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2025 DAILYLAW 26397 (AP)

SOBHA VENKATA RAMANA v. The State of Andhra Pradesh

WP/22953/2021 · 2025-03-11

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22953 OF 2021 Between: 1. Sobha Venkata Ramana, S/o, Matsya Raju, Aged about 64 Cultivation. R/o. Kasirajupeta, Hukumpeta Mandal, Visakhapatnam District, A.P. 2. Sobha Appala Raju, S/o. Matsya Raju, Aged about 61 years, Retd.Sub- Inspector of Police, Visakhapatnam District, A.P. 3. Sobha Bodi Raju, S/o. Matsya Raju, Aged about 53 years, Asst.sub- Inspector, Rio. Kasirajupeta, Hukumpeta Mandal, Visakhapatnam District, A.P. years. Rio. Kasirajupeta, Hukumpeta Mandal ...PETITIONER’S AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Social Welfare Department (F.W), Secretariat, Velagapai, Amaravathi,Gun tur District, A.P. 2. The Project Officer, integral Tribal Development Agency and Addl. Agent to Government, Paderu, Visakhapatnam District, A.P. 3. The Special Deputy Collector (T.W) (FAC), Paderu, Visakhapatnam District,A.P. 4. The Tahsildar, Hukumpeta, (V and M), Visakhapatnam District, A.P. 5. Draksharapu Kanthamna, W/o. Krishna Rao, Aged Cultivation, R/o. Matsyam (V), Hulurpeta (M), Visakhapatnam District, A.P. not known. 6. Draksharapu Mahesh, S/o. Krishna Rao, Aged not known R/o. Matsyam (V), Hukumpeta (M). Visakhapatnam District, A.P. 7. Mattam Chitti Naidu, S/o Late Peda Bodam Naidu. Aged about 68 years, Occ: cultivation « Visakhapatnam Dt., A.P. 8. Mattam Chinna Rami Naidu, Late karri Balam years, Hindu,cultivation, Visakhapatnam District, A.P. Cultivation, years Mattam Village, Hukumpeta Mandal, Naidu Aged about 64 Hukumpeta (M), Mattam village. 9. Korra Amanda Rao, S/o. Late Gopal Rao, Aged about 46 years, Hindu R/o Bandlamudi (v), Mattam Panchyat, Hukumpeta (M) Visakhapatnam District,A.P. 10. Majji Simhachalam, S/o Late Pandanna, Hindu, aged about 49 Boddapattu (v) Mattam Panchyat Visakhapatnam District,A.P Janni Appa Rao, s/o. late pandanna. Hindu, aged about 48 Boddapattu (v) Mattam Panchyat, Hukumpeta (M) Visakhapatnam District,A.P. years. Hukumpeta (M) 11. years. ...RESPONDENT’S Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2 nd respondents in adding 7 to 11 respondents, as implead parties as parties to LTR No. 419/93, in A.S. NO. 1/2017 on the file of the Addl. Agent to Govt.-Cum- Project officer, ITDA, paderu without issuing notice of hearing impleaded as bad. Illegal and arbitrary in view of principles of natural Justice and to set aside the orders impleading 3"'^ parties as respondents 3 to 7 in A.S. 1/2017 on the file of the Addl. Agent to Govt.-Cum-Project officer ITDA lA NO: 1 OF 2021 Paderu. Petition under Section 151 CPC circumstances stated in the affidavit fiied in support of the petition, the High is filed praying that in the Court may be pleased to stay all further proceedings in A.S.NO.1/2017 on the file of the Additional Agent to the Govt. - cum project officer, I.T.D.A, Paderu, pending disposal of the above writ Petition. lA NO: 1 OF 2022 Between; The Tahsildar, Hukumpeta, (V and M), Visakhapatnam District, A.P. ...PETITIONER’S AND 1. Sobha Venkata Ramana, S/o, Matsya Raju, Aged about Cultivation. R/o. Kasirajupeta, Hukumpeta Mandal District, A.P. 2. Sobha Appala Raju, S/o. Matsya Raju, Aged about 61 Inspector of Police, Visakhapatnam District, A.P. 3. Sobha Bodi Raju, S/o. Matsya Raju, Aged about 53 Inspector, Rio. Kasirajupeta, Hukumpeta Mandal, District, A.P. 64 years, Visakhapatnam years, Retd.Sub- Kasirajupeta, Hukumpeta Mandal, Rio. years, Asst.sub- Visakhapatnam ...RESPONDENTS/PETITIONERS 4. The State of Andhra Pradesh, Rep. by its Principal Secretary. Social Welfare Department (F.W), Secretariat, Velagapai, Amaravathi,Guntur District, A.P. 5. The Project Officer, integral Tribal