D G Nagi Reddy Vs Shaik Khader Basha

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE , PRESENT

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THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND

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THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 520 OF 2025

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Writ Appeal under Clause 15 of the Letters Patent Preferred gainst the order dated 13.02.2025 passed in I.A.No.2 of 2025 in^{WP.No.22974of2024on} the file of the High Court. Between:

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1 D.G.Nagi Reddy, son of late Devullapalli Chinna Gagni Reddy, aged about 62 years, Busniness, D.No.2-19, Nagireddy Colony, Kondareddyvaripalle Village, Filer Post & Mandal, Tirupathi Road, Annamayya District.

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Y.Shyamala, wife of Yerradoddi Naresh Reddy,58 years. Housewife, K.R.Palle Post, Doddipalli Village, Filer Mnadal, Annamayya District.

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Gulla Mahendranath Reddy, son of Gulla Raji Reddy, aged about 42 years. Business, D.No.1-118, Nandigadda Gramam Post, Sodum Mandal, Chittoor District.

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Gulla Raja Reddy, son of Gulla Venkata Reddy, D.No.1-118, aged about 67 years >) Business, Nandigadda Gramam Post, Sodum Mandal, Chittoor District.

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Rajampeta Khader Basha, son of Rajampeta Jabbar Saheb, D.No.1-59, Majara /

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3

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Jandrapeta, Madipatlavandlapalle Village & Post, K.V.Palli Mandal, Annamayya District.

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1. Y.Aruna, wife of YL.Venkata Ramana, 58 years, Housewife, D.No. 1-828, Timpathi Road, Piler Post & Mandal, Annama3^a District.

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1. K.Rajendra, son of Kadaionti Subramanayam Chetty, 69 years, Business, D.No.10-123-1, Majara Dadalavaripalle, Rompicherla Post and Mandal, Chittoor District.

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1. D.N.Abhiram Reddy, son of D.G.Nagi Reddy, aged about 27 years. Business, D.No.2-25, Nagireddy Colony, Kondareddyvaripalle Village, Piler Post & Mandal, Tirupathi Road, Annama5^a District. Nos. 17 85 34/18/20/21/29/31/32

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Versus 1 Shaik Khader Basha, son of late Shaik Silar Saheb, aged 78 years, Occ: Pensioner, R/o.H.No.37-549-1-4, Nehruy Nagar, Chinna Chowk, Kadapa District.

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...Appellants/ ...Respondents

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Nos. 17 85 34/18/20/21/29/31/32 85 72.

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...Respondent/ Petitioner

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The State of Andhra Pradesh rep. by its Principal Secretary Revenue Department, Secretariat, Velagapudi, Guntur District.

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The District Collector, Chittoor District517002.

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	4i	The- Secretary, Bodumallu varipaJle Gram Panchayat, Chittoor District-Pincode- 517214.
	5.	The Sub-Registrar, Piler Mandal, Chittoor District-Pincode-517214.
	6.	The Tahsildar, District)-Pincode-517214. Piler Mandal, Chittoor
	7.	The District Town & Country Planning Officer, O/o. The Chittoor-517002. District Collector,
	8.	The Executive Officer, Piler Gram Panchayat, Piler Mandal, Chittoor District- 517214. ■
I	9.	Dr.C.Sandeepo Kumar, son of Chintaparthi Chandraiah, D.No.1-258/2, Kavalipalli, Piler Post and Mandal, Chittoor District- 517214.
	10.	Neerugutti Renuka, wife Pallam Janardhan, Door No. 1/118, Gudarevulapalli, Piler Post and Mandal, Chittoor District-517214.
	11.	Pamidi Mahesh Gupta Chandraiah Shetty, D.No.7-20, Bazar, Piler Post and Mandal, District-517214. son of Pamidi Nehru Chittor
	12.	N.Amarnath Reddy, Baiyya Reddy, D.No.1-1157, Kotap^fi’Road, Piler Post and Mandal, Chittoor District- 517214. of Nagappagari son
5	13.	M.Ramesh Reddy, Krishnamurthy ■ son of Mutta Reddy,

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-17 -

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Chinnamanynnivaripalle, Agraharam Post, Doddipally Village, Filer Mandal, Chittoor Districts 17214.

