Andhra Pradesh High Court - Amravati
Kollati Yedukondalu vs . The State Of Andhra Pradesh on 16 December, 2020
Author: D Ramesh
Bench: D Ramesh
[ 3208 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE SIXTEENTH DAY OF DECEMBER, On Oe TWO THOUSAND AND TWENTY a : PRESENT: We THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 23758 OF 2020 Between: ~ 1. Kollati Yedukondalu, S/o. Suryanarayana, R/o. D.No.1-18, Mogaltura Main Road, Mutyalapalli Village, Mogalthur Mandal, West Godavari District, Andhra Pradesh. 2. Kollati Murali, S/o. Kollati Suryanarayana, R/o. H.No.1-19, Mogaltura Main Road, Mutyalapalli Village, Mogalthur Mandal, West Godavari District, Andhra Pradesh. 3. Kollati Nageswara Rao,, S/o. Kollati Suryanarayana, R/o. H.No.1-23, Mogaltura Main Road, Mutyalapalli Village, Mogalthur Mandal, West Godavari District, Andhra Pradesh. 4. Kollati Yesu, S/o. Kollati Suryanarayana, R/o. H.No.1-21, Mogaltura Main Road, Mutyalapalli Village, Mogalthur Mandal, West Godavari District, Andhra Pradesh. Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, West Godavari District at Eluru. 3. The Revenue Divisional Officer, Narsapur Revenue Division at Narsapur, West Godavari District. 4. The Tashildar, Mogalthur Mandal, West Godavari District. 5. Mutyalapalle Gram Panchayat, Rep. by its Panchayat Secretary, Mogalthur Mandal, West Godavari District. 6. Village Revenue Officer, Mutyalapalle village, Mogalthur Mandal, West Godavari District, State of Andhra Pradesh. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased writ of Mandamus, declaring the high handed action of the Respondents and _ their subordinate, in constructing Village Secretariat Building and Rythu Barosa Kendram in the property, exclusively belongs to petitioners situated in R.S.No.74/3, an extent of Ac 0.24 cents, of Mutyalapalli Village, Mogaltur Mandal, West Godavari District, without following due process of law, as already assigned to the Petitioners and their father and also issued pattadhar passbook and Revenue Title Deed, which is illegal, irregular, arbitrary, against to the Principles of Natural Justice and violation of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, apart from The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to construct Village Secretariat Building and Rythu Barosa Kendram in the property, exclusively belongs to petitioners situated in R.S.No.74/3, an extent of Ac 0.24 cents, of Mutyalapalli Village, Mogaltur Mandal, West Godavari District IA NO: 4 OF 2020 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 the Respondents not to construct Village Secretariat Building and Rythu Barosa Kendram in the property, exclusively belongs to petitioners situated in R.S.No.74/3, an extent of Ac 0.24 cents, of Mutyalapalli Village, Mogaltur Mandal, West Godavari District, pending the above writ petition and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case, pending disposal of WP 23758 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI DASARI SV VS V PRASAD Advocate for the Petitioners, and of SRI | KOTI REDDY for Standing Counsel for respondent Nos.3 & 6, the Court made the following. ORDER:
"At request of Sri I.Koti Reddy, learned Standing Counsel for Gram Panchayat, post on 21-12-2020. Meanwhile, the respondents are directed to maintain Status-quo, as on today".
SD/-K.JAGAN MOHAN DEPUTY FGISTRAR IITRUE COPY// En SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, West Godavari District at Eluru. The Revenue Divisional Officer, Narsapur Revenue Division at Narsapur, West Godavari District.
The Tashildar, Mogalthur Mandal, West Godavari District. Mutyalapalle Gram Panchayat, Rep. by its Panchayat Secretary, Mogalthur Mandal, West Godavari District. Village Revenue Officer, Mutyalapalle village, Mogalthur Mandal, West Godavari District, State of Andhra Pradesh. (Addresses 1 to 6 by RPAD) One CC to SRI. DASARI S VV S V PRASAD Advocate [OPUC] One CC to SRI I.KOTI REDDY, Standing Counsel [OPUC]
- One CC to GP FOR REVENUE, High Court of AP [OUT]
0.One spare copy oO ak WD a 4 HIGH COURT DRJ DATED:16/12/2020 POST ON 21.12.2020 ORDER WP.No.23758 of 2020 STATUS QUO