Development Agency Agent to Government, Paderu, Visakhapatnam District, A.P. 6. The Special Deputy Collector (T.W) (FAC), Paderu, Visakhapatnam District, A.P. 7. Draksharapu Kanthamna, W/o. Cultivation, R/o. Matsyam (V), Hulurpeta (M), Visakhapatnam A.P. 8. Draksharapu Mahesh, S/o. Krishna Rao, Aged not known. Cultivation R/o. Matsyam (V), Hukumpeta (M), Visakhapatnam District and Addl. Krishna Rao, Aged not known. District, A.P. 4 9. Mattam Chitti Naidu, S/o Late Peda Bodam Naidu. Aged about 68 years, Occ. Visakhapatnam Dt., A.P. years cultivation Mattam Village, Hukumpeta Mandal, 10. Mattam Chinna Rami Naidu, Late karri Balam Naidu Aged about 64 years, Hindu,cultivation, Mattam village, Hukumpeta (M), Visakhapatnam District, A.P. Korra Amanda Rao, S/o. Late Gopal Rao, Aged about 46 years, Hindu R/o Bandlamudi (v), Mattam Panchyat, Hukumpeta (M) Visakhapatnam District,A.P. Majji Simhachalam, S/o Late Pandanna, Hindu, aged about 49 Boddapattu (v) Mattam Panchyat, Hukumpeta (M) Visakhapatnam District,A.P Janni Appa Rao, s/o. late pandanna. Hindu, aged about 48 years, Boddapattu (v) Mattam Panchyat, Hukumpeta (M) Visakhapatnam District, A.P. (Respondents 4 to 13 are not necessary party In this petition) ...RESPONDENT’S 11. 12. years. 13. Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted on 06.10.2021 in W.P.No. 22953 of 2021. Counsel for the Petitioner’s:SRI. K SUBRAHMANYAM Counsel for the Respondent No’s. 1 to 3: Mrs CH SWAPNA PRIYA AGP FOR SOCIAL WELFARE Counsel for the Respondent No.4: SRI BAGATH SINGH AGP FOR REVENUE Counsel for the Respondent No’S; 7 to lliSRI V RAMANJANEYULU The Court made the following ORDER: APHC010372942021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22953/2021 Between: 1.SOBHA VENKATA RAMANA, S/0, MATSYA RAJU, AGED ABOUT 64 YEARS, CULTIVATION. MANDAL, VISAKHAPATNAM DISTRICT, A.P. R/0. KASIRAJUPETA, HUKUMPETA 2.SOBHA APPALA RAJU, S/0. MATSYA RAJU YEARS, RETD.SUB-INSPECTOR OF POLICE, RIO. KASIRAJUPETA, HUKUMPETA MANDAL, VISAKHAPATNAM DISTRICT, A.P. AGED ABOUT 61 3.SOBHA BODI RAJU, S/0. MATSYA RAJU, AGED ABOUT 53 YEARS, ASST.SUB-INSPECTOR, RIO. KASIRAJUPETA, HUKUMPETA MANDAL, VISAKHAPATNAM DISTRICT, A.P. ...PETITIONER{S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT (F.W), SECRETARIAT, VELAGAPAI, AMARAVATHI,GUNTUR DISTRICT, A.P. 2. THE PROJECT OFFICER, INTEGRAL TRIBAL DEVELOPMENT AGENCY AND ADDL. AGENT TO GOVERNMENT, PADERU, VISAKHAPATNAM DISTRICT, A.P. 3. THE SPECIAL DEPUTY COLLECTOR T W FAC, PADERU VISAKHAPATNAM DISTRICT, A.P. 4. THE TAHSILDAR, HUKUMPETA, (V AND M), VISAKHAPATNAM 2 DISTRICT, A.P. 5. DRAKSHARAPU KANTHAMNA, W/0. KRISHNA RAO, AGED NOT KNOWN, CULTIVATION, R/0. MATSYAM (V), HULURPETA (M), VISAKHAPATNAM DISTRICT, A.P. 6. DRAKSHARAPU MAHESH, S/0. KRISHNA RAO, AGED NOT KNOWN, CULTIVATION, R/0. MATSYAM (V), HUKUMPETA (M), VISAKHAPATNAM DISTRICT, A.P. 7. MATTAM CHITTI NAIDU, S/0 LATE PEDA BODAM NAIDU. AGED ABOUT 68 YEARS YEARS, OCC. CULTIVATION MATTAM VILLAGE, HUKUMPETA MANDAL, VISAKHAPATNAM DT.., A.P. 8. MATTAM CHINNA RAMI NAIDU. LATE KARRI BALAM NAIDU AGED ABOUT 64 YEARS, HINDU.CULTIVATION, MATTAM VILLAGE. HUKUMPETA (M). VISAKHAPATNAM DISTRICT, A.P. 9. KORRA AMANDA RAO, S/0. LATE GOPAL RAO, AGED ABOUT 46 YEARS, HINDU R/0 BANDLAMUDI (V), MATTAM PANCHYAT, HUKUMPETA (M) VISAKHAPATNAM DISTRICT.A.P. 10.MAJJI SIMHACHALAM, S/0 LATE PANDANNA ABOUT 49 YEARS HINDU, AGED BODDAPATTU (V) MATTAM PANCHYAT, HUKUMPETA (M) VISAKHAPATNAM DISTRICT.A.P 11.JANNI APPA RAO, S/0. LATE PANDANNA. HINDU, AGED ABOUT 48 YEARS, BODDAPATTU (V) MATTAM PANCHYAT, HUKUMPETA (M) VISAKHAPATNAM DISTRICT.A.P. ...RESPONDENT(S): 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondents in adding 7 to 11 respondents, as implead parties as 3rd parties to LTR No. 419/93, in A.S. NO. 1/2017 on the file of the Addl. Agent to Govt.