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R-^ader Basha, son of R.Jabbar Saheb, UNO. 1-59, Jadrapeta, BodumalluvripaJli Chittoor District-517214.

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D.Giribabu, son of Dantham Sriramulu D.No.5-109/1, majaia Bandakindapally’ Yellam^da Post & yiHage, Marravaripale Mandal, Chittoor District-517214.

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U.Jyothi, wife of Sudhakar, D.No. 1-28 Morayapalli, Sivarampuram Post, Regalll illage. Filer Mandal, Chittoor District-

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517214,

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Ebbili Venkatramanaih, S/o E.Dharmaiah Chennareddy colony’

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Kondareddy variupalle Village, Filer post., and Mandal, Chittoor District-517214.

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T.Zahuruddin son of T.Basha, D. no.2-1566,

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Dilshad Nagar Filer Post & Mandal,

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Chittoor District-517214.

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D.Shobha, n M /1 j Dushetty Shankar, D.No.36/ld, Main Road Chinnagottiigallu Village and Mandal, Chittoor District517193.

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C.Dinesh Kumar, son ^ of Chintaparthy

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Chadraiah, D.No. 1-258/2, Kavalipalle, Filer Pot and Mandal, Chittoor Disrtict-517214.

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V.Amaranath Reddy, son of Vutukuri Venkata Reddy, Bandakindapalli Vilalge Rompcherla Mandal. Chittoor District-

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M.R.Goutam Kumar, son of late Miriyala Ramamurthy, D.No. 1-1246, G.V.Nagar, Kotapally-2, Filer Post 85 Man dal, Chittoor District, AP-517214.

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Dalali Rajaswari, wife of Dalali Surendra Raju, Maramreddy garipally. Yenaguntapally, Filer Post, Kondreddy garipally, Chittoor District-51714.

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M.R.Goutam Kumar, so of late Miryala Ramamurthy, D.No.4-314/5, Balajinagar, Girimpet, Chittoor Town, Chittoor District, AP-517002.

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M.Praveen Kumar Reddy, son of M.Doraswamy Reddy, D.No.4-657/1, L.B.S.Road & Street, Filer Post & Mandal, Chittoor District-517214.

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K.Venkata Naresh Babu, son of K.Reddappa Shetty, D.No. 1-81, Talapfula Village, Filer Post & Mandal, Chittoor District-517214.

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Chintaparthy Chandraiah, son of Chintaparthy Ramaiah, D.No. 13-7/13, Durga Colony, Kotigaripalle, Bodumllu varipalle Post, Filer Mandal, Chittoor District-517214.

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Varanasi Surendranath Reddy, son of Varanasi Chandrasekahar Reddy, D.No. 10159, Nehru Bazar Street, Filer Post & Mandal, Chittoor District-517214.

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Develapally Saritha, wife of Devulapally Srinivasula Reddy,, Nagireddy Colony, Tirupati Road, Filer Post & Mandal, Chittoor District-517214.

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Kutagal Nausheera, wife of Kutagal Syed Saheb, Kattuvakaluva Street, Filer Post and Mandal, Chittoor District-517214.

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Shaik Mohiddin Basha, son of Pirushaik Salam Saheb, Chennareddy Colony, Area Street, Filer Post & Mandal, Chittoor District-517214.

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Attar Syed Basha, son of Piru Attar Ibraihim Saheb, Mallelavari Street, Filer Post & Mandal, Chittoor District-517214.

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Attar Mahaboob Basha, son of Piru Attar Ibraihim Saheb, Mallelavari Street, Filer Post & Mandal, Chittoor District-517214.

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Shaik Munira, wife Shaik Abdul Jahir Saheb, Kallur Post, Puclicherla Mandal, Chittoor District-517214.

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Bukke Krishna Murthy, son of Bikke Somla Naik, D.No.1-61-1, Kavalipalle, Filer Post & Mandal, Chittoor District-517214.

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Nadumcherla Mallikarjuna, son of Piru Nadimcherla Venkata Ramana, Manchuru Village, Vayalapad Mandal, Chittoor District-517214.

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Bhumi Reddy Sharath Kumar Reddy, son of Bhumi Reddy Narasimha Reddy, Yellamanda Cross road. Filer Post & Mandal, Chittoor District-517214.

