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2025 DAILYLAW 3775 (AP)

SEERAM DANAMMA v. THE STATE OF ANDHRA PRADESH

WP/1368/2025 · 2025-01-28

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010022062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1368/2025 Between: 1. SEERAM DANAMMA, W/O. SEERAM CHINNAIAH, AGED ABOUT 68 YEARS, R/O. PADUGUPADU VILLAGE KOVUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, KOVUR MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 ORAL ORDER: Heard Sri C.Subodh, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue. 2. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Kovur Mandal, dated 27.01.2025 along with copies of Form-I and Form-II notices. Copies of Form-I and Form-II notices would indicate that Form-I Notice was received by Sri.M.Chinnaiah and Form-II is received by the Writ Petitioner herein. 3. The learned counsel for the Writ Petitioner would submit that it is the statutory requirement that the respondents shall issue Form-I and Form-II Notices to the transferor and transferee. In other words, the respondents have to issue Form-I and Form-II Notices to the transferor and the same has to be repeated in respect of the transferee too. In the present case, it appears that the Writ Petitioner has received Form-II Notice only but had not received Form-I Notice. 4. In this view of the matter, present proceedings initiated by the respondents are vitiated due to non adherence to the Principles of Natural Justice and the statutory requirement. 5. Accordingly, the impugned Notice is set aside. However, Liberty is granted to the Official Respondents to issue fresh notices by following statutory procedure as indicated above. It is clarified that this Court has not expressed anything on the merits of this case. 6. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 28.01.2025 RSD 3 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1368/2025 Date:28.01.2025 RSD