Akkina Lakshminarayana, v. The State of Andhra Pradesh,
WP/4639/2025 · 2025-03-03
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8269 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8269 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMA WRIT PETITION NO: 4639 OF 2025 Between: Akkina Lakshminarayana, S/o. Akkina Veera Swamy Aged 58 R/o. Narayanapuram Unguturu Mandal Eluru District, Andhra Pradesh. years ...Petitioner AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi. Amaravati, Guntur district, A.P.
2. The Collector, Eluru, Eluru District, A.P.
3. The Revenue Divisional Officer, Eluru, Eluru District, A.P.
4. The Tahasildar, M.R.O., Unguturu Mandal Eluru District, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ or order or directions particularly one in the nature of writ of mandamus declaring the action of may more
/ the 4th respondent in initiating enquire against the petitioner and issuing arbitrary, illegal, notice in Roc.No.38/2025/A dated 09.01.2025 as and violative of the principles of natural justice and Articles discriminatory 14, 19 and 21 of the Constitution of India and consequently set aside the same.
lA NO: 1 OF 2025 under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to stay of enquiry by the 4th respondent against the petitioner pending disposal of the above writ petition. Counsel for the Petitioner: SRI. DTARAKA PRASAD Petition Counsel for the Respondents; GP FOR REVENUE The Court made the following order:
APHC010087912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) L' [3329] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4639/2025 Between: ...PETITIONER Akkina Lakshminarayana AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.D TARAKA PRASAD Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4639/2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: ‘‘to issue an appropriate writ or order or directions particularly one in the nature of writ of mandamus declaring the action of the respondent in initiating enquiry against the petitioner and issuing notice in Roc.No.38/2025/A dated 09.01.2025 as arbitrary, illegal, discriminatory and violative of the principles of natural justice and Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass such other order or orders.... ” more
2. Heard
learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.02 cents in Sy.No.269/2 situated at Chebrolu Village, Guntur Mandal having acquired the same through registered sale deed vide Doc. No.4065 of
2003. Later the petitioner herein sold away the subject land in favour of the prospective purchasers by way of registered sale deeds. But surprisingly, respondent No.4 issued an impugned notice dated 09.01.2025 to the petitioner asking him to appear in person for the enquiry said to be conducted pursuant to the complaint made by the third parties. Learned counsel for the
p6tition6r furthsr submits that tha said noticG doGS not contain tha purposa for anquiry in viaw of tha fact that tha patitionar alraady disposad of tha subjact land in favour of tha third parsons. Tharafora, issuanca of such notice without any purpose is contrary to the settled proposition of law and liable to be set aside. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions issued by respondent No.3, wherein, it is stated that pursuant to the notice dated 09.01.2025 issued by the respondents to appear for the enquiry, the petitioner already appeared and submitted his explanation on 22.01.2025 and the same is pending for consideration. He further submits that after hearing both the parties and to pass final orders the said explanation on since respondent No.4 has involved in and just completed MLC elections, is unable to pass orders as directed in the notice dated 09.01.2025 and requested some more time to pass orders
5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the material on record, it appears that the petitioner herein appeared before the respondents and submitted his explanation to the notice dated 09.01.2025 issued by the respondents. 6.
In view of the foregoing discussion, the present writ petition is disposed of, directing respondent No.4 herein to consider the explanation dated 22.OA .2025 subm\\.Aed Abe petitioner to the notice dated 09.01.2025, after
.(Se providing opportunity of hearing to the petitioner as well as other stake holders, if any and pass appropriate orders with reference to the acquisition and disposal of the subject property by the petitioner, within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no
order as to costs. Consequently. Miscellaneous Petitions, if petition shall stand closed. any. pending in the writ Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER // //TRUE COPY// To
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur district. A.P.
2. The Collector, Eluru Eluru District, A.P.
3. The Revenue Divisional Officer, Eluru. Eluru District, A.P.
4. The Tahasildar, M.R.O.. Unguturu Mandal Eluru District, Andhra Pradesh.
5. One CC to Sri. D Taraka Prasad Advocate [OPUC]
6. TwoCCsto GP for Revenue, High Court Of Andhra Pradesh.
7. Three CD Copies OUT] GSC A
HIGH COURT DATED:03/03/2025
ORDER WP.No.4639 of 2025 anoS^ =5 18 MAK 2025 a C9, . Current Section . disposing of the wp WITHOUT COSTS