Andhra Pradesh High Court - Amravati
Muddala Ramakrishna, vs The Tahsildar, on 20 May, 2021
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
(SHOW CAUSE NOTICE BEFORE ADMISSION) | IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ° , (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF MAY, » . 'TWO THOUSAND AND TWENTY ONE' a : PRESENT: THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR ~ WRIT PETITION NO: 10241 OF 2021 . Between: Se , Muddala Ramakrishna, S/o Late Obayya. "Petitioner AND The Tahsildar, Kadapa. The Revenue Divisional Officer, Kadapa. The District Collector, Kadapa. The State of Andhra Pradesh, Represented by its Principal Secretary (Revenue), Velagapudi, Amaravathi, Guntur District RON | Respondents
WHEREAS the Petitioner above named through his Advocate Sri K Sarva Bhouma Rao 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 an appropriate Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents in attempting to forcibly dispossess me from my land extending to 2 Acres 39 Cents in Sy.No. 998 of Ukkayapalli, Patha Kadapa Panchayati, Kadapa Mandal, Kadapa District which was assigned to.my mother and which was bequeathed to me by her without. initiating any proceedings of resumption or any. land acquisition proceedings and in. attempting to divide it into.plots and induct third parties into it without issuing any notice or passing any order and without giving me an opportunity of being heard as illegal, arbitrary, unjust, mala fide and against the principles of natural justice and consequently direct the Respondents not to interfere with my possession and enjoyment of the said land except under due process of law.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing.the arguments of Sri' K Sarva Bhouma Rao, Advocate for the Petitioner and GP for Revenue for Respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Tahsildar, Kadapa.
2. The Revenue Divisional Officer, Kadapa.
3. The District Collector, Kadapa. ~ a
4. The Principal Secretary (Revenue), State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District are 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.
IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass an interim order directing the Respondents not to interfere with my possession of the land extending to 2 Acres 39 Cents in Sy.No. 998 of Ukkayapalli, Patha Kadapa Panchayati, Kadapa Mandal, Kadapa District in any manner, pending disposal of WP No.10241 of 2021, on the file of the High Court.
The Court made the following: ORDER ~ "Notice before admission.
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue, who takes notice on behalf of the respondents, and seeks time to get instructions.
A perusal of the material papers filed in support of the writ petition clearly show that the petitioner's family is in possession and enjoyment of the land in an extent of Ac.1.83 cents situated in Survey No.473 and an extent of Ac.2.39 cents in Survey No.998 of Ukkayapalli, Patha Kadapa Panchayati, Kadapa District, since the times immemorial. The petitioner's family are enjoying the said lands by cultivating the same. The case of the petitioner is that his father came into possession of the said lands from his ancestors. In support of his contention, the petitioner also relies upon the Possession Certificate dated 02.07.1989 issued by the Mandal Revenue Officer certifying the possession and enjoyment of the mother of the petitioner. The petitioner also placed on record D-form patta issued by the Tahsildar in favour of the mother of the petitioner.
The grievance of the petitioner is that the respondent authorities, without having any resumption orders or without initiating any land 'acquisition proceedings, are trying to dispossess the petitioner, on the ground that the subject land is proposed to he allotted to the landless poor persons. Challenging the same, the present writ petition came to be filed." © Having regard to the facts and circumstances stated above, status quo _ obtaining as on today shall be maintained with regard to the property in dispute in all respects for a period of six weeks. -- - SS List the matter on 12.07.2021."
Sdi/- V. Diwak.
wee o a TRUE COPY! --
To, .
The Tahsildar, Kadapa.
The Revenue Divisional Officer, Kadapa.
The District Collector, Kadapa. :
BON > The Principal Secretary (Revenue), State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District (1 to 4 by RPAD- along with a copy of petition and a (davit) . o. CC to Sri K Sarva Bhouma Rao, Advocate [OPUC] .
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. One spare copy } . -
SP oi HIGH COURT CPKJ DATED: 20/05/2021 LIST THE MATTER ON 12.07.2021. :
NOTICE BEFORE ADMISSION WP.No.10241 of 2021 EBRD SS ye ep -
. eos 4k ere AS ayy : 3 i? 4 MAY 2021 a H 3 ; ryt} sER : : EMH Lye, : : ees . Wren "
Vy SN, a STATUS QUO