- Cum-Project officer, ITDA, paderu without issuing notice of hearing impleaded as bad, illegal and arbitrary in view of principles of natural Justice and to set aside the orders impleading 3rd parties as respondents 3 to 7 in A.S. 1/2017 on the file of the Addl. Agent to Govt.-Cum-Project officer ITDA, Paderu and to Pass such 3 lA NO: 1 OF 2021 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 may Pleased to stay all further proceedings in A.S.NO.1/2017 on the file of the Additional Agent to the Govt. - cum project officer, I.T.D.A, Paderu, pending disposal of the above writ Petition and to Pass such lA NO: 1 OF 2022 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 vacate the interim order granted on 06.10.2021 in W.P.No. 22953 of 2021. Counsel for the Petitioner(S): 1.KSUBRAHMANYAM Counsel for the Respondent{S): 1.GP FOR REVENUE 2. GP FOR SOCIAL WELFARE 3.EVVS RAVI KUMAR The Court made the following: ::ORDER:: Heard Sri K.Subrahmanyam, learned counsel for the petitioners; Mrs Ch.Swapna Priya, learned Assistant Government Pleader for Social Welfare appeared for respondents 1 to 3; Sri Bagath Singh, learned Assistant Government Pleader for Revenue appeared for 4^'^ respondent and Sri V. Ramanjaneyulu, learned counsel appeared for respondents 7 to 11. The above writ petition is filed challenging the docket order dated 24.09.2021 in A.S.No.01 of 2017 on the file of the Additional Agent to the Government-cum-Project Officer, I.T.D.A, Paderu, in impleading respondents 7 to 11 as party respondents without issuing notice to the petitioners, as illegal an (^arbitrary. 2. 4 Learned counsel for the petitioners would submit that petitioners filed a statutory appeal against the order in L.T.R.No.419 of 1993 dated 31.07.2017, before the Special Deputy Collector (Tribal Welfare) and Agency Divisional Officer, Paderu. Petitioners filed L.T.R.No.419 of 1993 against respondents 5 and 6 and the same was disposed of. Against the said disposal, they filed a statutory appeal, in the appeal respondents 7 to 11 filed an affidavit seeking impleadment and the same was allowed without issuing notice to the 3. 4. petitioners. counsel for the petitioners confined his respondent to dispose of A.S.No.01 of At the hearing, learned arguments and urged to direct the 2 2017. 5. nd Government Pleader for Social Welfare did not refute Learned Assistant the submission made by learned counsel for the petitioners. 6. the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of, at the stage of admission learned counsel, directing the learned 2 Given 7. with the consent of both the appeal A.S.No.01 of 2017, strictly as per the within three (03) months from the date of respondent to dispose of the Rules, as expeditiously as possible of the order. There shall be no order as to costs. receipt of the copy miscellaneous petitions, if any, shall stand closed. As a sequel, pending Sd/- Wl. SRINIVAS assistant registrar / A //true copy// SECTION OFFICER To, Department (F.W), State of i, Amaravathi,Guntur District, Social Welfare 1. The Principal Secretary Pradesh, Secretariat, Velagapai Andhra A.P. 2. The Project Agent to Government, Paderu Development Agency and Addl. , Visakhapatnam District, A.P. Officer, integral Tribal / ■v '\ 3. The Special Deputy Collector (T.W) (FAC), Paderu, Visakhapatnam District, A.P. 4. The Tahsildar, Hukumpeta, (V and M), Visakhapatnam 5. One CC to SRI. K SUBRAHMANYAM District, A.P. Advocate [OPUC] 6. One CC to SRI V RAMANJANEYULU, Advocate [OPUC] 7. Two CCs to GP FOR SOCIAL WELFARE, Pradesh. [OUT] High Court Of Andhra 8. Two CCs to GP FOR REVENUE, [OUT] 9. Three CD Copies High Court Of Andhra Pradesh. PRK / HIGH COURT DATED:11/03/2025 ORDER WP.No.22953 of 2021 ^ % fE 0 9 APR 2025 §• Current Section * DISPOSING OF THE W.P. WITHOUT COSTS