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Andhra Pradesh High Court - Amravati

Jakkamsetty Narayanamma, vs The State Of Andhra Pradesh on 29 July, 2020

Author: D Ramesh

Bench: D Ramesh

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE TWENTY NINETH DAY OF JULY,
TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 12681 OF 2020

  

Between:
4. Jakkamsetty Narayanamma, W/o.Venkata Ramana, Aged 59 years, R/o.D.No.5-
35, Kontheru Village, Elamanchili Mandal, West Godavari District
2. Jakkamsetty Venkata Ramana, S/o.Brahmam, Aged 65 years, R/o.D.No.5-35,
Kontheru Village, Elamanchili Mandal, West Godavari District
.. Petitioners
AND

--_

The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue
Department, Secretariat, Velagapudi, Amaravathi, Guntur

The District Collector, West Godavari District at Eluru

The Revenue Divisional Officer, Narsapur, West Godavari District

The Tahsildar, Elamanchili Mandal, West Godavari District

The Kontheru Gram Panchayat, Kontheru Village, Elamanchili Mandal, West
Godavari District, rep.by its Secretary

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...Respondents

WHEREAS the Petitioners above named through their Advocate Sri P DURGA
PRASAD 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 of Mandamus or any other appropriate writ, order or direction,
declaring the action of the respondents 2 to 5 herein in interfering and threatening to
dispossess the petitioners from the House bearing No.5-35 constructed in 137 Sq.yards
and the land admeasuring 80 Sq.yards situated at R.S.No.224 of Kontheru Village,
Elamanchili Mandal, West Godavari District without issuing any notice and without
following due process of law as illegal, arbitrary, without jurisdiction and violative
Articles 14, 21 and 300-A of Constitution of India and also violative of principles of
natural justice.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri P.Durga Prasad, Advocate for the
Petitioner and GP for Revenue for the Respondent Nos 1 to 4 and Sri | Koti Reddy,
Advocate for the Respondent No.5, directed issue of notice to the Respondents herein
to show cause as to why this WRIT PETITION should not be admitted.

You viz:
4. The Principal Secretary, Revenue Department, State of Andhra Pradesh,
Secretariat, Velagapudi, Amaravathi, Guntur
The District Collector, West Godavari District at Eluru
The Revenue Divisional Officer, Narsapur, West Godavari District
The Tahsildar, Elamanchili Mandal, West Godavari District
The Secretary, Kontheru Gram Panchayat, Kontheru Village, Elamanchili
Mandal, West Godavari District.

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are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before
05-08-2020, on which date the case stands posted for hearing.
 

IA_NO: 1 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 2 to 5 herein not to interfere and not to dispossess the petitioners from the
House bearing No.5-35 constructed in 137 Sq.yards and the land admeasuring 80
Sq.yards situated at R.S.No.224 of Kontheru Village, Elamanchili Mandal, West
Godavari District, pending disposal of WP No. 12681 of 2020, on the file of the High
Court.

The Court made the following:
ORDER:

"Notice before admission. Sri |.Koti Reddy, learned standing counsel, appearing for 5" respondent seeks time to get instructions. Post after one week.

In the meanwhile, respondents are directed not to dispossess the petitioners from the subject land." SD/- M Suryanadh Reddy ASSISTANT REGISTRAR ITTRUE COPY!/ YL For assreran Me RereaR The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur The District Collector, West Godavari District at Eluru The Revenue Divisional Officer, Narsapur, West Godavari District The Tahsildar, Elamanchili Mandal, West Godavari District The Secretary, Kontheru Gram Panchayat, Kontheru Village, Elamanchili Mandal, West Godavari District. (Addresses 1 to 5 by RPAD- along with a copy of petition and memorandum of grounds) One CC to Sri. P.Durga Prasad, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Panchaya Raj, High Court of AP [OUT] One spare copy To,

--_ ak WN ONO MM HIGH COURT DRJ DATED:29/07/2020 NOTE: POST AFTER ONE WEEK NOTICE BEFORE ADMISSION WP.No.12681 of 2020 DIRECTION