Andhra Pradesh High Court - Amravati
The Bezwada Bar Association, vs The State Of Andhra Pradesh, on 7 February, 2024
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH OAY OF FEBRUARY BW THOUSAND AND TWENTY FOUR 'PRESENT: THE HONOURABLE SRI DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WP IPIL) Nos: 245 216 OF 9023 WP No 33783 of 2023, WEIFILIWes.2 & 3 of 2024 and WP Nos 33 & 33 of 2004 W.PUPIL) NO: 215 OF 2023 Between: The District Bar Association Kurnool, (Regd. No. T2AGE4), District Courts Compound, Kurnool - 548 &o4 (AP Rep. by Ns General Secretary MOM. Chakrapani, S/o VaddeAdhenna, Aged about 48 years, Goo. Advocate, R/o.3-171, Temple Street, Husainapuram Vilage, Orvakal Mandal, Kumpo! District, Andhra Pradesh oo - «= 578) G1D. ss Mebile No. 9447300262, Email [0 chakrapartimya@igmailcam. Aadhar No. 782260941587, PAN Cand Ne. AALAT26174, Bank Avec No. iG49S 702587 of SEY Bank, Court Complex Sranch, Kurnoal [Netriel, AP. bps BN Petitioner AND } The State of Andhra Pradesh, Rep. by ts Ohief Secretary, Secretariat Sulding Valagapudi, Amaravathi, Andhra Pradesh 2. The State of Andhra Pradesh, Rep. by its Secretary to the Government, Depariment of Legal and Lagisiative Affairs and Justice, Law Gepartment, Yelagapudi, Amaravathi, Andhra Pradesh. . Respondents Patilion under Article 236 of the Constitution of India is Hed praying that in the circumstances stated in the affidavit fled herein. the righ Court may be pleased te issue a Wri, Order or direction mere particularly one in the nature of 'Writ of Mandamus' challenging the Sections 16, 13, 44, 1S, 25, 34. 46 of The Andhres Pradesh Land Tiling Act, 2022 (Act No. 27/2023), which is Hegal, arhitrary and alse viddation of the Articles 21, 248, 400-A of the Constitution of india and asso against the Provisions of the Indian Succession Act, 1925 and also ayainst the guidelines of the Hon'hle Supreme Court, thereby all the Provisions referred above are liable io be declared as Unconstitutional, void ab-inifie and Ulra-viras and cansequenty set aside the same, IN THE HIGH GOURT OF ANDHRA PRADESH AT AMARAYVAT) {Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY GF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT: THE HONOURABLE SRI DNIRAJS SINGH THARUR, CHIEF JUSTIC GE AND THE HONOURABLE SRI JUSTICE R RAGHUNANDANS RAO WLP UPIL) Nos: 215, 216 OF 2023. WP No 3376S of 2023, WPIPILINos.2 & 3 of 2028 and WP Nos 22 & 23 of 2a84 W.PUPIL] NO: 218 OF 2025 Sebvean Fre Oistict Bar Association &. Gampound, Kurnool - Sis om4 by its General Secretary Mr MV Chakrapani, Sfo VaddeAdhenna. Aged about 48 years, Occ. Advocate, Rfa.S-171, Ternple Straci, Husaingouram Village, Qrvakal Mandal, Kurnool Distded, Andhra Pradesh - S18 O16 Mobile No 8d47300282, Emel in. ohakrapananvem@omall com. Aadhar No. 788280041587, PAN Carn No AALAT2ZB174, Bank Afo No. UMO2FO3S87 of SRI Bank, Court Complex Branch, Kurnool! District, AP. Na. 72/7864), District Courts Ee, aa soa SHH ORE AND % The State of An ihre Pradesh, Reo. by Rs Chest Secretary, Secretariat Budding Velagap puch, Amaravalhi, Andhra Pradesh ¢. ime State of ¢ Andhva Pradesh, a. by is ® Secretary fo the Goverment, Depariment of Legal and Legisiativ s and Justices, Law Deparment, Velagapud), Arnaravathi, Andhra P radesh. can RSSRONCNES anstftulicn of India js filed praying thatin the coumstances stated in fhe affidavit fled herein, the High Gourl may be. meased to isaue a Wri, Order or direction mors "particularly ¢ ong fhe nature of Writ of Mandarnus' challenging ihe ers 40. $4. 78, 26, a4, 46 of The Andhra Pradesh Land Titing Act, 2 (Act No 2r2deS), which is 3 Hlegal, arbilrary are also violation of the Articles 24. 