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2025 DAILYLAW 33463 (AP)

P NAGA SURYA MANI v. THE STATE OF AP

WP/30725/2022 · 2025-08-20

B Krishna Mohan

body2025

Judgment text

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APHC010501842022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 30725 OF 2022 Between: P. Naga Surya Mani, W/o. P.R.S.Naidu, aged about 58 years, Occ: House wife, R/o D.No.33-14-259, Allipuram Main Road, Visakhapatnam - 500 004. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Secretary, Revenue Department Secretariat, Velagapudi, Amaravati 2. Joint Collector, Anakapalli. Anakapalli District. 3. Revenue Divisional Officer, Anakapalli. Anakapalli District. 4. Tahsildar, Achutauram Mandal, Anakapalli District. ^ 5. Pyla Venkata Swamy @ Babu, S/o.Late Venkata Swamy R/o.Bhogapuram village, Atchutapuram Mandal, Anakapalli Dist. V-- ...RESPONDENTS Petition under Article 22'^ of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Joint Collector, who is 2^"^ respondent herein, in taking over the appeal filed by the 5 respondent under Section 5 (5) A.P. Rights in Land and Pattedar Pass Books th r Act, 1971 and converting the same as revision petition suo-motu as without jurisdiction, illegal, arbitrary, unjust and without jurisdiction. lA NO: 1 OF 2022 / Petition under Section 151 CPC praying that in the circumstances stated in the af^avit filed in support of the petition, the High Court may be pleased to stay further proceedings in Rc. No.394/2622/D1(RPNo.28/2022) on the file of Joint Collector, Ankapalli, Pending disposal of the above writ petition. ' Counsel for the Petitioner: SRI V. V. RAVI PRASAD Counsel for the Respondent Nos.1 to 4:GP FOR REVENUE Counsel for the Respondent No.5: SRI VIJAYA KUMAR SATA The Court made the following order: / APHC010501842022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 30725/2022 Between: 1.P NAGA SURYA MANI, W/0 P.R.S.NAIDU AGED ABOUT 58 YEARS, OCC HOUSE WIFE R/0 D.NO. 33-14-259, ALLIPURAM MAIN ROAD VISAKHAPATNAM - 500 004. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI 2. JOINT COLLECTOR,ANAKAPALLI.ANAKAPALLIDISTRICT. 3. REVENUE DIVISIONAL OFFICER, ANAKAPALLI. ANAKAPALLI DISTRICT. 4.TAHSILDAR, ACHUTAURAM MANDAL, ANAKAPALLI DISTRICT. 5.PYLA VENKATA SWAMY R/O.BHOGAPURAM MANDAL,ANAKAPALLI DIST. BABU, S/O.LATE VENKATA SWAMY VILLAGE,ATCHUTAPURAM ...RESPONDENT(S): Counsel for the Petitioner: 1.VVRAVI PRASAD t 2 HBKM,J W.P.No.30725 of2022 Counsel for the Respondent(S): I.VIJAYA KUMAR SATA 2.GP FOR REVENUE 3 HBKM,J W.P.No.30725 of2022 ^ ■ The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel appearing for the 5*^ respondent. This writ petition was filed questioning the action of the 2'''^ respondent in taking over the appeal filed by the 5*'^ respondent under Section 5 (5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and 2. converting the same as revision petition suo-motu. 3. Both the learned counsels submit that the appeal No.873 of 2020 was filed before the Appellate Authority cum Revenue Divisional Officer at Anakapalli/the respondent herein by the 5^^ respondent herein under Section 5-B of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 against the orders passed by the 4**^ respondent herein in ( R.C.No.24 of 2020. For various reasons it could not be proceeded with and nd somehow on the representation made by the parties concerned, the 2 respondent suo-motu taken up the said appeal on file to treat it as revision under Section 9 of the said Act. But no orders are pronounced yet. Now that this writ petition is to seek appropriate relief for pursuing the appeal before the 3'^ respondent. In view of the above said facts and circumstances, as the appeal was 4. already filed and numbered before the 3 respondent under Section 5-B of the HBKM,J W.P. No.30725 of 2022 said Act and the same is pending, the respondent is directed to proceed with the said appeal strictly in accordance with law, giving due opportunity for all the parties concerned, including the petitioner and the 5*^ respondent herein and appropriate orders shall be passed as expeditiously as possible preferably within a period of three (03) months from the date of receipt of the appeal from the 2^^^ respondent. The 2'"'^ respondent shall sent back the file by transmitting the same to the 3'^^ respondent at the earliest within a period of four (04) weeks from the date of receipt of this order. ' k 5. Accordingly, this Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR 0" //TRUE COPY// SECTION OFFICER To, . The Secretary, Revenue Department. State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati 2. The The Joint Collector, Anakapalli. Anakapalli District. Divisional Officer, Anakapalli. Anakapalli District, v.- 1 3. The Revenue 4. The Tahsildar, Achutauram Mandal, Anakapalli District. Sri V. V. Ravi Prasad, Advocate [OPUCh 5. OneCCto 6. One CC to Sri Vijaya Kumar Sata, Advocate [OPUC] 7. TwoCCsto GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:21/08/2025 ORDER WP No. 30725 OF 2022 ^ 17 SEP 2D25 ^ . Current Section . %!s££spatc«®S^' m •a DISPOSING OF THE W.P. WITHOUT COSTS