PESARA PUSHPAMALA REDDY versus G. VEERA SWAMY AND ORS.

PESARA PUSHPAMALA REDDY versus G. VEERA SWAMY AND ORS.

Reference to Mandal Revenue Officer is not mandatory under the Act and Rules; publication of notification in the Gazette is mandatory but procedural, and absence does not render proceedings void if parties had notice and suffered no prejudice.

Parties
Appellant: Pesara Pushpamala Reddy; Respondents: G. Veera Swamy and Others
Jurisdiction
India
Judgment Date
04 March 2011
Procedural Posture
Civil Appeal / Appeal Against High Court Order; Matter Remanded to High Court
Outcome
Appeals allowed; orders of the High Court set aside; matter remanded to the High Court for consideration on merits and necessity of reference to Mandal Revenue Officer.
Legal Topics
Land Grabbing, Procedural Requirements Under Andhra Pradesh Land Grabbing (prohibition) Act and Rules, Notice and Gazette Notification, Reference to Mandal Revenue Officer
Property Law Land Law Civil Procedure Land Grabbing Procedural Requirements Under Andhra Pradesh Land Grabbing (prohibition) Act and Rules Notice and Gazette Notification Reference to Mandal Revenue Officer

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Parties

Pesara Pushpamala Reddy

Appellant

G. Veera Swamy and Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order; Matter Remanded to High Court

Legal Issues

  1. 1 Is it mandatory for the Special Tribunal/Special Court to call for a report of the Mandal Revenue Officer before taking cognizance under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982?
  2. 2 Is it mandatory for the Special Tribunal/Special Court to publish a notification in the Andhra Pradesh Gazette notifying cognizance of a case under the Act?

Ratio Decidendi

Reference to Mandal Revenue Officer is not mandatory under the Act and Rules; publication of notification in the Gazette is mandatory but procedural, and absence does not render proceedings void if parties had notice and suffered no prejudice.

Court Disposition

Appeals allowed; orders of the High Court set aside; matter remanded to the High Court for consideration on merits and necessity of reference to Mandal Revenue Officer.

Orders

  • High Court orders dated 04.06.2007 and 05.06.2007 set aside.
  • Matter remanded to High Court for consideration of writ petitions on merits, including necessity of Mandal Revenue Officer's reference.