Andhra Pradesh High Court - Amravati
Sampara Durga Srinivasa Rao vs The State Of Andhra Pradesh, on 8 March, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI , MONDAY, THE EIGHTH DAY OF MARCH, Af TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 42196 OF 2015 Between: Sri Sampara Durga Srinivasa Rao, S/o. Tatabbai Aged about 50 yrs, Occ: - Practising Advocate R/o 10-3-25, Mallikarjunapeta, Vijayawada-l, Krishna District Petitioner AND 1. The State of Andhra Pradesh, Department of Municipal Administration Rep. by its Principal Secretary A.P. Secretariat building, Hyderabad. . The Commissioner, Capital Region Development Authority Lenin Center, Governor pet Vijayawada-ll, Krishna District The District Collector, Guntur District, Guntur The Deputy Collector/ Competent Authority, (Land Pooling Scheme) C R D A, Unit No.9, Penumaka village Tadepalli Mandal, Guntur District The Tahsildar, Tadepalli Mandal Tadepalli, Guntur District. The Village Revenue Officer/Administrative Officer, Penumaka village, Tadepalli Mandal Guntur District On FW N 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 more particularly one in the nature of writ of Mandamus by declaring the action of 5th respondent/Tahsildar, Tadepalli Mandal, Guntur District removing the name of the petitioner from the relevant column of the 10(1) account of the village without notice and opportunity as arbitrary, illegal and unconstitutional and also declare that the inaction of the 5th respondent/Tahsildar, Tadepalli Mandal, Guntur District in maintaining/updating/restoring the name of the petitioner in 10(1) account of the village as far as the petition schedule land of the petitioner is concerned and further direct the 5th respondert/Tahsildar, Tadepalli, Guntur District to update/maintain the 10(1) of Penumaka village of Tadepalli Mandal, Guntur District by restoring the name of the petitioner for the petition schedule land The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and Order of the High Court dated 24-02-2021 made herein and upon hearing the arguments of Sri Y. Subrahmanyam, Advocate for the Petitioner and Asst. GP for Revenue for the Respondents No.1, 5 & 6 and the Court made the following. ORDER
"Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
The grievance of the petitioner in the present writ petition is that the name of the petitioner was removed by the 5" respondent from the relevant column of 10(1) Account, without his notice, as illegal, arbitrary etc., and for a consequential direction to restore the name of the petitioner in the said account. The matter was filed in the year 2015 and pursuant to the earlier order of this Court dated 24.02.2021, a counter dated 07.03.2021 was filed to the effect that a detailed enquiry will be conducted by issuing notices to the concerned parties and the petitioner's name will be mutated thereafter in the relevant revenue records and four months time is required for completing the entire process. Considering the averments made in the counter affidavit, this Court deems it appropriate only to grant two months time to the 5th respondent, more particularly in view of the fact that the petitioner's grievance relates back to the year 2015 and more than six years have gone by now. . List on 10.05.2021, for filing compliance report before this Court regarding the action taken by the 5th respondent." | ' | | Sd/-E.KameswaraRao | ASSISTANT ips SECTION OFFICER To, a
1. The Principal Secretary, Department of Municipal Administration, State of Andhra | Pradesh, A.P. Secretariat building, Hyderabad. (by RPAD).
2. The Commissioner, Capital Region Development Authority Lenin Center, ITTRUE COPY// Governor pet Vijayawada-ll, Krishna District (by RPAD)
3. The District Collector, Guntur District, Guntur (by RPAD)
4. The Deputy Collector/ Competent Authority, (Land Pooling Scheme) C R D A, Unit No.9, Penumaka village Tadepalli Mandal, Guntur District (by RPAD)
5. The Tahsildar, Tadepalli Mandal Tadepalli, Guntur District (by RPAD)
6. The Village Revenue Officer/Administrative Officer, Penumaka village, Tadepalli Mandal Guntur District (by RPAD)
7. One CC to Sri Y Subrahmanyam, Advocate [OPUC]
8. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT]
9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
10.One spare copy SP
4. HIGH COURT NJSJ DATED: 08/03/2021 NOTE : List on 10.05.2021 ORDER WP.NO.42196 OF 2015 DIRECTION SA ce Sees PATON"