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\

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)

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Inheti Prabhakar, son of Injeti Reddeppa, Batavaripalle Post and Village, Kalakada Mandal, Chittoor District-517235.

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Peddaveeta Subbaiah son of Peddaveeta Uttaiah, Kambamvaripalle Village and Mandal, Chittoor Disrict-517213.

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Nachijuru Venkatesu, D.No. 1-80-4, Block1, Kavalapally Area, Piler Post & Mandal, Chittoor District-517214.

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Sahadev, D.No. 1-80-4, Block-l, Kavalapally Area, Piler Post & Mandal, Chittoor District517214.

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P.Srinivasulu, D.No. 1-80-4 Block-1, Kavalapally Area, Piler Post & Mandal, Chittoor District-517214.

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K.Lakshma Narasamma D.No. 1-80-4 Block-1, Kavalapally Area, Piler Post & Mandal, Chittoor District-517214.

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Gundluru Rajeswari, wife of Gundluru Venkata Ramana, Kavlipalle Village, Piler Post & Mandal, Chittoor District-517214.

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Gurram Chinna Sidda Reddy, son of Gurram Veera Reddy, Piler Post & Mandal, Chittoor District-517214.

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Gurram Chinna Machi Reddy, son of Gurram Veera Reddy, Piler Post & Mandal, Chittoor District-517214.

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Gundluru • Gangaiah, son of Gundluru Nagaiah, Piler Post & Mandal, Chittoor District-517214.

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48,	Gundluru Chinnappa, Nagesh, Filer Post & District-517214. son of Gundluru Mandal, Chittoor
49.	Gundluru Veeraiah, son of Gundluru Nagaiah, Filer Post & Mandal, Chittoor District-517214.
50.	Attar Ibrahim Saheb, son of Attar Khader Saheb, Mallelavariveedi, Mandal, Chittoor District-517214. Filer Post &
51.	Shaik Madar Saheb. son of Shaik Mohdin Saheb, Filer Post & Mandal, District-517214. Chittoor
52.	Jeripiti Krishnaiah, son of Jeripiti Gangaiah, R/o. Majara Kotapalle Village Filer Post & Mandal, 517214. Chittoor District-
53.	Malam Subbarama Chaiy, son of Malam Venkatarama Chaiy, Filer Post & Mandal Chittoor District-517214.
54.	Amaranath Reddy, son ofVutukuri Venkata Reddy, H.No.2-18-14, Tirupati Road, Filer Gramam & Mandal, ^ 517214.Doc.No.2010/2016. Chittoor- District-
55.	M.R.Gowtham, son of Miriyala Murthy, H.No.4-314, Balaji Nagar Girimpet, Chittoor Town, Chittoor District- 517002. Doc.No.2010/2016. Rama
56.	Dalali Rajeswari Raju, wife of Dalai Surendra Gramam, Filer Mandal, Yerraguntapally Bandakindapally Post,

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-517214.

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Chittoor District -517214.

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) Doc.No.1996/2016. 57. M.R.Goutham Kumar, son of late Miryala Ramamurthy, D.No.4-314/5, Balaji Nagar, Girimpiet, Chittoor Town, Chittoor District, AP 517002, Doc.No.1996/2016.

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1. Thimmaiah, son of K.Erra Reddappa, Balamvaripalle, Regallu Gramam, Filer Mandal, Chittoor District-517214.

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1. Nagaiah, son of K.Venkata Swamy, Marella Gramam, Kambamvaripalle Mandal, Chittoor District 517213.Doc.No. 1502/2003

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1. Chinnappa, son of K. Venkata Swamy, Marella ramam, Kambamvaripalle Mandal, Chittoor District 517213.

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V I" 62. Chandraiah, son of K.Venkata Swamy, Marella Gramam, Kambamvaripalle Mandal, Chittoor District 517213.

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63,. Krishaniah, son of Gundluru Chinnappa, Filer Post & Mandal, Chittoor District517214.

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1. Smt. D.Saritha, wife of D.Srinivasula Reddy, aged about 51 years, Occ: Housewife, R/o.H.No. 19-4-3, H/2A1, Nagi Reddy Colony, Filer Post, Annamayya District 517214.

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1. Sharan Kumar Reddy, son of Bhujeeveenam Bhumi Reddy Narasimha Reddy, aged about not known, Occinot known, R/o. Nagireddy Palem, Tirupati Road, Filer Post, Chittoor

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I District 517214.

