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2025 DAILYLAW 13447 (AP)

Muppalla Sunithamma, v. The State of Andhra Pradesh,

WP/8280/2025 · 2025-03-27

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8280 OF 2025 Between: Muppalla Sunithamma, W/o. Sitarami Reddy, Aged 66 Years, Occ: Agriculture, Residing at H.No.6-8-5, Agraharpet, L.A. Sagaram, Naidupet Mandal, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. The Chief Commissioner of Land Administration, Office at APIIC Bhavan, Mangalagiri, Guntur District, Amaravati. The District Collector, Tirupati District at Tirupati. The Joint Collector and Addl. District Magistrate, Tirupati District at Tirupati. The Revenue Divisional Officer, Sullurpet Division at Sullurpet, Tirupati District. The Tahsildar, Naidupet Mandal, Tirupati District. / 2. 3. 4. 5. 6. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Order dated 17.10.2024 passed in Rc.No.El/381/2023 issued by the Joint Collector and Additional District Magistrate / 4th respondent herein as illegal, arbitrary and out of jurisdiction and also against the judgment and decree dated 02.11.2011 in OS No.37 of 2004 and consequently set-aside the same. r lA NO: 1 OF 2025 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 the proceedings in Rc.No.El/381/2023 dated 17.10.2024 passed by the Joint Collector / the respondent herein, pending disposal of the appeal before the 2'^^ respondent. Counsel for the Petitioner: SRI SESHADRI GOALLA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: ::1:: APHC010162062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8280/2025 Between: Muppalla Sunithamrna, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SESHADRI GOALLA Counsel for the Respondent(S): 1.GPFOR REVENUE I 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8280 of 2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Order dated 17.10.2024 passed in Rc.No.El/381/2023 issued by the Joint Collector and Additional District Magistrate / respondent herein as illegal, arbitrary and out of jurisdiction and also against the judgment and decree dated 02.11.2011 in O.S.No.37 of 2004 and consequently set-aside the same and to pass..” Learned counsel for the Petitioners submits that aggrieved by the orders passed in Rc.No.E1/381/2023, dated 17.10.2024 by the Joint Collector / 4*^ Respondent herein, the petitioner filed W.P.No.27958/2024 before this Hon’ble Court and this Hon’ble Court was pleased to dispose of the Writ Petition directing the Joint Collector & Additional District 2. Magistrate, Tirupathi to convey a copy of the impugned order dated 17.10.2024 to the Writ Petitioner and the official respondents are directed 3 to maintain status-quo for a period of 30 days from the date on which the writ petitioner has received the original copy of the order and further observed that upon receipt of the original order may file an appeal before the Competent Authority. Further, learned counsel for the petitioner submits that the petitioner received the said original order from the Joint Collector on 27.12.2024 and preferred an appeal before the CCLA 12 nd respondent herein on 06.01.2025 along with stay petition and the same has been numbered vide Rc.No.5 of 2025 and the 2"^ respondent not yet taken the matter for hearing. Therefore, the petitioner aggrieved by the inaction of 2"'^ respondent, in considering and disposing of the Interim Application and Appeal, filed this writ petition. During hearing, learned counsel for the petitioner reiterated that the respondents are trying to take over the possession of the subject property on the ground that the order passed in WP No.27958 of 2024 is already expired, as such the respondents are at liberty to proceed further, pending lA before the CCI_A/Appellate Authority. He further submits that since th6 lA is pending for interim order, the respondents 3. cannot resort for possession contrary to the orders of this Court. Learned Assistant Government Pleader for Revenue submits that 4. the respondents have already taken over the possession of the subject 4 property pursuant to the proceedings of the Joint Collector dated 17.10.2024. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for the respondents and perused the material placed on record. 5. 6. It appears that this Court passed an order in WP Nio.27958 of 2024 as under: “6. Having regard to this finding, this Court deems it appropriate to direct the Joint Collector & Additional District Magistrate, Tirupathi District (Respondent No.3) to convey a copy of the Impugned Order dated 17.10.2024 bearing Rc.No.El/381/2023 (Ex.P.1) to the Writ Petitioner forthwith. The Official Respondents are directed to maintain Status-Quo for a period of 30 days from the date on which the Writ Petitioner has received the Original Copy of the Order. The Writ Petitioner, upon receipt of the Original Order may file an appeal before the Competent Authority. ” On a perusal of the Order, this Court specifically directed to maintain Status Quo for 30 days and directed the petitioner to prefer Appeal before Appellate Authority. Accordingly, Appeal is preferred along with Interim Application on 06.01.2025 itself. Therefore, the Interim Application is pending consideration before the Appellate Authority. As 7. 7. 5 contended by the Petitioner in view of the Orders of this Court, the respondent shall maintain Status Quo pending interim application before Appellate Authority is valid and to be considered due to balance of since the appeal itself is preferred pursuant to the direction of this Court. It is further observed that any highhanded action on the part of the respondents in the interregnum period is certainly arbitrary and contrary to principles of natural justice. convenience, nd Therefore, this Court deems it appropriate to direct the 2 respondent to dispose of the appeal, which is pending before the 2 respondent after providing opportunity of hearing to the both parties concerned within a period of three (3) months from the date of receipt of of this order. Till such time, status-quo obtaining as on today shall be maintained by all parties. 8. nd a copy With the above direction, the writ petition is disposed of. No costs. 9. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The Chief Commissioner of Land Administration, Office at APIIC Bhavan, Mangalagiri, Guntur District, Amaravati. 3. The District Collector, Tirupati District at Tirupati. 4. The Joint Collector and Addl. District Magistrate, Tirupati District at Tirupati. 5. The Revenue Divisional Officer, Sullurpet Division at Sullurpet, Tirupati District. 6. The Tahsildar, Naidupet Mandal, Tirupati District. 7. One CC to Sri Seshadri Goalla, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies RAM / ;te / h HIGH COURT DATED:27/03/2025 r^gfANDH^ 03 APR 2025 5^ current Seciion a ORDER WP.No.8280 of 2025 DISPOSING THE WP WITHOUT COSTS