248 3 ru sngthution of India and also against the Provisions of the Indian Succession Aci, 1985 and also against the guidelines of the Hon'ble Supreme Court, Hereby all the Mrovisions referred above are fable fo be declared as Unconstitutional, void ah-initio and UlNra-vires and consequeniy sef aside the same. Petition under Articie 238 of 8 ie IA NO: 1 OF 2023 Fetition under Section 144 CPO is Hed praying that in the circumstances stated in the affidavit Hled in sumpart of the writ petition, the High Court may be Dleased fo suspend the impiementatian of Sections 19, 13, 14, 15, 25, 34, 48 of The Andhra Pradesh Land Titling Act, 2022 (Aci No.27/8083), pending dissasal of WPIRIL) No.215 of 2023, on the file of the Migh Court, The Petition Coming on for hearing, upon nerusing the Petition and the affidavit fled in support thereof and the aarier Order of the righ Court dated.03.04.2024, made herein and upon hearing the arguments of Sri Balai Advocate for the Petitioner and of S. Sriram, ieamed Advocate General, far Respondent Nog. WP APIL) NO: 216 OF 2623 Rehvean: Al india Lawyers Union (AILU), Andhra Pradesh State Committee. Rep. by is President Sri Sunkara Rajendra Prasad, Sfo.Ramakotgiah, aged about 66 years, Rio.D. No. 33-1424, Kadiyala Vari Street, Seetarama Viiayawada Urban, Krishna District - 920 002. Aadhar card Number 499740267525 Pan Card No ANTPS28790 Bank Account State Bank of india Civil Court Viayawada Branch,-A20002 Account No. 52112618345 Phone No S848127375 Mail iD ap. adv@amail com veuees Petitioner AND 1. The State of Andhra Pradesh, Rep. by ts Chief Secretary, Secretariat Buildings, Velagapudi Village, Thullur Mandal, Guntur Disticl, Arnaravati, Andhra Pradesh é. The State of Andhra Pradesh, ren. by Hs Special Chief Secretary to Government, Revenue Cepariment, Secrefariat Sulldings, Velagapudi Village, Thullur Mandal, Guntur District, Amaravati, Andhra Pradesh 3. The Sigte of Andhra Pradesh, represented by Principal Secretary General Administration Department, Secretariat, Velagapud) Vilage, Thuflur Mandal, Guntur District, Amaravatl, Andhra Pradesh 4. The Seoretary to Government of Andhra Fredesh, Legal and Legislative Affairs and Justice, Law Department Secretariat, Velagapudl Vilage, Thullur Mandal, Guntur District, Amaravatl, Andhra Pradash wow Respondents Petition under Article 226 of the Constitution of India is filed praying that in the creumstances stated in the affidavit Med herein. the High Court may be pleased to issu any order or direction more particularly one in the nature of Writ of Mandamus declaring the Andhra Pradesh Land Viding Act, 2022, (Ant No.27 of 2023), as beyond the scope of the legistative competence of the Slate, provided to it under Entries 18, 45, List ll, Schadule VU of the Constitution of India vires and vinlative of Articles 14, ei, 2468, 251, 232, 254 and SOO. ne ¥ the GOnSHHLHON ¢ 7 India and cor nullity the eect of the Andhra Pradesh Land Tiling Act, 2082, (Act Noo? NG 2 IANO: 1 OF 2023 Petition under Section 151 CPC is fled prayin ng that in the crcumstarices Stated in the affidavit Hed in support of the writ pete on, Ue High Court may be pleas sed to direct the Hon 'he Civl Coutts not fo return the Suits inveiving ihe disputes aver immovable proper & by SUEPE UHIQ 'the operation of the Andhra Pradesh Land Tiling Act, $022, (Act No.2? of 2023), pending disposal of the Wri Petition (PIL) No. 28 of 2025, on the fi fe of fhe High Court, The pefticn coming an for hearing, upon perusing the Pelion and the ig atidavil fled in. supoart mew sof and the earlier Order of the High Court dated. OS.07, 2024, made herein and upon hearing the argurnenta of Sri.N Subba Bao. learned Senior Counsel, appears for SriMadhava Rao Nallud, Advocate for the Fetitioner and of Sri S Sriram, The Advocate General for Regpanden ES. WRIT PETITION NO: 33783 QF 2023 Saiween: tT BUCRidambsram, Syo Sri Veerabh eee Rao Hindu, aged §6 years Ore Senior Advonate Rio Flat No.34, 3"Hoer, Ral Res idency, Fortune Murali Park Hotel Road, Venkaleawa arapuram, Lahbive et, VUAYAWADA . 