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Smt. Saritha, D/o. Bhujivanam Reddy, aged about 36 years, Occ:Housewife, R/o.Nehfru Bazar Street, Filer, Chittoor District517214.

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Deepthika, D/o. Bhujivanam Varakasi Thirunatha Reddy, aged about 43 years, Occ: not known, R/o.Nehru Bazar Street, Filer Fost, Chittoor District 517214.

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Smt. Bhanu Rekha, wife of Bhujivanam Varakasi Thirunatha Reddy, aged 43 years, Occ: Nort known, R/o Nehru Bazar Street, Filer Fost, Chittoor District 517214.

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S.Srinivasulu Reddy, son of late S.Narayana Reddy, aged 43 years, Occ: Not known, R/o. Feddamallela Vilalge and Fost, Rompicherla Mandal,

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D.Dorababu, son of Desireddy Bhaskar Naidu, aged about 35 y^^s, Occ.not known, R/o. Nagiri, H/o.da}4.mnikyam Village & Fost Mandal, TirupatrDlstrict 517590.

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-71. Fathireddy Lakshimilatha, .wife of Fathireddy Raja Reddy, aged 8 years, Occ:House wife, R/o. Fathireddygaripalli, H/o.Vgalla, K.V.Falli Mandal, Annamayya District 517293.

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V.Manimala, wife of D.Karunakar Reddy, age 25 years, Occ: Not known, R/o. D.No. 1/63-6, Boti Cheruvu, Kadapa Town & District 516269. ... Respondents / Respondents

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\ lA NO: 3 OF 2025:

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in I.A.No.2 of 2024 in WP.No.22974 of 2024 dated 13.02.2025, pending disposal of the above said writ petition. ^

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Counsel for the Appellant(s):SRI. V SURENDRA REDDY - Counsel for the Respondents : SRI C M R VELU -- Counsel for the Respondents : GP FOR REVENUE ^ Counsel for the Respondents : GP FOR REGISTRATION AND

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STAMPS /

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The Court made the following: ORDER

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[3525]

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APHC010208772025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE SIXTH DAY OF MAY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT APPEAL NO: 520/2025

Between:

D G Nagi Reddy

...APPELLANT

AND

Shaik Khader Basha and Others

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...RESPONDENT(S)

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Counsel for the Appellant:

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1.VSURENDRA REDDY

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Counsel for the Respondent(S):

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1.CMRVELU

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2.GP FOR REVENUE

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3.GP FOR REGISTRATION AND STAMPS

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Mattegunta.Sudhir, Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats

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The Court made the following Judgment: (perHon’ble Sri Justice R. Raghunandan Rao) The 1 St respondent herein had filed W.P.No.22974 of 2024

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contending that the official respondents, in the Writ Petition, were not taking necessary steps to stop illegal constructions, in the^{land,toanextentofAc.9-} 86 cents, belonging to him, in Sy.No,658/2, of Bodumulluvaripail e Village Piler Mandal, Chittoor District.

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Subsequently, the respondent had moved I.A.No.2 of 2024, seeking to implead the private persons, who are said to be undertaking illegal constructions on the land claimed by the respondent, as the respondents 8 to 18 in the Writ Petition. This application was allowed by a Learned Single Judge of this Court, by way of an Order, dated 13.02.2025.^The Learned Single Judge after impleading these private persons as respondents 8 to 80 had also directed the learned counsel for the Writ Petitioner to take out personal notice in respect of the newly impleaded Unofficial respondents.

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Aggrieved by this Order of impleadment, dated 13.02.2025,^the appellants herein have approached this Court by way of the present Writ Appeal.

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Sri V. Surendra Reddy, learned counsel for the appellants contends that the said Order needs to be set aside as notice of the said application was not given to the appellants, prior to the passing of the Order. He would also contend that the appellants herein, ought to have been given an opportunity to resist the implead application, and failure to give such an opportunity would amount to a violation of the principles of natural justice as well as the Rules-8(a) of the High Court of Andhra Pradesh Writ Proceedings Rules, 1977 [for short “The Writ Rules, 1977”].

