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2025 DAILYLAW 12810 (AP)

M/s Matmshri Cooperative House Building Society Limited v. THE STATE OF ANDHRA PRADESH

WP/7784/2025 · 2025-03-25

Venkateswarlu Nimmagadda

body2025

Judgment text

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::1:: APHC010152022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7784/2025 Between: Matrushri Cooperative House Building ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1. Thota Dharmendra Counsel for the Respondent: 1. GP FOR REVENUE The Court made the following ORDER: The Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner for the following relief: “… to issue a writ or order of direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos. 3 to 5 interfering the petitioner society possession of the land without following possession of land and without considering the stay petition in appeal dated 01.12.2023 pending before the 2nd respondent as highly illegal, arbitrary, unjust and void and to pass ::2:: such other order or orders as it deems fit AND proper in the circumstances of the case...” 2. The learned counsel for the petitioner submits that the petitioner herein filed a statutory appeal before the 2nd respondent, i.e., the Commissioner, Survey, Settlement and Land Records, on 01.12.2023 under Section 7 of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, challenging the order passed by the 4th respondent dated 16.10.2023. Along with the appeal, the petitioner also filed an interlocutory application on 01.12.2023 seeking suspension of the impugned order dated 16.10.2023 passed by the 4th respondent. However, despite the statutory appeal and interlocutory application filed before the 2nd respondent more than two years ago, the 2nd respondent, being the appellate authority, has not exercised its jurisdiction to dispose of the interlocutory application (I.A.). In the meantime, the respondent authorities are interfering with the peaceful possession and enjoyment of the petitioner’s land without following due process of law. Hence, the present Writ Petition. 3. On the other hand, learned Government Pleader for Revenue, submits that, since the appeal is pending before the 2nd respondent along with the I.A. challenging the impugned proceedings of the Joint Collector Cum Settlement Officer, Visakhapatnam under the Andhra Pradesh (AA) Estates (Abolition & ::3:: Conversion into Ryotwari) Act, 1948 vide dated 16.10.2023, once the I.A. is pending, for immediate relief, the appellate authority being the quasi-judicial authority, shall proceed and consider the I.A., if any, in accordance with law. 4. Heard learned counsel for the petitioner, learned Government Pleader for Revenue appearing for the respondents. 5. Having considered the submissions made by learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents and on perusal of the material available on record, this Court deems it appropriate to dispose of the present Writ Petition, directing the 2nd respondent herein not to create any 3rd party interests in respect of the subject property and to consider and dispose of the I.A. filed by the petitioner, dated 01.12.2023 within a period of six (06) weeks from the date of receipt of a copy of this order. In the meantime, status-quo obtaining as on today in respect of the subject property shall be maintained by all the parties concerned. Accordingly, the Writ Petition disposed of. There shall be no order as to costs. Consequently, interlocutory applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA,J ::4:: Dt: 25.03.2025 klk 237 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7784 of 2025 25.03.2025 klk