16 NTR Distinct, Andhra Fraciesh 2. Mup palla Subba Rao, So.late Sri M.Lakshminarayana Aged 82 years, Oeo:Advocata Rio. D.No 4$22. aQik, Raj Towers Thaci Thota, Rajahmundry mast Godavari District, AP G Sudarsana Rac, SoleteG.Munneiah Nailu Aged about 55 years, a Syragineta Tirupati Urban Mandal, ed OowAdvocste Rio.D.No. 19.12.6288, Tirupati Cistrict, Andhra Pradesh Peitioners AND 1. The State of Andhra Pradesh, Re sp. by ffs Chief Secretary, AP. Secretariat, VelaganudiAmaravall, Guntur District. 2. The State of Andhra Pradesh, Rep.by #s Principal Secretary, Revenue (Landds-]} Depariment A. Secretariat, Vala agapudiAmaravati, Guntur District. 3. The State of Andhra Fradesh, Rep by Hs Principal Secretary, Legal, Legislative and Justice, Law Departnent AP. Secretarial, Velagapi ad Amaravali Guntur District, Respondents Patition under Article 229 of the Constitution of India is fled praying thafin the croumetances stated in the affidavit ic sd hee with, the High Court may be pleased to Issue @ writ, order or @ direction, more padiou! arly one in the nature of WRIT OF MANDAMUS declaring the Andhra Pr radesh Land Viling Act, 2082 (Act No 27 of 2023) @s uncerstidional bets ing viNative of Fundamental Rights Guaranteed AK der Am 14. 19, 2] and aise property rights under Arf. 300-4 of the Constitution of India besides lack of competence eS engecl such an Enactment and consequently to tenigre the Act 27/2023 as unconstitutional, iA NO: 1 OF 2023 Feliion under Section 151 CFO is fled praying that in the circumstances Sialed in the affidavit fled in Suppert of the wrt petition, the mae Court may be Disased fo grant stay of o operation of the Andhra Pradesh Land T ting Act, 2022 (Act No.2? of 2023), pending disposal of the main writ petition and sass, Panci ng disposal of WP No. 33764 of 2023. on the He of the High Court. The petition corning on for hearing, upon perusing the Petifien and the affidavit fied in suppert thereof and the earlier Grder of the High Court dated. 03.09 2024. made herein and upon hearing the argurnents of SRLG YASWANTH GADE Advocate for the Petitioner and of SS Sriram, The Advacate General for Respondents, WAPUP.LLLNG: 2 OF 2024 Between: indian Lawyers Association, Having its registered oes at 26-38-2174, 71th Lane, ACT Agraharam, Guntur ~ 922004, Represented by its President G Santha Kumar sie. GShowri Aged 59 years, Ayo 26- 27-216, Fathima Nagar. A.T Agraharam, Guntur 822004, Aadhar Card Number - 67474908 93205, Pan Card Number, AGYPG623 iD. PR 824048597 1, Email. santhakumar [email protected] a Petitioner AND 1. The State of Andhra Pradesh, Represented by its Chief Secretary, Building 14* Floor, Interim Governrnant Compl ex A.P Secretarial, Velagapudl, Guntur, Andhra Pradesh Emall [email protected] 4. The State of Andhra Pradesh, Rep. by His Secretary io Government Department of Lecal and esis lative Affgira and Justice Law Department, A.P Secretariat, Velagapus 3. The Stafe of Andhra Pradesh, Represented by Hs Princinal Sec retary, Derariment of Revenue, Sia amps and Registration, A.P Secretariat, Velagapudi, Guntur, Andhra Pradesh aoe Responenis Petition under Article 236 of the Constitution of india is Hed praying that in the circumstances staied in the affidavit Hled therawt th, the Hig gh » Court May be nle asec fo issue a writ, order or