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Learned counsel for the petitioner would also rely upon the Judgment of a Constitutional Bench of the Hon’ble Supreme Court of India,ⁱⁿ

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the case of S.N. Mukerjee Vs. Union of lndia\ Specific reliance is placed on

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Paragraph No.39 of the said Judgment, which is extracted^{hereinbelow:-}

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"Paragraph No.39:- The object of the rules of natural justice "is to prevent miscarriage of justice" and secure "fair play in action". /As pointed out earlier the requirement about recording of reasons for its decision by an administrative authority exercising quasi-judicial^{functionsachieves} this object by excluding chances of arbitrariness and ensuring a degree of fairness in the process of decision-making. Keeping in view the expanding horizon of the principles of natural justice, we are of the opinion, that the requirement to record reason can be regarded as one of the principles of natural justice which govern exercise of power by administrative authorities. The rules of natural justice are not embodied^rules. The^extent of their application depends upon the particular statutory^{frameworkwhere} under jurisdiction has been conferred on the administrative authority." 6. For purposes of discussion, Rules-8(a) & 9(1) of the^Writ are extracted below:‘‘Rules- 8(a):- Every petition or application shall soon after it is numbered, be posted for orders of the Court as to issue of rule nisi or notice to the respondents. The Court may, upon hearing the petitioner or applicant or his advocate, either direct rule nisi or notice to issue and pass such interim orders as it may deem necessary, or reject the petition or application. Provided that an application for an interim order shall^not be posted for orders of court under this sub-rule, unless a period of not less than forty eight hours elapsed between the service of the copy of such application in accordance with Rule 7(a) on the Government^Pleaderor the Standing Counsel concerned;

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For purposes of discussion, Rules-8(a) & 9(1) of the^WritRules

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1977, are extracted below:-

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Provided further that notwithstanding anything contained in the first proviso, if the applicant files an affidavit stating that the object of obtaining an order would be defeated by the delay of forty-eight hours, the application may be posted for orders of court soon^{afteritisnumbered} and the court may, if it opines that the object of granting the order would be defeated by the delay of forty-eight hours, pass^an order in the absence of the Government Pleader or Standing Counsel concerned recording the reasons for the said opinion, fix a date for hearing and require the applicant to deliver to the Government Pleader or StandingCounsel concerned a gist of the said order informing^{thedatefixedfor} hearing and file into court on the day immediately following the day on which the order i/i^as passed, proof of its delivery.

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“Rule-9(1):- Where any party against whom an interim order whether by way of injunction or stay or in any other manner, is made on, or in any proceeding relating to, a petition under clause (1) of Article 226 of the Constitution, without -

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^(1990) 4 see 594

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{a) furnishing to such party copies of such petition and ail documents in support of the plea for such interim order: and

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(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High court^{isclosedonthelast} day of that period, before the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated. ”

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Rules-8(a) of the Writ Rules, 1977, stipulates that every petition or application, after it is numbered, should be placed before the Court for a determination as to whether rule nisi should be issued or notice to the respondent should be issued and whether interim orders, as deemed necessary should be passed or whether the petition or application should be rejected. Similarly, Rule-9(1) of the Writ Rules, 1977, states that every party, against whom an interim order is made, shall be furnished with copies of the petition and an opportunity of hearing by way of filing an application for vacation of such order should be given. A time limit^oftwo weeks^isalsofixed for the disposal of any such application which is received.

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Neither of these Rules stipulate that prior notice^{totheaffected} party is mandatory and that no interim order can be passed without notice to the affected party.

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The passage, in the case of S.N. Mukerjee Vs. Union of India,^ relied upon by the learned counsel for the appellants, laid down the principle that an administrative authority, exercising quasi-judicial functions should give

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^1990 4 see 594

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reasons for passing an order so that the principles of natural justice which govern administrative action are applied.

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In the present case, the respondent has made an allegation against the private respondents 8 to 80, that they are in illegal occupation of his land and that the constructions made, by them, on this land are illegal. It is on account of these allegations, that the Learned Single Judge appears to have directed that these respondents be impleaded so that they have an opportunity of meeting the claims and allegations made against them by the 1®* respondent.

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We do not find any reason to interfere with such an Order of the Learned Single Judge. It is in fact to the benefit of the appellants that they are being impleaded and are being given an opportunity to rebut the allegations made against them by the 1®‘ respondent.

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