Disposed

Smt. G. Kamalamma v. The State of Andhra Pradesh

Andhra Pradesh HC10 Aug 2023WP/6559/2022

Case brief

AI extract

What is this about?

The High Court directed the Sub-Collector to decide the pending appeal regarding the cancellation of the petitioner's NOC within two months, ensuring an opportunity of hearing to all parties involved, before dismissing the writ petition.

What did the court decide?

Direction to the 3rd respondent (Sub-Collector) to decide the pending appeal within two months afording opportunity of hearing to petitioner and respondents 6 and 7.

Smt. G. Kamalamma Vs The State of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

¶5

WRIT PETITION NO: 6559 OF 2022

¶6

Between:

¶7

Smt. G. Kamalamma, W/o. Sunkanna, Aged about 50 years, Occ: Business, Rio. H.No.3-163-5, Main Road, Kolimigundla Village and Mandal, Kurnool District.

¶8

...PETITIONER

¶9

AND

¶10

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist.

¶11

The District Collector, Kurnool District, Kurnool.

¶12

The Sub-Collector, Nandyal Revenue Division, Kurnool District.

¶13

The Tahsildar, Owk Mandal, Kurnool District.

¶14

The Deputy Director, Mines and Geology Department, Kurnool, Kurnool District.

¶15

Ediga Sekhar Goud, S/o. Late Seshanna Goud, Aged about Major, Occ. Business, Rio. Sunkesula Village, Owk Mandal, Kurnool District.

¶16

M.G. Raja Goud, S/o. M.G. Sesanna, Aged about 48 years, Rio. Indira Nagar, Duvvur Village & Mandal, Kadapa District.

¶17

...RESPONDENTS

¶18

(R7 is impleaded in writ petition and affidavit as, per the Court's Order dt.10.08.2023 Vide Order passed in I.A. No.2 of 2023)

¶19

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the 2^nd respondent in not disposing of the appeal dated 14.03.2022 is illegal, arbitrary and violation of Article 14 of the Constitution of India and consequently direct the^2nd respondent to dispose of the appeal filed by the petitioner dated 14.03.2022.

¶20

(Prayer is amended as per the Court's Order, dt.10.08.2023 vide order passed in I.A. No.3 of 2023)

¶21

IA NO: 1 OF 2022

¶22

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be

¶23

pleased to Suspend the impugned order dated 15.02.2022 passed by the^4th Respondent without considering the explanations of the petitioner.

¶24

IA NO: 2 OF 2022

¶25

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the proceedings dt. 26-7-2022 issued by the 3rd respondent in the place of proceedings dtr. 15-2-2022 issued by the 4th respondent, pending disposal of the W.P. before this Hon'ble Court.

¶26

IA NO: 1 OF 2023

¶27

Between:

¶28

The Tahsildar, Owk Mandal, Kurnool District.

¶29

...PETITIONER/RESPONDENT No.4

¶30

AND

¶31

Smt. G. Kamalamma, W/o. Sunkanna, Aged about 50 years, Occ: Business, Rio. H.No.3-163-5, Main Road, Kolimigundla Village and Mandal, Kurnool District.

¶32

...RESPONDENT/PETITIONER

¶33

The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist.

¶34

The District Collector, Kurnool District, Kurnool.

¶35

The Sub-Collector, Nandyal Revenue Division, Kurnool District,

¶36

The Deputy Director, Mines and Geology Department, Kurnool, Kurnool District.

¶37

Ediga Sekhar Goud, S/o. Late Seshanna Goud, Aged about Major, Occ. Business, Rio. Sunkesula Village, Owk Mandal, Kurnool District.

¶38

...RESPONDENTS/RESPONDENTS

¶39

(Respondents 2 to 6; herein are not necessary parties to this Petition)

¶40

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the petitioner herein/Respondent No.4 in Writ Petition No.6559 of 2022 to file the counter affidavit in the above writ petition.

¶41

Counsel for the Petitioner: SRI S. LAKSHMINARAYANA REDDY

¶42

Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE

¶43

Counsel for the Respondent No.5 : GP FOR MINES & GEOLOGY

¶44

Counsel for the Respondent No.6 : SRI VUTUPALLI RAJANNA

¶45

Counsel for the Respondent No.7 : SRI K. RATHANGAPANI REDDY

¶46

The Court made the following: ORDER

¶47

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON'BLE SRI JUSTICE SUBBA; REDDY SATTI

¶48

WRIT PETITION No.6559 OF 2022

¶49

Between:

¶50

Smt G. Kamalamma, W / o . Sunkanna, Aged about 50 years, Occ: Business, r/o. H.No.3163-5, Main Road, Kolimigundla Village & Mandal, Kurnool District.