direction more particularly in the nature of a Wr Mandamus ¢ advor any other appropriate Writ(s) declaring the Andhra Pradesh Land Fiting Act, 2082 (Ant 27 of 2023) as Hlegal, arbitrary, beyond the legislative oO mpetence of the State and itt vires of Aricies 14, 21, 3004 of Constitution of india and the provisions of Limitation Aad, indian Suceession Act, 1825 and consequently to set aside the Andhra Pe radesh Land Titing Act, 2022 (Act, 27 of 2023}, iA NO 1 OF 2034 Petition under Sectian 151 CPC is fled praying that in the circumstances Stated gi the affidavit fled in sur pport of the writ petitien, the ign Court may be pleased fo suspend the provisions of the Andhra Pradesh Land Tiling Act, 2023 (Act No. 27 of 26285), pending dismosal of the Writ Petition (Pil) No.2 of 2024, on the fie ef the High Court, The petilian caming on for hearing, upon POMISIAG re Pahion and the aitidavit fied in support thereof and the earlier Order of the High Court dated, S.01.2024, made herein and upon pearing the argume nts in SRG ARUN SHOWRI G., Advocate for the Petitioner and of Sri.S. Sram, The Advocate General far Respondanis. WPUP LLONGr 3 OF 2024 Between: The Berwada Bar Assapiation, Represented by iis Secretary, dannu Sridhar, Aged about 47 years, Sfo Venkateswara Rao, Rio 39-10-37, Veterin nary Hospital Street, near Netal Bridge, Labbinets, Viieyawada (Urban), Krishna, Andhra Pracdesh- NeCD10 (PAN No. AGFEPJ4277M) Aadhar Card No. S72? S890 4188. Mobile No QTQ4402 79937 Bank Account No S218t1S8584, State Bank of Inca, City Civi Goaurt, Vdayawada Branch ... . Peiioner AND 4. ine Siate of Andhra Pradas nd Legisiatve Affairs, 4.F Sec Py 'gdesh é. The State of Andhra Pradesh, Rep. by its Principal Secretary, Oept, of Revenue, A.P Seerstaral, Velaganud!, Guntur District, Amaravathi, oa Respondents sh, Princigal Secretary, Dept, of Law } setariat, Ve a gaudi, Guriur District, Andhra ot 2 x a fa oy ed we a e % Feldion under Article 236 af tha Constitution of india is fled graying thatin the circumstances stated in the afficlavit fled therewith, the Hi igh Court may be pleagac! to fesue @ Wri, Order or [Nrectic mn, Mars part iqularly ane in the nature oF & Writ of Mandarnus declaring the Andhra Pradesh Land THh ing Act, 2022 (Pubtishad in AP Gazefte on 17.10.2025} prom gated' Jegisiatad by the Respo andarnt No.d and Orauegnt into operat jon vide GO Ms No.8 : Rey, Ol Lands. Gapt, dated OF. 11.2088 issued by the Respandarnt No. 3 as being Hiegal, arbitrary, iis vires, and in violation "f OS of Articles 14, ISE1Ng), SOGA of Gonsttutio TP of india and Conseque arly set asids the Andhra Pradesh Land Tiling Act, 2024 (Fs red in AP Gazatie on TY 38. 2023} and 3.0.Ms.No.512, Rev. iLands- 4} Dapt, c dated OL 91.2028 Issued by the Respondents Herein, iA NG: 1 OF 2024 Petition under Section 157 OF js fled praying thet in the clrournstances siated in the affidavit fled in support of the writ petition, the High Court may be Heased fo susp vend Re operation of G.O.MeNoS12, Rev. (ands-) Dent. OT.71.208S ipsued by Ras pond ent Nos, pen yang disposal of the WPRIPIL) NaS of 2028, on the fle of th : i& NG: 2 OF 2028 Petition under Seotian 184 CPC s . led praying that in the circumstances Stated in the affidavit fled in support of the writ petition, the Migh Count may be pleased to suspend the operation of G.O.Ms N 29.12.2085 issued ny Responden mt No cS, pandi ng , an the fle of the High Court, 2024, aff 830, nevenne {Lands-l}, dated isposal of tha WPYPIL) No.3 of The petition coming on for hearing, upon perusi ng ine Petition and the favit fled in "support t thereof and the earlier Order of the High Court datec 03.07.2024, made herein and upon hearing the