Disposed

Smt. Kucharlapati Vijaya Lakshmi v. Akshinthala Guru Prasad Gupta

Andhra Pradesh HC22 Apr 2024WA/307/2024

Case brief

AI extract

What is this about?

Appellants challenged a single Judge's direction that an authority consider the writ petitioner's representation about inclusion of his property in the prohibited property list. The Divisional Bench found the direction innocuous and disposed of the appeal requiring the authority to hear the appellants also.

What did the court decide?

Authority directed to hear the appellants while considering respondent No.1's representation; appeal disposed without costs.

Smt. Kucharlapati Vijaya Lakshmi Vs Akshinthala… — Property and Title | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI

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TUESDAY, THE TWENTY THIRD DAY OF APRIL

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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AND

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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WRIT APPEAL NO: 307 OF 2024

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Writ Appeal under Clause 15 of the Letters Patent preferred against the order dated 28-11-2023 in W.P. No. 29570 of 2024 on the file of the High Court.

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Between;

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Smt. Kucharlapati Vijaya Lakshmi, W/o. Late Prasada Raju,D. No. 2739-146 Baba Metta.Vizianagaram 535 002 Vizianagaram District Andhra Pradesh.

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Adv. Kucharlapati Swapna Rani, D/o. Late K. Prasada Raju,D. No. 27-

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39-146 Baba Metta,Vizianagaram 535 002 Vizianagaram District, Andhra Pradesh.

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Dr. Kucharlapati Sunitha Rani, D/o. Late K. Prasada Raju,D. No. 27-39146Baba Metta Vizianagaram 535 002 Vizianagaram District Andhra Pradesh.

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...Appellants/Petitioners

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AND

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Akshinthala Guru Prasad Gupta, S/o. Late Satya Prasad Aged about 65 years R/o. D.No. 14-2-25Near Raja Rao Meda Poolbagh

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RoadVizianagaram District Andhra Pradesh.

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...Respondent/Writ Petitioner

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

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The District Collector, Vizianagaram District Andhra Pradesh.

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The Joint Collector-cum-Chairman of the Committee,

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Vizianagaram,Vizianagaram District Andhra Pradesh.

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The Revenue Divisional Officer, Vizianagaram District, Andhra Pradesh.

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The Tahsildar, Vizianagaram District, Andhra Pradesh.

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...Respondents/ Respondents

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lA NO: 4 OF 2024

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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 direct to stay all consequential actions, in the process of adhering or application of the Hon'ble High Court orders of dt.28-11-2023 in W.P. No. 29570 of 2023 pending disposal of this writ petition.

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Counsel for the Appellant(s): SRI. G.V.K.L NARAYANA

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Counsel for the Respondent No.1: SRI VENKATESWARA RAO GUDAPATI

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Counsel for the Respondents 2 to 6: GP FOR REVENUE

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The Court made the following; ORDER

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IN THE HIGH COURT OF Bench Sr.No:-4 ANDHRA PRADESH [3446]

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APHC010152232024

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SMS

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ANDHRA PRADESH AT AMARAVATI

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WRIT APPEAL NO: 307 of 2024

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Smt. Kucharlapati Vijaya Lakshmi and three Others

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...Appellant(s)

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Vs.

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Akshinthala Guru Prasad Gupta and five Others

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...Respondent(s)

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Sri G.V.K.L Narayana, Advocate for Appellants. Sri Venkateswara Rao Gudapati, Advocate for Respondent^No.1.

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GP for Revenue, Advocate for Respondent Nos.2 to 6.

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CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO

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DATE : 23rd April 2024

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PC :

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By virtue of the judgment and order impugned, dated 28.11.2023, the learned single Judge disposed of the writ petition with a direction to the concerned authority to consider the representation of the petitioner, dated 01.07.2023, within a period of three months from the date of receipt of the order passed by the writ Court.

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The grievance of the petitioner was with regard to the incorporation of the property of the petitioner in the prohibited list. The petitioner claimed that he was in possession of a decree from a civil Court, dated 06.01.2009 in OS.No.178 of 2004 on the file of the Court of the Senior

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2 HCJ & RRR,J WA 307 2024

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Civil Judge, Vizianagaram, declaring the father of the petitioner to be the owner of the property. It was in those circumstances that the petitioner had approached the writ Court.

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The learned single Judge, in view of the submission made by the official respondents that the representation submitted by the petitioner is under consideration, directed the respondents to consider and dispose of the same.

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Learned counsel for the appellants states that the appellants were not party respondents in the proceedings before the learned single Judge, however, the present appeal was filed after leave was granted to the appellants.

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In the present appeal, the appellants contest the right^and title of the writ petitioner - respondent No.1 herein. It is stated that the direction issued by the learned single Judge would severely prejudice the rights of the appellants herein.

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We have heard learned counsel for the parties. In our opinion, the direction issued by the learned single Judge was^{aninnocuousdirection} simply directing the concerned authority to consider the representation filed by the petitioner. We are of the opinion that the interest of justice would be served if the appellants herein are also heard in the matter by the concerned

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HCJ & RRR,J WA_307_2024

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authority while considering the representation so filed by the petitioner -

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respondent No. 1 herein.

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The Writ Appeal is disposed of accordingly. No order^astocosts.

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Miscellaneous applications pending, if any, shall stand closed.

SD/- V DIWAKAR

DEPUTY REGISTRAR

//TRUE COPY//

To,

Jhe Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi,Guntur District Andhra Pradesh.

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The District Collector, Vizianagaram District Andhra Pradesh.

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The Joint Collector-cum-Chairman of the Committee,

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Vizianagaram,Vizianagaram District Andhra Pradesh.

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The Revenue Divisional Officer, Vizianagaram District, Andhra Pradesh.

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The Tahsildar, Vizianagaram District, Andhra Pradesh.

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One CC to SRI. G.V.K.L NARAYANA Advocate [OPUC]

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One CC to SRI VENKATESWARA RAO GUDAPATI Advocate [OPUC]

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

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Three CD Copies

Madhu

MBT

/ ^

HIGH COURT

DATED: 23/04/2024

ORDER

WA.No.307 of 2024

DISPOSING THE WA WITHOUT COSTS

Smt. Kucharlapati Vijaya Lakshmi v. Akshinthala Guru Prasad Gupta

Case brief

What is this about?

What did the court decide?

Smt. Kucharlapati Vijaya Lakshmi v. Akshinthala Guru Prasad Gupta

Case brief

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What did the court decide?

What the court decided

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