Andhra Pradesh High Court - Amravati
Valluri Jayaram vs State Of Andhra Pradesh on 30 April, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
(SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE THIRTIETH DAY OF APRIL, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No. 8330 of 2020 Between :- 1.Valluri Jayaram, S/o. Veeranna 2.Valluri Vijaya Lakshmi, W/o. Veeranna, ..Petitioners AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravati. 2. The District Collector, East Godavari District, Kakinada 3. Revenue Divisional Officer, Ramachandrapuram, East Godavari District 4, The Tahsildar, Mandapet, East Godavari District. ..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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Preliminary Notification, issued by the Respondent No.2 vide Ref.G4/497/2019, dated 30-1-2020 under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2014) whereby proposed to acquire agricultural land an extent of Ac.0.82 cents in Sy.No.976-3 belongs to Petitioner No.1 and Ac.0.24 cents in Sy.No. 976-4 betongs to Petitioner No.2 respectively situated at Mandapeta, Mandapeta Mandal, East Godavari District, without determining Social Impact and Public Purpose as required under Chapter Il and Chapter Ill of the Act 30 of 2013 and all consequential proceedings as arbitrary, illegal, unconstitutional, against principles of natural justice, and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, and rules made there under, and consequently set aside the same. |.A No, 1 of 2020 :- Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to grant stay of all further proceedings in pursuance of the Preliminary Notification issued by the Respondent No.2, vide Ref.G4/497/2019, dated 30-1-2020, including dispossession of the Petitioner No.1 from his land an extent of Ac.0.82 cents in Sy.No. 976-3 and Petitioner No.2 from her land an extent of Ac.0.24 in Sy.No. 976-4 respectively, situated at Mandapeta, Mandapeta Mandal, East Godavari District, Pending disposal of W.P.No. 8330 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 BOLLA VENKATA RAMA RAO, Advocate for the Petitioners and of the Govt. Pleader for Land Acquisition on behalf of respondents, the Court made the following ORDER :
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"Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition, who seeks time to file counter-affidavit.
Perused the averments made in the affidavit filed in support of the writ petition. The matter requires consideration after filing counter-affidavits by the respective respondents. In such view of the matter, there shall be interim direction as prayed for, with regard to the subject lands, for a period of six (6) weeks."
SD/- K. JAGANMOHAN DEPUTY REGISTRAR ah v / FTRUE COPY// Ep SECTION OFFICER Contd..2...
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To
4.The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati.
2. The District Collector, East Godavari District, Kakinada
3. The Revenue Divisional Officer, Ramachandrapuram, Fast Godavari District
4.The Tahsildar, Mandapet, Fast Godavari District. (Addressee Nos. 1 to 4 by RPAD)
5. Two CCs to the G.P. for Land Acquisition, High Court of A.P., at Amaravati(OUT)
6.One CC to Sri B.V. Rama Rao, Advocate(OPUC) 7,.One spare copy.
TKK HIGH COURT NJS.J DT.30-04-2020.
ORDER W.P.No. 8330 of 2020 INTERIM DIRECTION 1 ese