argument is af SREN ASHWANI KUMAR Advocate for the Petitioner and of SriS.SA ram, The Advocate Genera! for Resrandents. WRIT PETITION NO: 22 OF 2024 Behween: 3. P3 oo 'D a CBS 1D Gaddam Rajeswara Rao, Slo Madhusudhana Rao, Aged 58 years, nee Goo Advocate, Member of the Berawacda Bar Association, Ex- Addl PP, President of AP. State Public Prosecutors Welfare Association, Rio. Sth Flo K.P. Highis. Indira Nayak Nagar, Muay sawada Town, Pin- 520018 NTR Disinet (Present), (Old Krishna District), ALP. Magulurl Hari Babu, Sfo Krishna Rao, 'Aged 8S years. Hindu, Occ Advocate, Mamber of AP High Court Gar Association, R/o.D No. T-24/8, Hussain Neger Near Anjaneya Swamy Temple Gurtur Town and Distrio! Pin-822402, A Paruchurl Babli, Sfo Arjaneyulu, foes 5a years, Hindu, Occ. Advocate, Member of Bar Association, Ongole, Ryo.Flat No. Ul Gupthas Lake View Apartment, Kothapet, Ongole Town, Pin. 23001, Prakasam District, AP. Yerramseily Malathi, Wo Janakiram, Aged S6 years, Hindu, GocAdvacate, Member of Macanapatle Bar Association, Ex. Addi PLP. RYo D.No. 1-543-E, Aminani Street, Medanapalle Town, Pin- 512735, (Old Ghittoor District, Annmaiah District (Present, ALP. Mallidi. Krishnaiah Naidu, Sfo Rangaiah Naidu, Aged G2 years, Hindu, Dco:Advucate, Mamber of Chittoor Bar Association. Rio.D.No. 2a-Zasitt, Mango Market Backside, Lawyers Colony, Kattamanchi, Chittoor Town, Fin ipa nrittoor istrict, ALP. Lingala Vasudeva Reddy, S/o Narasimha Reddy, Aged 80 years, Hindu, QOecAdvacate, Member of Bar Association, Kadir, Ex- Addl, P. PL R¥o.D No, 4400-2, Saraswathi Nagar, near Saraswathi \ vidya Mandir, Hinduour Road, Kadi Town, (Old Ananthapur District), Pin-5485917, Sn Sathya Sal Cystrict, AP, Shaik Rafi Malik, Sfo Sabian, naeds SY years, Muslim, Occ Advocate, Membe of Nellore Sar Association, Ex. Addl, BP Ro.O.No, 23-1- G43, Rey mesh Reddy Nagar, Nellore Town, SPSR Natlore ENstict, Fin- V2.4 008, AF Sree Ram Rajleey Anand, Sfo Jaya Rao, Aged-S? years, Hindu, Occ- Advocate, Member of Guntur Bar Assaciafion, Ex. PUP, Rio DLNe. 26-7-105, NegeramPaiem, Beside K.K.R, Function Plaza, Near Catlecturata, Guntur Yawn 868 ENstrot, Fin-522004, AP. Ratla Kalidas, 8. Sfo Brahma Naidu, . \ged S8 years, Hindu, Qcco-Advacaie, Member of Guntur Bar Association, "Ex. Adal BLP. Ryo.D.No 2. G0-5-7 80, Venkata Krishna Apartment, 8/18 Brocipet, Guntur Town 86 (istrict, Pine -ParavadaSimhachglam Naidu, Sfo Demudu Naidu, Aged 56 yeas. Hind, OcaAdvocate, Member of Visakh lapaingm Bar Association, Ex, PP Rio.D.Na, 147/5, Flat No. G F.4, V4 Jaya Prasanthi Paradise, CI Calory, Rainagi HE calany, Qnp. Or. Re ama Rao, POM Palem, Ward-4, GYM Vigakhapatnam Surat 8&6 District, Pin-S3d0a9, ALP. Ti Vennela Eswara Ran, S/o Vennola "Tata, Agec-Oi years, Hindu, Oca Advocate, Member of Gajuwaka Bar Association, Ex. Addl. BB Rio.B.No. 6-80-25, Sa Sai Niayam, Behind Gaiuwaka Police : Station, Near Sai Baba Temple, Dalla Sai Nagar, Gsiuwaka, Vizag-36, Vigakhapainam District, ALP. Ramgalll Babitha, Wro Prathan Member of Kadapa Rar Asso ; Opposite A.P.S.ROC, Bus Stand, Kadaps Tawn, Fin. 5 Ciatrict, AP. i3.Bethua Rama Kotaiah, So.Adinarayana, Aged 49 Years. Hindu. ScoAdvocata, Member of Bar Association, Addanki, Réo fLNa. 3-69, Pullavarigaiem Vitec natmagulurly Mandal, ahi Prakasam District}, Bapatia [istrict/PresanthS2sao3, AP idjnabathina Subba Rao, 14 Sfo.Lakshmaiah Aged S8 Years Hired, QecAdvarate, Mamber of Bar Assacialion, Ongel @, Rio. B. No. "24-4 149, Gaddaigguniapaiam, C OGngole Town, Prakasam District 823004, AP. 15. Sayimpu Venkata Malikhariuna Rao, S'o Rama Chancraish. Aged ao Years, Hirelu QecouAdvacatea, Member of Bar Assoc ton, Gnaole, Rye lat Noa. TO, 2 floor, BR Residency, Raiesy Nagar, Cngole Town 523001, Prekasam Distriat, ALP. UB Raddy, Aged-49 years, Hindu, Gee: Advorate, lation, Rio Flat Na. 308, Jaya Padma rowel Ss, 7 3 a 002, Y.S.R Radana oe hog FPetioners AND 1. The State of Andhra Pradesh, Rep. by ts Chief § secretary, AF Secretariat, . Velagapuci Amaravati, Guniur District, Andhra Pradesh, 2. The State of Andhra Pradesh Rerby fe Prncigal Sac cratary, Revenue iLands-!