Andhra Pradesh High Court - Amravati
Kommala Munuswamy vs The State Of Andhra Pradesh, on 4 February, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
[ 3209 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE FOURTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 2472 OF 2021 Between: Kommala Munuswamy, S/o Kommala Kataiah, Shodavaram Yellaiah, S/o Ellaiah, Pilli Chellaiah, S/o Pilli Venkataiah, Kommala Munuswamy, S/o Kommala Nallaiah, Kommala Devakumar, S/o Kommala Munuswamy, Thonda Nadipeiah, S/o Peda Nagaiah, Oaronn Petitioner AND 1. The State of Andhra Pradesh, rep. by it's Principal Secretary, Revenue Department, rep by its Pri. Secretary, Secretariat, Velagapudi Village, Guntur District. The District Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, , Naidupeta Division, SPSR Nellore District. The Tahsildar, Thada Mandal, SPSR Nellore District. The Thada Grampanchayat, Thada Village, SPSR Nellore District, rep. by it's Panchayat Secretary. . akwn 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 to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of respondents in proposing to convert the land admeasuring Ac. 2-27 cents in Survey No. 22-39 of Thada Village and Mandal, SPSR Nellore District into house site pattas and proposing to allot house site pattas to 'the poor under "NAVARATNALU PEDALANDARIKI ILLU" scheme as illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of AP Panchayat Raj Act and Board Standing orders, and consequently direct the respondents not to change the nature of land and not to allot any house sites pattas in the land admeasuring Ac. 2.27 cents situated in Survey No. 22-39 of Thada Village, Thada Mandal, SPSR Nellore District, which is classified as Mandabayalu/ Village Poramboku. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to DIRECT the respondents, not to change the nature of land and not to allot any house site pattas in the land admeasuring Ac. 2.27 cents situated in Survey No. 22-39 of Thada Village, Thada Mandal, SPSR Nellore District, which is classified as Mandabayalu/ Grazing land / Village Poramboku, pending disposal of WP 2472 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Sreenivasa Rao Velivela Advocate for the Petitioners, GP for Revenue for Respondent Nos 1 to 4, and Sri V. Vinod K. Reddy, Standing Counsel for Respondent No.5, the Court made the following ORDER:
Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue, who seeks further time to get instructions in the matter. | The grievance of the petitioners in the present Writ Petition is that the respondents are taking steps to assign house site pattas in mandabayalu / grazing land and that the same is contrary to the Board Standing Orders.
Learned counsel places reliance on the latest adungals dated 28.01.2021. .
In view of the submissions and perusing the material filed along with the record, there shall be an interim direction as prayed for.
List this matter after four (4) weeks. Oa LO Sd/-T.Madhavi ASSISTANT REGISTRAR /ITRUE COPY// LA For SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of A.P., Secretariat, Velagapudi Village, Guntur District. The District Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, , Naidupeta Division, SPSR Nellore District. The Tahsildar, Thada Mandal, SPSR Nellore District. The Panchayat Secretary, Thada Grampanchayat, Thada Village, SPSR Nellore District,. (Addressee Nos 1 to 5 by RPAD) One CC to Sri. Sreenivasa Rao Velivela Advocate [OPUC] Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT] One CC to Sri V. Vinod K. Reddy, Standing Counsel (OPU) One spare copy akwWN Oo ONO Skm HIGH COURT NJS,J DATED:04/02/2021 NOTE: LIST THE MATTER AF TER FOUR WEEKS ORDER WP.No.2472 of 2021 DIRECTION TN FFR P21