P Srinivasulu Naidu vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble Subba Reddy Satti
Listed On:
10 May 2024
Original Order Copy
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Order Text
[3331 I (SHOW CAUSE NOTICE BEFORE ADMISSION) lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAt-I I (SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE TENTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR :PRESENT: THE HONOURABLE SRI JUSTICE SUBBA REDDY S WRIT PETITION NO: 11458 OF 2024 .` r
Betwee n :
• / I, I
P. Srinivasulu Naidu, S/o. P. Errapa Naidu Aged 80 years, R/o 19-9-1/4; Kakathiya Nagar, Tirupati (Urban), Tirumala, Tl-rupati District
petitione+
AND
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- The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, A.P.Secretariat, Amaravathi, Guntur District.
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- The District Collector, Tirupati District at Tirupati
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- The Joint Collector, Tirupati District at Tirupatl'
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- The Revenue DivisionaI Offl-cer, Tirupati District
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- Thasildhar, Tirupati Rural MandaI, Tirupati Dl-strict. .
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- P. Madhava Naidu, S/o. LateYerrappa Naidu Aged about 77 years, R/o. D.No. 906/E, Korlagunta, Tirupati, Chittoor District
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- Pallinti Nirmala, W/o. Pallinti Madhava Naidu Aged about 76 years,R/o.D.No. 906/E, Korlagunta, Tl'rupati, Chittoor District.
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- N. Govindaswamy Naidu, S/o. N. Chengalraya Naidu Aged about 70 years, R/o. D.No.1-60/2, Sreenivasa Puram, Sreenivasa Puram Grama Panchayat Tirupati (Rural), Tirumala, Tirupati District
Respondents
WHEREAS the Petitioner above named through his Advocate Sri P. Jagadish Chandra Prasad, 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
directI'On more Particularly one in the nature of writ of Mandamus declaring the action of the respondents no. 1 to 5 in trying to sub div,-de or alter the Sy.No. 242/2 (Old Survey No. 242) of Tiruchanur Village, Tl'rupati (Rural) MandaI, Tirupati District and trying to enter the names of respondents without issuing any notice nor conducting any enquiry as illegal, arbitrary, unconstitutionaI, violative of principles of natural justice and contrary to the Provisions Of A.P. Rights in Land and Pattadar Passbooks Act,1971 and the Rules thereon besides being violative of articles 14, 21 and 300(A) of the constitution of India and consequently direct the respondents not to disturb the peaceful possession of the petitioner in the subject property and not to change or implement any name/corrections in the revenue records for plots bearing number 342, 343, 344, 346 to 352 and 407 to 411 situated in Sy.No. 242/2 (old Sy.No.242) of Tiruchanur Vl'llage, Tirupati (Rural) MandaI, Tirupati Distrl'ct belongl'ng to the petitioner;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of sri p. Jagadish Chandra,I PRASAD Advocate for the petitioner, learned GP FOR REVENUE for respondent Nos.1 to 5 dl'rected issue of notice to the Respondents hereI~n tO show cause as to why this WRIT PETITION should not be admitted.
You viz:
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- The Principal Secretary Revenue Department, A.P.Secretariat, Amaravathi, Guntur District, State of Andhra Pradesh.
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- The District Collector, Tirupati District at Tirupati
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- The Joint Collector, Tirupati Dl-strict at TirupatI'
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- The Revenue DivisionaI Officer, Tirupati District
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- Thasi'dhar, Tirupati Rural Mandal, Tirupati Dl'strict. .
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- P. Madhava Naidu, S/o. LateYerrappa Naidu Aged about 77 years, R/o. D.No. 906/E, Korlagunta, Tirupati, Chittoor DI-Strict
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- Pallinti Nirmala, W/o, Pallinti Madhava Naidu Aged about 76 years,R/o.D.No. 906/E, Korlagunta, Tirupati, Chittoor District.
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- N. Govindaswamy Naidu, S/o. N. Chengalraya Naidu Aged about 70 years, R/o. D.No.1-60/2, Sreenivasa Puram, Sreenivasa Puram Grama Panchayat Tirupati (Rural), Tirumala, Tirupati District
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 therewith (copy enclosed) this WRIT PETITION should not be admitted.
lANO: 1 OF2024
Petition under section 151 CPC is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to direct the respondents tlot to make any changes or sub divisions to the schedule property situated in plots bearing number 342, 343, 344, 346 to 352 and 407 to 411 situated in Sy.No. 242/2 (old Sy.No.242)of Tiruchanur Village, Tl®rupatI' (Rural) Mandal, Tirupati District, Pending disposal Of WP No. 11458 of 2024, on the file of the High Court.
The Court made the following ORDER:
£lNotice before admission.
Learned Government pleader for Revenue takes notice on behalf df respondent Mos.1 to 5;
Learned counsel for the petitioner is permitted to take out personal notice to respondent Nos.6 to 8 by RPAD and file proof of service in the Registry,
Heard.
The grievance of the petitioner is that the 4th respondent is trying to create sub-division in respect of plot Nos.342, 343, 344, 346 to 352 and 407 to 411 in Sy.No.242/2 (old Sy.No.242) of Tiruchanur Village, Tirupati (Rural) MandaI, Tjrupati District belonged to the petitioner without issuing notice to the petitioner.
Learned Assistant Government PIeader for Revenue seeks time to get instructions.
List the matter immediately after Summer Vacation-2024.
ln the meantime, in the facts and circumstances, the respondent Nos.3 to 5 shall not change or make sub-division in respect of the PetitiOner'S PIots, referred to supra in sy.No.242/2 of Tiruchanur Village, Tirupati (Rural) Mandal, Tirupati District, without following due process of[aw."
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR
ulL, )
//TRUE COPY//
For ASSISTANT REGISTRAR
To,
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- The Principal Secretary Revenue Department, A.P.Secretariat, Amaravathi, Guntur District, State of Andhra Pradesh.
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- The District Collector, Tirupati District at Tirupati
- 3, The Joint Collector, Tirupati District at Tirupati
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- The Revenue Divisional Officer, Tirupati District
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- Thasildhar, Tirupati Rural Mandal, TI'ruPati District. .
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- P. Madhava Naidu, S/o. LateYerrappa Naidu Aged about 77 years, R/o. D.No. 906/E, Korlagunta, Tirupati, Chittoor District
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- Pallinti Nirmala, W/o. PaI'inti Madhava Nal'du Aged about 76 years,R/o.D.No. 9O6/E, Korlagunta, Tirupati, Chittoor District.
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- N. Govindaswamy Naidu, S/o. N. Chengalraya Naidu Aged about 70 years, R/o. D.No.1-60/2, Sreenivasa Puram, Sreenivasa Puram Grama Panchayat Tirupati (Rural), Tirumala, Tirupati District
(Addressee Nos. 1 to 8 by RPAD- along with a copy of petition and affidavit)
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- One CC to SRl. P JAGADISH CHANDRA PRASAD Advocate [OPUC]
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- Two CCs to GP FOR REVENUE, High CourfofAndhra Pradesh. [OUT]
- ll. Onesparecopy
KJ
HIGH COURT
SRS,J
DATED:10/05/2024
LIST THE MATTER AFTER SUMMER VACATION, 2024
NOTICE BEFORE ADMISSION
WP.No.11458 of 2024
DIRECTION