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2025 DAILYLAW 10317 (AP)

Inuganti Madana Ram Mohan Rao, v. The State of Andhra Pradesh,

WA/279/2025 · 2025-06-24

A Hari Haranadha Sarma, B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Ts < APHC010116562025 / IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI W WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 279 OF 202^ n ri clause 15 of the Letters Patent preferred against the Order dt. 19.10.2024 in W.P.No. 22825 of 2024 on the file of this Hon’ble Court. Between: Inuganti Madana Ram Mohan Rao, S/o. Satyanarayana Rao, Occ- Cultivation Aged 63 Years, R/o Plot No. 102, Elite Castle Eluru Town and Mandal District. and ...Appellant/Petitioner AND I.The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue (Stamps and Registration) Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Registrar, Eluru, Eluru District. 3. The Sub Registrar, Vatiuru, Eluru District. 4. The SubDivisional Police Officer, Eluru Sub Division, Eluru, Eluru District. (Formerly West Godavari District). 5. Mula Nagi Reddy, S/o. Konda Reddy, Aged 58 years, Occ; Business, R/o. D.No.24-4-7/2, GTC Road, Manchineela Thota District. (Formerly West Godavari District). to Government, Department, Pathebada, Eluru, Eluru ...Respondents lA NO: 2 OF 2025 I 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 operation of Order dt. 19.10.2024 passed in W.P.No.22825 of 2024 and consequently direct the Respondents to remove the petitioner’s property of Ac. 0.48 cents in R.S No. 57/1A of Dondapadu Revenue Village In Pedavegi Mandal of Eluru District, Erstwhile West Godavari District, from the prohibited list of properties for registration being maintained by 3^'^ Respondent by allowing registration of any documents of conveyance if executed and presented by me, pending disposal of the main Writ Appeal. Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 4 : GP FOR REGISTRATION AND STAMPS Counsel for the Respondent No.5 : NONE APPEARED The Court made the following order: % APHC010116562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] 0^ WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 279/2025 Between: Inuganti Madana Ram Mohan Rao, ...APPELLANT AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Appellant: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following Judgment: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned counsel for the appellant and the learned Assistant Government Pleader for the respondent Nos.1 to 4. The 5*^ respondent was also not served in the writ petition as it was disposed of at the admission stage. The question of notice at this stage does not arise while disposing of this writ appeal. 2. appellant filed W.P.No.22825 of 2024 questioning the proceedings of the 4''^ respondent dated 07.05.2021 addressed to the 3'^'^ respondent and the consequential action of the 3^^ respondent thereby including the appellant’s/ petitioner’s vacant site property in an extent of Ac.0.48 cents in R.S.N0.57/1A of Dondapadu Revenue Village of Pedavegi Mandal, Eluru District (West Godavari District) in prohibited list for registration. When the writ petition was listed before the learned Single Judge for admission, with the instructions of the learned Assistant Government Pleader for the respondents, it was disposed of without going into the merits of the writ petition giving liberty to the writ petitioner to take appropriate steps in accordance with law. The learned Single Judge extracted the instructions portion in the above said order of the writ petition which is the replica of the impugned proceedings as submitted by the learned Assistant Government Pleader for the respondents at that stage. 3. The The learned counsel for the appellant contends that even if the petitioner approaches to the authorities concerned with the above said order of the learned Single Judge, again the impugned proceedings of the respondents are being put against the petitioner to deny the order in the writ petition. Had the respondents filed counter and the matter is decided on merits, the petitioner would have got the opportunity to assail the impugned proceedings of the respondents in detail both on facts and law. As it was dismissed at the admission stage with the above said observation, the petitioner is still suffering with an irreparable loss and hardship. 4. 3 % Both the learned counsels consented for remanding the matter to the learned Single Judge to consider the writ petition afresh on merits. 5. In view of the above said facts and circumstances, the order of the learned Single Judge in W.P.No.22825 of 2024 is set aside by making an observation to the effect that the learned Single Judge can proceed with the writ petition on merits after giving due opportunity to the respondents to file the counter. It is needless to mention that the 5*^ respondent shall also be served by taking necessary steps. Both the learned counsels can make a request for early disposal of the writ petition before the learned Single Judge. 6. 7, Accordingly, the writ appeal is disposed of. No order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// 'section officer To, 1.The Principal Secretary to Government, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 2. The District Registrar, Eluru, Eluru District. 3. The Sub Registrar, Vatiuru, Eluru District. 4. The Sub Divisional Police Officer, Eluru Sub Division, Eluru, Eluru District (Formerly West Godavari District). 6. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 7. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Cnr HIGH COURT DATED:25/06/2025 ORDER WA NO. 279 OF 2025 X 1 ^ Jill 7025 O^ Curreni Section / <o DISPOSING OF THE WRIT APPEAL WITHOUT COSTS