¶51

... Petitioner

¶52

Versus

¶53

The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District and five others.

¶54

... Respondents

¶55

Counsels for the petitioner . Sri S.Lakshmi Narayana Reddy Counsel for respondent Nos.1 to 4 : GP for Revenue Counsel for respondent No.5 GP for Mines and Geology Counsel for respondent No.6 K Rathanga Pani Reddy

¶56

ORDER

¶57

The present writ petition is filed under Article 226 of the

¶58

Constitution of India seeking the following relief:

¶59

"... to issue Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents more particularly Respondent No.4 in passing the impugned order dated 15.02.2022 without considering the explanations is illegal, arbitrary, unconstitutional and contrary to the provisions made there under and consequently Suspend the impugned 'orders of the 4th Respondent vide Rc.B. 546/2020, dated 15.02.2022 and pass such other or further orders.."

¶60

Page 2 of 4

¶61

SRS, J W.P.No.6559 of 2022

¶62

The grievance of the petitioner is that respondent No.2 - the District Collector, Kurnool is not disposing of the appeal dated 14.03.2022. Petitioner initially made application on 31.08.2020, for grant of quarry lease in respect of 3.757 hectares in Sy.No.325/2A1 of Sunkesula Village, Owk Mandal, Kurnool District for a period of ten years. A Lease Deed was executed on 17.09.2020 by the Assistant Director of Mines and Geology, Banganapally vide proceedings No.3580/QL/2016 dated 17.09.2020.

¶63

Petitioner made application to respondent No.4 - the Tahsildar, Owk Mandal to grant No Objection Certificate (for short `NOC') in respect of 10.04 hectares of land in Sy.No.325 of Sunkesula Village. Respondent No.4 issued NOC vide D.Dis.No.102/2019 dated 10.02.2019 to the petitioner. Respondent No.6 filed W.P.No.22069 of 2020 praying the Court to direct the respondents not to dispossess him from the land in Sy.No.325/2B. Respondent No.4 by order dated 15.02.2022, cancelled the NOC which was granted earlier in favour of the petitioner. Assailing the same, petitioner filed appeal dated 14.03.2022 on; the file of the Sub-Collector, Nandyal Revenue Divison, Kurnool District.

Page 3 of 4

SRS, J

W.P.No.6559 of 2022

Heard Sri Lakshi Narayana Reddy, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondent Nos.1 to 4, learned Government Pleader for Mines and Geology appearing for respondent No.5 and Sri K.Rathanga Pani Reddy, learned counsel appearing for respondent No.6.

¶69

Since an appeal filed by the petitioner against the order passed by respondent No.4 vide Rc.B 546/2020 dated 15.02.2022 is pending before the 3rd respondent, respondent No.3 shall pass orders, strictly in accordance with law, by giving an opportunity to the petitioner as well as respondent Nos.6 and 7, within a period of two (02) months. Respondent No.3 shall communicate the result of appeal to the petitioner as well as respondent Nos.6 and 7.

¶70

With the above direction, the Writ Petition is disposed of.

¶71

There shall be no order as to costs.

¶72

As a sequel, pending miscellaneous petitions, if any, shall

¶73

stand dismissed.

¶74

• Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur Dist. '

¶79

The District Collector, Kurnool District, Kurnool.

¶80

The Sub-Collector, Nandyal Revenue Division, Kurnool District.

¶81

The Tahsildar, Owk Mandal, Kurnool District.

¶82

The Deputy Director, Mines and Geology Department, Kurnool, Kurnool District.

¶83

One CC to Sri S. Lakshminarayana Reddy, Advocate [OPUC]

¶84

Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

¶85

Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh. [OUT]

¶86

One CC to Sri Vutupalli Rajanna, Advocate (OPUC)

¶87

One CC to Sri K. Rathangapani Reddy, Advocate (OPUC)

11.Three C.D. Copies

Cnr

HIGH COURT

DATED:10/08/2023

ORDER

WP.No.6559 of 2022

DISPOSING OF THE W.P. WITHOUT COSTS

¶95

f ANOH/+
uv 17 N0V 2023 T TK N.
a * Current sr~TCHaa Sectipr. * i'
1

Smt. G. Kamalamma v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Smt. G. Kamalamma v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sadhu Adinarayana Vs State of Andhra Pradesh

Kadugula Rajulu, Vs The State of A.P.

M. Narayana Chary, Vs State of Andhra Pradesh

Dabbara Venkata Narayana Vs The State of Andhra Pradesh

C Venkataramaiah Vs the State of Ap

Nimmagadda Vijaya Bhaskara Rao Vs the State of Ap