Andhra Pradesh High Court - Amravati
Dindi Roja vs State Of Ap on 7 January, 2021
Author: D Ramesh
Bench: D Ramesh
. [ 3208 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ere (Special Original Jurisdiction) Z THURSDAY , THE SEVENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 25531 OF 2020 Between: 1. Dindi Roja, W/o Eswara Rao ¥2 Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati. The District Collector, Vizianagaram District, Vizianagaram. The Tahsildar,, Bobbili Mandal, Bobbili, Vizianagaram District. Pata Bobbili Grama Panchayat,, Rep. by its Secretary, Pata Bobbili, Bobbili Mandal, Vizianagaram District. Pon 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents trying to allot the land an extent of Ac.0-14.48 cents / 700.88 square yards in Sy.No.265/2 of Telagaveedhi, Old Bobbili, Bobbili Municipality, Vizianagaram District, to construct a Grama Sachivalayam and Anganivadi Centre by dispossessing the petitioner from the ancestral property without following the procedure contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), as illegal, arbitrary, without jurisdiction, colourable exercise of power and contrary to the provisions of the Registration Act, 1908, contrary to the provisions of Andhra Pradesh Dotted Lands updation in Resettlement Act 2017 (Act 10 of 2017 w.e.f. 14.06.2017), contrary to law laid down by this Honourable Court and violation of principles of natural justice, violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the aforesaid land. IA NO: 1 OF 2020 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 interfere with the land an extent of Ac.0-14.48 cents / 700.88 square yards in Sy.No.265/2 of Telagaveedhi, Old Bobbili, Bobbili Municipality, Vizianagaram District, belonging to the petitioner, pending disposal of WP No. 25531 of 2020, on the file of the High Court. The Court made the following ORDER:
Sri Manohar Reddy, learned Standing Counsel takes notice on behalf of the 4 . respondent.
There shall be an interim direction to the respondents not to interfere with the subject land of the petitioner, if she is in possession of subject land, without following due process of law.
Post the matter after four (4) weeks. Sd/- G Srinivas Re ASSISTANT REGISFRAR ITTRUE COPY// For ASSISTANT REGISTRAR WN COND Skm . The Principal Secretary, Revenue Department, State of A.P., Secretariat Building, Velagapudi, Amaravati. The District Collector, Vizianagaram District, Vizianagaram. The Tahsildar, Bobbili Mandal, Bobbili, Vizianagaram District. The Secretary, Pata Bobbili Grama Panchayat, Pata Bobbili, Bobbili Mandal, Vizianagaram District. (Addressee Nos 1 to 4 by RPAD) Two CC to Sri Manohar Reddy, Standing Counsel (OPUC) Two CCs to GP for Revenue, High Court of A.P., at Amaravati (OUT) One CC to Sri Ramaikrishna Pativada, Advocate (OPUC) One spare copy HIGH COURT DR,J DATED:07/01/2021 NOTE: Post the matter after four (4) weeks. ORDER WP.No.25531 of 2020 DIRECTION