(SHOW CAUSE NOTICE BEFORE ADMISSION)

(Special Original Jurisdiction)

THURSDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 6376 OF 2021

Between:

• 1. Paranji Krishna Reddy, S/o. Late Chenga Reddy, Aged 75 years Occ. Cultivation, R/o Inam Kothur Village and Post, Vedurukuppam Mandal, Chittoor District
• 2. Shanthamma, W/o Perinagari Nadhamuni Reddy, Aged 59 years Occ. House Wife R/o Inam Kothur Village and Post, Vedurukuppam Mandal, Chittoor District

Petitioners

AND

• 1. The State of Andhra Pradesh, rep by its Principal Secretary for Revenue Revenue Department, AP Secretariat at Amaravati
• 2. The District Collector, Chittoor, District Chittoor
• 3. The Revenue Divisional Officer, Chittoor, Chittoor District
• 4. The Thasildar, Vedurukuppam Mandal, Chittoor District
• 5. Pujari Muni Reddy, S/o Pujari Munu Swamy Reddy, Aged 69 years, R/o Penumuru Village and Post, Penumuru Mandal, Chittoor District

Respondents

WHEREAS the Petitioners above named through their Advocate Sri.Ch.Srinivas 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 or direction more particulars in the nature of writ of mandamus declaring the action of the 3rd respondent in accepting the petition submitted by the 5th respondent with the endorsement of Dy Chief Minister in Spandana as appeal for cancellation of entries in revenue records which were made more than twenty years back and issuing notice to the petitioner vide Roc No.G1/1335/2020 Dated 5-3-2021 and continuing the appeal proceedings without considering the fact that the suits O.S. No. 183 2020 and OS 26 of 2020 on the file of Principal Junior Civil Judge cum JFCM, Puttoor, is pending as illegal, arbitrary, high handed and cannot be justified in the eye of law and consequently direct the 3rd respondent not to proceed with the appeal in the interest of justice:

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Ch.Srinivas Advocate for the Petitioners and of learned Assistant Government Pleader for Revenue for Respondents, directed issue of notice to the Respondent No.5 herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

Pujari Muni Reddy, S/o Pujari Munu Swamy Reddy, R/o Penumuru Village and Post, Penumuru Mandal, Chittoor District

are 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 therewith (copy enclosed) this WRIT PETITION should not be admitted before 09.04.2021, on which date the case stands posted for hearing.

IA 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 to grant stay of all further proceedings in the appeal pursuant to the impugned notice vide Roc. G1/1335/2020 Dated.5-3-2021 pending on the file of 3rd respondent in the interest of justice, pending disposal of WP No. 6376 of 2021, on the file of the High Court.

THE COURT MADE THE FOLLOWING: ORDER:

Heard learned counsel for petitioners and learned Assistant Government Pleader for Revenue representing respondent Nos.1 to 4, who seeks time to secure instructions in the matter.

Issue notice to respondent No.5.

Learned counsel for the petitioner is permitted to take out personal notice to respondent No.5 and file proof of service in the Registry within a period of three weeks.

However, considering the submissions made by learned counsel for the petitioners that representation made in Spandana programme was entertained as an appeal, that the third respondent has no jurisdiction in the matter and further that the civil suits are pending between the parties and the status quo orders are in force, there shall be interim direction as prayed for.

List the matter after three weeks.

//TRUE COPY//

For

Sd/-V.Diwakar ASSISTANT REGISTRAR SECTION OFFICER

To.

• 1. The Principal Secretary for Revenue, Revenue Department, Revenue State of Andhra Pradesh, AP Secretariat at Amaravati
• 2. The District Collector, Chittoor District Chittoor
• 3. The Revenue Divisional Officer, Chittoor, Chittoor District
• 4. The Thasildar, Vedurukuppam Mandal Chittoor District
• 5. Pujari Muni Reddy, S/o Pujari Munu Swamy Reddy, R/o Penumuru Village and Post, Penumuru Mandal, Chittoor District (1 to 5 by RPAD- along with a copy of petition and affidavit)
• 6. One CC to Sri.Ch.Srinivas Advocate [OPUC]
• 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
• 8. One spare copy

SRL

HIGH COURT

NJSJ

DATED:18/03/2021

NOTE: LIST THE MATTER AFTER THREE WEEKS

NOTICE BEFORE ADMISSION

WP.No.6376 of 2021

INTERIM DIRECTION