Petitioner challenged suspension from service as Sub-Registrar under Articles 14 and 21. Court avoided merits and directed authorities to complete pending enquiry within three weeks.
Directed respondent authorities to complete pending disciplinary enquiry within three weeks of receipt of this order.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
HON'BLE SMT. JUSTICE V.SUJATHA
WRIT PETITION NO: 27086 OF 2023
Between:
K Syamala Devi, W/o Late Seshadri Shekar, Aged about 48 years, Occ: SubRegistrar R/o Kadapa Rural Sub-Registrar's Office Kadapa, YSR Kadapa District
...PETITIONER
AND
...RESPONDENTS
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 to declare the action of the respondent No.1 in suspending the petitioner from service vide Proceedings No. X/355/2023, dt.21-08-2023 as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently set aside the Impugned Proceedings No. X/355/2023, dt.21-08-2023 issued by the 1St respondent in the interest of justice.
IA NO: 1 OF 2023
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 suspend the Impugned Proceedings No. X/355/2023, dt.21-08-2023 issued by the 1St respondent pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI. P. NAGENDRA REDDY
Counsel for the Respondent Nos. 1 & 3 to 4: GP FOR SERVICES-I
Counsel for the Respondent No.2: GP FOR REVENUE
The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHA .
WRIT PETITION No.27086 of 2023
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No.1 in suspending the petitioner from service vide proceedings No.X/355/2023, dated 21.08.2023, as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently set aside the impugned proceedings..."
2
impunged proceedings, dated 21.08.2023 placing her under suspension in exercise of the powers under Rule 8(1)(a) of A.P.C.S.(CCA) Rules, 1991 until the conclusion of the disciplinary proceedings on the ground that the petitioner has registered the Document No.2066/2023 on the basis of the one year old R0R and also in violation of the instructions in Circular No.2/162/1/2012, dated 02.07.2013 of the Commissioner and Inspector General (R&S), A.P., Vijayawada, relating to the land in an extent of Ac.7.90 cents in Sy.No.119/1B, Ac.9.79 cents in Sy.No.124/2A, Ac.0.81 cents in Sy.NO.125/1A and Ac.0.26 cents in Sy.No.124/2C of Pabbapuram Village, Chippagiri Mandal, YSR Kadapa District, without verifying the online web land entries before the registration and entertained the registration and if the vendors name is not matched with the web land data, the petitioner should not have registered the document and should have guided the executants to get their names updated in the ROR.
3
same are not updated, the survey numbers are not opened in web land, therefore, the question of perusing the name of the executants in the webland does not arise and the said instructions in Circular No.2/162/1 2012, dated 02.07.2013 of the Chief Commissioner of Land Administration are not binding upon the Sub-Registrar.
4
in accordance with law, preferably within a period of three
weeks from the date of receipt of a copy of this order.
is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending, if
any, shall also stand closed.
Sd!- N.NAGAMMA ASSISTANT REGISTRAR
!!TRUE COPY!!
[SEC1KN OFFICER
gl
HIGH COURT
DATE D:18/10/2023
ORDER
WP.No.27086 of 2023
`oJ OF AND~,R e
a 1 0 NOV 2023 m
L ti
* Current Section ≥
~ E SPATCHE~
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
1 issue framed by the court
Whether the High Court should direct the authorities to complete the disciplinary enquiry within a stipulated period rather than adjudicating the merits of the suspension order immediately?
2 provisions across 2 enactments
K Syamala Devi
Deputy Inspector General of Registration & Stamps, Kadapa
District Collector, Kadapa
Commissioner & Inspector General, (R&S) Government of Andhra Pradesh
State of Andhra Pradesh
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
