Andhra Pradesh High Court - Amravati
Vedala Prabhudas vs Smt Chadalawada Ratna Prabhakar on 28 September, 2022
Author: Battu Devanand
Bench: Battu Devanand
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THE HON'BLE SRI JUSTICE BATTU DEVANAND
Tr.C.M.P.NO.249 of 2022
O R D E R:
This Transfer Civil Miscellaneous Petition has been filed to withdraw the A.T.A.No.2of 2021 from the file of the Court of X Additional District Judge, West Godavari, Narasapuram and transfer the same to any District Court preferably in Krishna District.
2) Heard Sri R. Ramanjaneyulu, learned counsel for the petitioner and perused the material available on record.
3) In compliance of the order of this Court, dated 03.08.2022, personal notice was issued to the respondent by registered post with acknowledgment due and the same was received by the respondent, for which the learned counsel for the petitioner filed Memo of proof of service vide U.S.R.No.60570 of 2022 dated 07.09.2022. In spite of service of notice, there is no appearance for the respondent. Accordingly, this Court is proceeding basing on the material available on record.
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4) The learned counsel for the petitioner submits that the petitioner is tenant and the respondent is landlord of the agricultural land to an extent of Ac.3.98 cents in RS No.318 situated at Mallavaram Pedalanka, Narsapuram Revenue Mandal, West Godavari District. The respondent herein filed ATC No.1 of 2014 on the file of the Special Officer-cum-Principal Junior Civil Judge, Narsapuram, seeking eviction of the petitioner from the scheduled land and deliver possession, which was partly allowed ordering eviction, vide order dated 29.05.2020. Aggrieved by the said order, the petitioner herein preferred an appeal on 07.01.2021 vide ATA No.2 of 2021 along with stay petition vide I.A.No.71 of 2021 and the same were pending on the file of the Court of X Additional District Judge, Narsapuram, West Godavari District.
5) The learned counsel for the petitioner further submits that the respondent herein filed E.P.No.6 of 2021 for delivery of subject property in pursuance of order dated 29.05.2020 in A.T.A.No.1of 2014. He also submits that the husband of the respondent, who worked as Special Chief 3 Secretary of the United State of Andhra Pradesh, got managed the police and got registered FIR No.150 of 2021 under Section 447 of I.P.C. even before dispossessing the petitioner from the land in question and the Tahsildar also issued notice of Form 14. He also submits that the husband of the respondent influencing the court staff also. In view of the above, it is just and necessary to transfer the ATA No.2 of 2021 from the file of the Court of X Additional District Judge, Narsapuram, West Godavari District to any District Court preferably in Krishna District.
6) Having heard the submissions of the learned counsel for the petitioner and upon perusing the material available on record and as there is no resistance from the respondent against Transfer Civil Miscellaneous Petition, this Court is of the opinion that this is a fit case to transfer the said A.T.A.No.2 of 2021 from the file of the Court of X Additional District Judge, Narasapuram to the file of the Court of Principal District Judge, Krishna District in the interest of justice.
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7) Accordingly, this Transfer Civil Miscellaneous Petition is allowed. The A.T.A.No.2 of 2021 on the file of the Court of X Additional District Judge, Narsapuram, West Godavari District is hereby withdrawn and transfers the same to the file of the Court of Principal District Judge, Krishna, Machilipatnam. The learned X Additional District Judge, Narsapuram, West Godavari District shall transmit the entire record in A.T.A.No.2 of 2021 pending on its file to the Court of the Principal District Judge, Krishna, Machilipatnam forthwith after duly indexed. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in this petition shall stand closed.
______________________ JUSTICE BATTU DEVANAND Dt.28.09.2022 MP 5 173 THE HON'BLE SRI JUSTICE BATTU DEVANAND Tr.C.M.P.NO.249 of 2022 Dated:28.09.2022 MP