P Venkata Siva Reddy vs. The State Of Ap

Court:High Court of Andhra Pradesh
Judge:Hon'ble A V Sesha Sai
Case Status:Unknown Status
Order Date:20 Feb 2024
CNR:APHC010081622024

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Order Issued After Hearing

Purpose:

For Admission

Before:

Hon'ble A V Sesha Sai , Sumathi Jagadam

Listed On:

20 Feb 2024

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVAT (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR :PRESENT: THE HONOURABLE SRI JUSTICE A V SESHA SAI THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 4449 OF 2024

Between:

P Venkata Siva Reddy, S/o. Pitchi Reddy, Aged. 45 years, Occ. Business R/o. Door No 3-7. Ramalayam Street. Thotlavalluru, Bhadrirajupalem, Thotlavalluru, Krishna District, Andhra Pradesh- 521163

... Petitioner

$\mathsf{AND}$

    1. The State of AP, represented by the Principal Secretary, Registration and Stamps Department, Secretariat Building Velagapudi, at Amaravathi Krishna District, Andhra Pradesh.
    1. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh State, Vijayawada, Andhra Pradesh-520008.
    1. The District Registrar, Krishna District, Ramanaidupet, Machilipatnam, Andhra Pradesh 521001.
    1. The Joint Sub Registrar, Vuyyuru, Krishna District, Pradesh-521165. Andhra
    1. The State Bank of India, Rep by its Manager, Penamakuru Branch, Thotlavalluru, Krishna District, Andhra Pradesh 521165.
    1. Boppudi. Srinivasa Rao, S/o. Late Bulliyya, Aged 47 years, Occ Master Cook, R/o. Bhadrirajupalem Village, Kummarla Street, Mahalakshmi Chettu Centre, Thotlavalluru Mandal, Krishna District, Andhra Pradesh.521163.
    1. Boppudi Subba Rao, S/o. Late Bulliyya, Aged 57 years, Occ. Proprietor of Subba Rao Brick Industry, R/o. Bhadrirajupalem Village, Thotlavallviru Mandal, Krishna District, Andhra Pradesh, 521163.

... Respondents

WHEREAS the Petitioner above named through their Advocate Sri M S P kamaraju, presented this 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 a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring that the actions of the Respondents, more particularly Respondents No 3 and 4 in not removing petitioner property house site measuring to a Total extent of 727.64 (358 plus 369.64) sq. yards along with RCC Roofed house therein. Bearing Door No. 9-2, in Survey No, 300/3, Assessment No-

540, 9th Ward Situated at Bhadrarajupalem Grama Panchayath Board, South Valluru, Revenue Village, Thotlavalluru Mandal, Vuyyuru Joint S.R.O, Krishna District from the prohibited list despite registering the sale certificate issued as per provisions of the SARFAESI Act, 2002 as arbitrary, illegal, void, and violation of petitioner right to property and his right to life and pass

AND WHEREAS the High Court upon perusing the petition and affidavit/memorandum of grounds filed herein and upon hearing the arguments of Sri M S P Kamaraju, Advocate for the Petitioner, GP for Stamps & Registration for Respondent Nos.1 to 4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

    1. The Principal Secretary, State of AP, Registration and Stamps Department, Secretariat Building, Velagapudi, at Amaravathi Krishna District, Andhra
    1. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh State, Vijayawada, Andhra Pradesh-520008.
    1. The District Registrar, Krishna District, Ramanaidupet, Machilipatnam, Andhra Pradesh 521001.
    1. The Joint Sub Registrar, Vuyyuru, Krishna District, Pradesh-521165. Andhra
    1. The Manager, State Bank of India, Penamakuru Branch, Thotlavalluru, Krishna District, Andhra Pradesh 521165.
    1. Boppudi Srinivasa Rao, S/o. Late Bulliyya, Aged 47 years, Occ Master Cook, R/o. Bhadrirajupalem Village, Kummarla Street, Mahalakshmi Chettu Centre, Thotlavalluru Mandal, Krishna District, Andhra Pradesh.521163.
    1. Boppudi Subba Rao, S/o. Late Bulliyya, Aged 57 years, Occ. Proprietor of Subba Rao Brick Industiy, R/o. Bhadrirajupalem Village, Thotlavallviru Mandal, Krishna District, Andhra Pradesh.521163.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed herewith (copy enclosed) this WRIT PETITION should not be admitted.

The Court made the following:

ORDER:

Notice before admission.

Learned counsel for the petitioner is permitted to take out personal notice to the respondents by RPAD and file proof of service into the Registry.

Post after four (04) weeks

Sd/- K. KASIRAO ACHARI ASSISTANT REGISTRAR

SECTION OFFICER

$\sqrt{3}$

//TRUE COPY//

To,

  1. The Principal Secretary, State of AP, Registration and Stamps Department, Secretariat Building, Velagapudi, at Amaravathi Krishna District, Andhra Pradesh.

F

    1. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh State, Vijayawada, Andhra Pradesh-520008.
    1. The District Registrar, Krishna District, Ramanaidupet, Machilipatnam, Andhra Pradesh 521001.
    1. The Joint Sub Registrar, Vuyyuru, Krishna District, Pradesh-521165. Andhra
    1. The Manager, State Bank of India, Penamakuru Branch, Thotlavalluru, Krishna District, Andhra Pradesh 521165.
    1. Boppudi Srinivasa Rao, S/o. Late Bulliyya, Aged 47 years, Occ Master Cook, R/o. Bhadrirajupalem Village, Kummarla Street, Mahalakshmi Chettu Centre, Thotlavalluru Mandal, Krishna District, Andhra Pradesh.521163.
    1. Boppudi Subba Rao, S/o. Late Bulliyya, Aged. 57 years, Occ. Proprietor of Subba Rao Brick Industiy, R/o. Bhadrirajupalem Village, Thotlavallviru Mandal, Krishna District, Andhra Pradesh.521163 (by RPAD- along with a copy of petition and memorandum of grounds)
    1. One CC to SRI. M S P Kamaraju, Advocate [OPUC]
    1. Two CCs to GP for Registration And Stamps (AP), High Court Of Andhra Pradesh. [OUT]
  1. one spare copy

svp

HIGH COURT

$\mathsf{AVSS}, \mathsf{J} \ & \ \mathsf{JS}, \mathsf{J}$

DATED: 20/02/2024

NOTE: POST WITHIN FOUR (04) WEEKS

NOTICE BEFORE ADMISSION

WP.No.4449 of 2024