} Department 4.P. Secretariat, Velaganpud? Amaravall, Guntur District, Andhra Pradesh. The State of Angee _ Prades B, Rep by Legisiative and Justice, Law Dep ariment Amaravali Guntur (istrict, Andhs a Pradesh 4. The Stale of Andhra Pradesh, Rep. by is apecial Chief Serretary fo Government, Revenue Deparim S, necreten lat Buildings, Velagapud! Village, Thullur Manclal, Amaravati, Guntur Distriet, Andhra Pradesh. The Union of India, Ke ep. ee Pri mpl Secretary, Oepariment of Law, Justice and Legisietive Affairs ay ing, Delhi Secretarial, Players Bus iding, LP Estate, New Dethi, ose Seorstary Legal, etaal, Velagaoud Re peas Respondents Pebtion under Article 256 of the Constifutian of india ig fled praying that in fhe crouitistances stated in the affidavi Hed therewith, the High Court may be oleased iO Resue @ writ, arder or a direction, more sanicularly ane in the hewn oF WAIT OF MANDAMUS declaring the Andhra Pradesh Titling Act, 202 fAct Na 2? of ees ite é 2023) and also AP. Gavetfe Notfination ; Revenue (Lands- Ny, the ct Ope of the | egis iSlalive dL2b-12-2023 issued by the 4th Respond Syon sompetence of the State, provided to ii under Entries 18, 45. Lis 'ee Sc hadutl ube VN oof the Conetitufion of india, Wiira vires anc urconetifuflon al be ing violative of Fundarniental R one © "eras ead un inder Anicias 14, 19, 21, 248, 35 ess, 254 ¢ ane aiso property rights under Article 300-4 of the Constitution of India besides lack campetance to enact such an Enaniment and consequently to muy the effect of the Said Act and also against ta the quidelines of the Honble Supreme Court of India, without follawing the srocess of Law. as arbitrary, legal, uniust and against to principles of natural justice, consequently to set aside those proceedings and to consequently direct the Respondents not to imolanent the Andhra Pradesh Land Ting Act, 2022 (Act No.2? of 2022) and alse AP. Gazette Notification in G.O.Ms.No. 80, Revenue t(Lands-]}, dt. 39-12-2023. IANO: 1 OF 2024 Petition under Section 1871 CPC is fled praying that in the circumstanoss stated in the affidavit Med In support of the writ petition, the High Gourl may be Heased fo grant stay of operation of the Andhra Pradesh Land Titling Act, 2022 (Act No.2? of 2023) and also A.P. Gazette Notification in G.O.Ms. No. 630, Revenus {Lands- )), dt. 29-12-2023 issued by the <° Respondent, pending dissosal of the Writ Petition No.22 of 2024. on the file of the High Court, iA NO: 2 OF 2624 Patiion under Section 154 CPC is filed praying that in the circummtances sigied in the affidavit fled in support of the writ petition, the High Court may be pleased to direct the Learned Civil Courts below not fo refurn the Suits invelving the dispules over immovable properties, to reosive and number the suis ag per procedural law, by suspending the operation of the Andhra Pradesh Land Tithing Act, abe (Act No.2? af 2023), pending disposal of the Writ Petifion No.22 of 2024, on the Ne of the High Court. The petition coming on for hearing, upon perusing the Petition and the afidavit Hed in support thereof and the earlier Order of the Moh Court dated. U3. 