P.V.L.N.Uma Devi vs. .The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble M.Satyanarayana Murthy
Listed On:
9 Nov 2021
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Order Text
THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO. 25638 of 2021
ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader.
After hearing the submissions, it is apparent that the Form-I and Form-II notices appear to have been issued on the same day. It is also raised as an issue that the original vendor of the present petitioner by name Sri Dasari Rama Lingeswara Rao also died. Therefore, whether there is valid service of Form-I is also a point that arises. In addition, as pointed out by the learned counsel for the petitioner, the earlier appeal arising out of the proceedings in the year 2007 have been remanded by an order passed by this Court. This is also an issue, which is raised as a specific ground in the reply given by the petitioner on 19.10.2021.
In view of the decision in Sudalagunta Sugars Limited v. Joint Collector, Chittoor and another<sup>1</sup> and in view of the order in W.P.No.1312 of 2020, this Court is of the opinion that the interests of justice would be subserved if the proceedings dated 21.10.2021 are set aside and the matter is remanded to the 4th respondent-Tahsildar, Anandapuram Mandal. The 4th respondent is directed to once again consider all the issues that are raised and to pass a speaking order after following the procedure of issuing notices etc. This entire process should be completed within a period of two (2) months from the date of receipt of a copy of this order. This Court has not pronounced anything on the merits of the matter and the matter should be decided strictly on its own merits.
In the result, the writ petition is allowed setting aside the proceedings in Roc.No.172/2020/A, dated 21.10.2021, passed by the 4th respondent and remanding the matter for fresh consideration to the 4th respondent-Tahsildar, Anandapuram Mandal. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE D.V.S.S.SOMAYAJULU
Date : 09.11.2021 GR
THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO. 25638 of 2021 Dated: 09.11.2021
GR