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MEDABALIMI KONDAMMA vs THE STATE OF ANDHRA PRADESH

Case NumberWP 16444/2023
Date of Filing5 Jul 2023
Case TypeWP
Last Hearing--
State--
City--
Year of Filing2023

Party Details

Petitioner
  • Medabalimi Kondamma
Respondent
  • THE STATE OF ANDHRA PRADESH
  • The Joint Collector
  • The SubCollector and SubDivisional Magistrate
  • The Tahsildar
  • Gowdaperu Thirupalu
  • Gowdaperu Subbaiah
  • Gowdaperu James

Case Summary

Medabalimi Kondamma filed Case No. WP 16444/2023 in the High Court Of Andhra Pradesh on 5 Jul 2023 against THE STATE OF ANDHRA PRADESH and The Joint Collector. The case is currently pending. 1 order has been issued in this matter.

Orders (1)

Judgement DetailsView full order PDF ↗

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.16444 of 2023 Between:- Medabalimi Kondamma ….

Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District & others. ….

Respondents Counsel for the petitioner : Ms.Nimmagadda Revathi Counsel for the respondents : G.P. for Revenue ORDER: Heard learned counsel for the petitioner.

Also heard learned Assistant Government Pleader for Revenue appearing for the respondents 1 to 4.

Notice to unofficial respondents not necessary as the matter is disposed of without going into merits of the case.

2.

The writ petition is filed aggrieved by the action of the 2nd respondent in not deciding the Revision and Stay petition filed by the petitioner on 10.03.2023 under Section 4-A(1)of the A.P.

Assigned Lands (Prohibition of Transfers) Act, 1977 presented against the Order dated 30.01.2023 passed by the 3rd respondent, thereby confirming the proceedings dated 28.06.2021 issued by the 4th respondent, thereby directing resumption of revision petitioner’s land of Ac.0.54 cents out of Ac.1.08 cents in S.No.113/4 situated at Kandukur Revenue Village and 2 Mandal of SPSR Nellore District, issued by the 4th respondent as illegal, irregular, arbitrary etc., on various grounds.

3.

The learned counsel for the petitioner inter alia submits that though the matter was filed more than four months ago, no steps have been taken to take up the Revision or atleast the Stay petition by the 2nd respondent so far.

She further submits that though the matter is pending consideration as stated above, the 4th respondent, in undue haste, is contemplating to implement the order under Revision.

She submits that the petitioner has a strong case to succeed in the revision petition and in the event the 4th respondent succeeds in his attempts, the petitioner’s valuable rights would be seriously affected. affected.

Under the said circumstances, the learned counsel seeks a direction to the 2nd respondent to dispose of the revision petition, within a stipulated time and to protect the interest of the petitioner in the meanwhile.

She also submits that this Court in similar circumstances disposed of W.P.No.25752 of 2020 vide Order dated 08.03.2021.

4.

Learned Assistant Government Pleader for Revenue fairly agrees to the submission made by the learned counsel for the petitioner only with regard to disposal of the matter by the 2nd respondent.

5.

Considering the submissions made by both the learned counsel and perusing the order in W.P.No.25752 of 2020, the writ petition is 3 disposed of, with a direction to the 2nd respondent to take up either the Stay petition or the main Revision petition filed by the petitioner and pass orders on the same, strictly in accordance with Law, after giving due opportunity to the petitioner and the unofficial respondents, within a period of six(6) weeks from the date of receipt of copy of this order.

Till such time, no further action with regard to the land in question, in any manner shall be resorted to.

There shall be no order as to costs.

As a sequel, all pending applications shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA Date: 07.07.2023 BLV 4 THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.16444 of 2023 Date: 07.07.2023 BLV