2024, made herein and upon hearing the argurnenis of SRLS SIVA RAMA KRISHNA PRASAD and of Sr.S.Sriram, The Advocate General for Respondent Nos. 1 to 4 and Deputy Solicitar General for Respondent No.5. WRIT PETITION NO: 23 OF 20234 Between: 1. The Narasaracpet Bar Assaciation, (Regd. No.88/86), Cour Complex, Narasaraopet Town, Pin-522601, Painadu District (Praesent) (Old Guntur District), AP. Ren. by its Secrefary, Abburl Yedukondalu, Sfo Peraiah, Aged 4? years, Hindu, Gcc- Advocate, Ric. O.No. 4-488, Ramaalayam Bazar, Gundepalli Vilage, jpur Mandal, Pin-S22658, Painadu District (Present), (Old Guntur District, AP, The Sar Association, Gurazaia, (Regd. No. 189/90), Court Complex, Gurazais Town, Pin-S22415, Painadu Chetrict (Present) (Old Guntur District}, AP. Rep by its General Secretary, Kota Srinivasa Raa, Slo Ranga Raa, Aged 42 years, Hindu, Oce- Advocate, Ryo Flat No. 499. 4° floor, Sal Nivas Apartments, Gurazala Town & Mandal Pin-Se2418, Painadu District {Present}, (Old Guntur District, AP. The Bar Association, Addanki, Court Complex, Addanki Town, Fin-S23204, Sapaila District (Frasent}, (Old Prakasarn Distr ch, ALP, Rep. by its President, Murakonda Chandra Sekhar, S/o. VeeraRaghavalah, Aged 51 years, Hindu, x Sas EN Goc- Advocate, Rio. D. No. 7-934, Chakall Palem, Addanki Town and, Mendal Bapatia Cnsirict (Present), (Nd Prakasam Distr CY, ALP. Petitioners AND The State of Andhra Pradesh, Rep. by jis Chief Secretary, AP Secretarial, Velagapud! Amaravati, Guntur Distr ot, one Pradesh. The Stete of Andhra Pradesh, Rep. by iis Principal secretary Revenue (Lands- Denariment AP. Secretariat, Velagapud Amaravall, Guntur District, Andhra Pradesh. 3. The State of Andhra Pradesh, Rep by is Principal Secretary Legsl, Legisiatve and Jusfice, Law Oenartrnent AP. Secretariat, Velagagy i, Armeravatl Guntur District, Andhra Sractesh. #4. The State of Andhra Pradesh, Rep. oy us Special Chief Secretary to Government, Revenue Department, Secretariat Buildings, Velagapudl Vilage, Yhulity Mandal, Amaravati, Guntur Dist ric » Andhra Pradesh. S. The Union of india, Rep. by Prdneipal Secretary, Department of Law, Justice and Legislative Affgirs, 8" Level, C-Wing, "Del hi Secretariat, Players Build ing. LF Estate, New Dethi, 770002. fs Respondents Petition under Anticia 226 of the Constitution of India is filed praying that in the Cire cumstances Slated in the aff Havit fed therewith, the H igh Court may be sleased ip issue a wri, order ar a direction, more particularly one in the neture 'of WRIT MANDAMUS ie claring the Andhra Pradesh Land Titing Act 2022 (Act Ne. 2? 1 2023) and also AP. Garatte Not cahon im Gu Ms. No. G30, Revenue fLands-)), dh.28-12-2023 issued by the 4° Respondent as beyond Q the scope of the fagis sitive somipefence of the Slate, presided to § under enue' 48, $5, List H. Schedude Vii of fhe Constitution of india, Litre vires and unconstiution al being volatve of rundamental Rights Guaranteed under Aricles i. 19. 21, 348, S51, 252, 354 ane aisc gropery nights under 4 Article ¢ 300- A of the Constitution of India bee idea lack o compelence fo enact such an Enactment and consequently to nulllly the effect of the said Act and also against | fo the guidelines of the Hor'ble Supreme Court of indis, without following the process of Law, as arbitrary, Hegal, u uyust anc against to mrincipies of natural justice, con wsaquaeniiy in set aside 2 those orocesdings and to consequent! y " rent the Respondents not fo immlemvent the Andhra Pracash ane Tiling Act S082 (Act No.2? of ve and aisc AP. Garetie Notification in &.O.Ms. Noa 8 530, Revenue (Lands- 8-12-2023 t Peres, % ween, ead * y dinky vete + f re i& NOo 1 OF 2624 Patiion under Section 151 CPC is fled pra Slated in the aficavil Fded in support af the writ p g meased to grant stay of operation of the Andhra Pradesh Land 7 fing Act, 2022 {4 Noe? of a) and aso AP Gazette Noffication in GO MMs. 