Andhra Pradesh High Court - Amravati
Guruju Muthyala Rao vs The State Of Andhra Pradesh on 15 May, 2020
Author: Battu Devanand
Bench: Battu Devanand
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(SHOW CAUSE NOTICE BEFORE ADMISSION) Hoe? 4
IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR) AN HA
FRIDAY, THE FIFTEENTH DAY OF MAY e
TWO THOUSAND AND TWENTY SO
: PRESENT: "eae
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION NO: 8646 OF 2020
Between:
1. Guruju Muthyala Rao, S/o Guruju Veera Venkata Satyanarayana, R/o D.No.
27A-1-17 Palakolu town, Palakolu Mandal, West Godavari District.
2. Koppinedi sudheer Kumar, Silo Maheshwara Rao, R/o D.No. 5-5/1 Kalipatnam
Village, Mogalthuru Mandal, West Godavari District.
3 Basava Surya Bhaskara Rao, S/o Basava Satyanarayana Murthy, R/o D.No. 2-
586 Sakinetipalli Village, Sakinetipalli Mandal, East Godavari District
Petitioners
AND
4. The State of Andhra Pradesh, rep.by its principal secretary, Revenue
Department, (Land Acqusition Wing ) Secretariat Buildings, Amaravathi.
The District Collector,, Eluru, (Land Acausition Wing ) West Godavari District.
_ The Revenue Divisional Officer,, Narsapuram,(Land Acqusition Wing ) West
Godavari District.
The Thasildhar,, Palakolu Mandal, West Godavari District.
Mis Bhadrakali Reality Group, Registered No. 56/2012 represented by its
managing partner Arigela Veera Venkata Satya naidu Aged about 47 years, R/o
D.No.9-1-88/5 Nadipudi Village, Amalapuram Mandal, East Godavari District
Respondents
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oe
WHEREAS the Petitioner above named through their Advocate SRI PRK
AMERANDRA KUMAR presented this 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 a Writ, Order or direction more particularly one in the
nature of Writ of Mandamus to declaring the impugned notification at 14-1-2020 in
Roc.No.E1777380/2020/F2 of the 2nd respondent under section 11(1) for the purpose
of House sites under Navarathnalu scheme inrespect of the lands in survey No. 469/2A
an extent of 0.35 cents, 469/2B an extent of 0.65 cents, 469/3A an extent of 0.10 cents,
469/4 an extent of 0.60 cents, 470/1A an extent of 0.09 cents, 470/1B an extent of acre
4.40 cents, 470/2A an extent of 0.20 cents,470/2B1 an extent of acre 2.05 cents
(coconut garden and fertile lands) situated at Lankala Koderu Village, Palakolu Mandal,
West Godavari District, as illegal arbitrary and contrary to the provisions of the Right to
fair compensation and transperancy in land acquistion Rehabilitation and Resettlement
Act 2013 and violative of the article 44,16 and 21 and 300A of the constitution of India
and set a side the same and consequentially suspend the impugned notification dated
44.01.2020 of the 2nd respondent
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri P R K AMERANDRA KUMAR Advocate
for the Petitioner, and of Government Pleader for Land Acquisition for Respondent Nos.
4 to 4, directed issue of notice to the Respondent No.5 herein to show cause as to why
this WRIT PETITION should not be admitted.
You viz:
Arigela Veera Venkata Satya Naidu, Managing Partner, M/s Bhadrakali Reality Group,
Registered No. 56/2012 Aged about 47. y Rio D.No.9-1-88/5 Nadipudi Village,
Amalapuram Mandal, East Godavari.D :
are directed hrough an Advocate, as to
why. in the: idavit-filed therewith (copy
enclosed
The Court made the following:
ORDER:
"Notice before admission.
issue notice to respondent No.5.
The petitioners are permitted to take out personal notice to respondent No.5.
Post the writ petition after three weeks.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 4.
This writ petition is filed against the Notification dated 14.1.2020 in Roc.No.E-1777380/2020/F2 of the 2™ respondent under Section 11(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for the purpose of House sites under Navarathnalu scheme in respect of the lands in survey No.469/2A an extent of Ac.0.35 cents, 469/2B an extent of Ac.0.65 cents, 469/3A an extent of Ac.0.10 cents, 469/4 an extent of Ac.0.60 cents, 470/1A an extent of Ac.0.09 cents, 470/1B an extent of Ac.1.40 cents, 470/2A an extent of Ac.0.20 cents, 470/2B1 an extent of Acs.2.05 cents (coconut garden and fertile lands) situated at Lankala Koderu Village, Palakolu Mandal, West Godavari District, as illegal and arbitrary.
It is submitted by learned Assistant Government Pleader that the impugned Notification is only preliminary Notification calling for the objections. He further submits that the persons whose names are mentioned in the Notification and all other affected persons also can submit their objections before the Competent Authority.
Considering the fair submission made by learned Assistant Government Pleader, the petitioners are permitted to submit their objections, if any, against the impugned Notification before the Competent Authority i.e., 2°4 respondent, within a period of one week from today. On receipt of the objections submitted by the petitioners, the 2™ respondent shall examine and consider the same, and after hearing all the parties, he shall pass appropriate orders in accordance with law, as expeditiously as possible, and communicate the same to the petitioners.
Till such time, the impugned Notification is kept under abeyance with regard to the extents and survey numbers of the lands mentioned in the writ petition."
Sana ae toes At SD/- K. JAGANMOHAN DEPUTY REG TRUE COPY! eA To,
4. Arigela Veera Venkata Satya Naidu, Managing Partner, M/s B Group, Registered No. 56/2012 Aged about 47 years Nadipudi Village, Amalapuram Mandal, East Godavari District with a copy of petition and memorandum of grounds) One CC to SRI. P R K AMERANDRA KUMAR Advocate [ Two CCs to GP FOR LAND ACQUISITION, High Court of An [OUT]
4. One spare copy wh HIGH COURT DEVJ DATED:1 5/05/2020 NOTICE BEFORE ADMISSION WP.No.8646 of 2020