur District.
2. The District Collector, Nandyala District, Andhra Pradesh.
3. The Superintendent of polI'Ce, Nandyala District, Andhra Pradesh.
4. The Revenue DI-ViSiOnaI Officer (Sub-Collector), Nandyala, Nandyala DistrI'Ct, Andhra Pradesh.
5. The Tahsildar, Chagalamarri Mandal, Nandyala DistrictAndhra Pradesh.
6. The Sub-Inspector of poll-ce, chagalamarri, chagalamarri MandaI, Nandyala District Andhra Pradesh.
7. Mulla Khal'run Bee, W/o Late. Mulla Lalu Khan, Muslim, aged about 60 years 60 Door No.2-8-58, Satram Street, AhobI'lam Road, AIlagadda, Nandyala District-518 543, Andhra Pradesh.
8. The Sub-Registrar, AIlagadda, Nandyala District Andhra pradesh.(Addressees 1 to 8 by RPAD- along with a copy of petitl-on and Affl-davit)
9. One CC to SRI SUREPAL_LI MADHAVA RAO Advocate [OPUC] 10iouT]Two CCs to GP FOR'REVENUE, High Court ofAndhra Pradesh.
ll -[ouT]Two cos to GP FOR HOME, High Coun of Andhra Pradesh
12. One spare copy PSR HIGH COURT RC,J DATED :29/01 /2024 NOTE: POST THE MATTER ON 05.02.2024 lN THE MOTION LIST NOTICE BEFORE ADMISSION WP.No.1816 of 2024 ;€S; \+AfriJ `£aTh€*~*!=¥<`qfa*;7: , 3 i +ffi 20Z4 1iLFEH E] *J/ S_,p HI t.F#F!.f4 RE'i..I,I:_ .-/'--.