Disposed

M. Narayana Chary, v. State of Andhra Pradesh

Andhra Pradesh HC9 Aug 2023WP/9393/2019

Case brief

AI extract

What is this about?

This High Court writ petition challenged the inaction of the 3rd respondent in disposing of an appeal. The Court directed the Revenue Divisional Officer to dispose of the appeal within eight weeks following the submission that notices were issued.

What did the court decide?

The Revenue Divisional Officer was directed to dispose of appeal ROC.No.2548 of 2015 within eight weeks.

M. Narayana Chary, Vs State of Andhra… — Civil Procedure and Limitation | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY, THE NINTH DAY OF AUGUST

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TWO THOUSAND AND TWENTY. THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 9393 OF 2019

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Between:

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M. Narayana Chary, S/o. Late. Viswanth Achari, Aged about 50 years, Occ Agriculturist, Rio. Oterupalli Village, Karegaon village, Vepanapalli Post, Yadamari.Mandal, Chittoor

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal. Secretary, Revenue Department, Vellagapudi, Amaravathi, Guntur District.

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The District Collector, Chittoor, Chittoor District.

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The Revenue Divisional Officer, Chittoor, Chittoor District. -

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The Mandal Revenue Officer, Yadamari Mandal, Chittoor District.

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K. Jeevarathnam Achari, S/o. Late K. Parmatmachari, Aged about 39 years, Occ Agriculturist, Rio. Erracheruvu village, Kottalam Post, Yadamari Mandal, Chittoor District.

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N. Laxmi, W/o. Purushotham Achari, Aged about 36 years, Housewife, Kachirala village and Post, Yadamari. Mandal, Chittoor District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated the affidavit filed therewith, the High Court may be pleased to issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not passing any order in ROC. No. 2548 of 2015 on the file of the 3`d respondent as same is illegal arbitrary and unjust and consequently direct the^31d respondent to pass orders in ROC. No. 2548 of 2015.

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Counsel for the Petitioner: SMT. PADMAVATHI SRINIVAS FOR SRI. G RAVI MOHAN

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

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Counsel for the Respondent No. 5&6: NONE APPEARED

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

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THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.9393 OF 2019

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Between:

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M.Narayana Chary, S/o Late Viswanth Achari, Aged about 50 years, Occ: Agriculturist, R/o Oterupalli Village, Karegaon Village, Vepanapalli Post, Yadamari Mandal, Chittoor District.

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Petitioner

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Versus

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

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.•Respondents

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Counsels for the petitioner : Sri G.Ravi Mohan Counsel for respondents : GP for Revenue

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ORDER

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The present writ petition is filed under Article 226 of the

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Constitution of India seeking the following relief:

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"... to issue a writ Order or Direction, more particularly one in the nature of Writ .of Mandamus, declaring the action of the respondents in not passing any order in ROC.No.2548 of 2015 on the file of the 3rd respondent as same is illegal, arbitrary and unjust and consequently dirept the^3rd respondent to pass orders in ROC.No.2548 of 2015 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the, case..."

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Page 2 of 4

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SRS, J W.P.No.9393 of 2019

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The grievance of petitioner in the writ petition is that the respondent No.3 - Revenue Divisional Officer, is not disposing of the appeal vide ROC.No.2548 of 2015.

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In the affidavit, it was contended, utter-alia, that one Shankara Chari, son of Venkata Swamy was the owner of Ac.3.56 cents in Sy.No.185-2, 187-7 and 182-8 in Errachenu Village, Yadamari Mandal, Chittoor District. Later he sold the said property vide registered sale deed dated 11.08.1959 to one M.Viswanathachari, father of the petitioner. After the death of father of the petitioner, petitioner has been in possession of the said property. Petitioner's father is son-in-law of one Shankara Chari. One K.Parmatama Chari is son of said Shankara Chari. His name is shown in the Record of Rights. Hence, passbook was issued by respondent No.4 in favour of said K.Parmatama Chari in the year 1996. Petitioner came to know about the same in the year. 2012 and immediately he made application to respondent No.4 seeking cancellation of Passbook issued in favour of said K.Parmatama Chari. Respondent No.4 rejected the claim. of the petitioner on 18.03.2015, orally stating that he has no jurisdiction. Petitioner filed appeal vide ROC.No.2548 of 2015

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Page 3 of 4

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SRS,1 W.P.No.9393 of 2019

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before the Revenue Divisional Officer, Chittoor District. Since the appeal is not disposing of, the above writ petition is filed.

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Heard Smt.Padmavati Srinivas, learned counsel representing Sri G.Ravi Mohan, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4.

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Learned Assistant Government Pleader for Revenue would submit that notices were issued to the respondents in the appeal stated supra. He also would submit that respondent No.3 will take steps to dispose of the appeal, as expeditiously as possible.

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In view of the submission made by the learned Assistant Government Pleader for Revenue, the Writ Petition is disposed of, directing the respondent No.3 to dispose of the appeal vide ROC.No.2548 of 201S, within a period of eight (08) weeks, strictly in accordance with law. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand dismissed. SDI- B.^{PRASADA RAO} ASSISTANT^REGISTRAR !!TRUE COPY!! /~aSECTION/oHFFICER

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To, 1. The^{Principal. Secretary:Revenue Department, State of Andhra Pradesh,} Vellagapudi,^{Amaravathi, Guntur District.}

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1. The^{District Collector, Chittoor, Chittoor District.}

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The^{Revenue Divisional Officer, Chittoor, Chittoor District.} 4. The^{Mandal Revenue Officer, Yadamari Mandal, Chittoor District.}

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One^{CC to SRI. G RAVI MOHAN Advocate [OPUC]} 6. Two^{CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]}

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Two^{CD Copies}

csb

HIGH COURT

DATED:09/08/2023

19I4~~o2.'

ORDER

WP.No.9393 of 2019

DISPOSING THE WP WITHOUT COSTS

M. Narayana Chary, v. State of Andhra Pradesh

Case brief

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M. Narayana Chary, v. State of Andhra Pradesh

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