'No S20, Reve nue {Lands- 1}, di. 29-12-2083 Is issued by the 4"'Ressondent, pending disnnssl of the main Vn Petition 'No. 2 23 of 2024, on the Me of the High Court, ying that in the circumstances oxstif on, the / gh Court may be IA NO: 2 OF 2024 Petition under Section 187 CPC is Med praying that in the circumstances stafed in the affidavit filect In oupoer of the writ petition, the High Court may be Hlaased fo direct the Learned Civil Courts below not to return the Suits involving the ci ispules over immovable properties, to receive and number the suils as per procedural law, by Suspend ng the operation of the Andhra Pradesh Land TiHtting Act 2022 GAct No.2? of 2023), pending disposal of ihe Writ Petition No.23 of 2024, on whe fe of the High Court, The petition coming on for hearing, UPON | perusing the Pekhon and the atidavit Hed in support thereof and the sarier Order of fhe High Court dated, 3,07 2024, made her ein and upon hearing the arguments of SRLS. SIVA RAMA KRISHNA PRASAD ami of SiS.Saram, The Advocate General for Respondent Nas.? fo 4 and Deputy Solicitor General for Respondent No.8, the Court made the following = ORDER:
Mr. &. Chidambaram, learned Senior Counsel, Mr. ¥Y. Bais, Mr. G. Yaawanth, Mr. G. Arun Showrl, Mr. $.5. Rarna Krishna Prasad, learned counsel, appear for the petitioners. Learned Government Pleader for GAD appears for the respondents ~ State.
Heard learned counsel for the parties. Counter-affidavill has not bean fled. Learned counsel for the respondents pray for granting four weeks' time for fling counter-affidavit. Learned counsel for the petitioners stated that notwithstanding the fact that a statement had been made by the learned Advocate General on 63.04, 2024 that the machinery provisions of the Land THing Act have nat yet come into oneratian, yet an apprehension iS expressed that there was every possiblity that the impugned Act would be implemented in the interregnum and before the next date of hearing Axed by the Court. Learmed counsel for the respondents, on the other hand, stated that the apprehension expressed by the petiianers was without any basis and according to their instructions, the stakehoiders would be consulted before implementing the provisions of the Mmpugqned Act, which, it was stated, was ar future, not happening anywhere in then Se that as H may, mW case the raspondents take any steps towards implementation of the provisions of the impugned Act, if would be open to the petitioners to approach this Court in those circumstances. List on 86.03 2024.
interim order granied earlier sha 3 i continue to operate TH the naxt date of hearing, Sc-P VENKATA RAMANA JCHNT REGISTRAR ATRUE COPYN fhe 8S SECTION OFFICER coed & One OO te SREM RACHA 8KR PAVARTRY, Advacaie fOPUC Two CCs to GP for Stars Ragisiation High Court of "Anetra Pradesh. fOUT] Two OCs to GP for Rew Two COs fe GP For bi i Law, % wo O » Gourt of Andhra a Pradesh. HOUT) af Andhra Pradesh. (OUT) Two C&s t £ igh Court of Andhra Pradesh [QUT] One Cl to Sr ¥. Ba 13) H wAdwoCate, SORUCD One HC to Sri Madhava Rao Nalhun, Advocate, (OPUC} One OC to or GB. Yas swanth, One GO b Y One Co to Sri SS. Rama Kris : fe, (OP LIC ne CC to Deouly Saictar General, High Court of AP YOPU C3 _ Tw Spare COMES reed) " a Ae S eA SVE FOSS ii 2% weet is) a cB.
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a HIGH COURT HC. SRR DATED OF 02.2024, NOTE: LIST ON 06.03. 2024. GRDER WLRLURIL) Nos: 218, 278 OF 2023, WE. No 33783 of 2023, WRIPH Nos. 2 & 3 of 2024 and W.P.Nos.23 & 23 of 2024 INTERIM ORDER EXTENDED AEMONN
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