Andhra Pradesh High Court - Amravati
Smt. Miriyala Sarojini vs The State Of Andhra Pradesh, on 24 March, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
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TUESDAY, THE TWENTY FOURTH DAY OF IVIARCH
TWO THOUSAND AND TWENTY ")
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:PRESENT: ()
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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA + H
WRIT PETITION NO: 6925 OF 2020
Between:
Smt. Miriyala Sarojini, Wo. Satyanandham aged 65 years, Occ Agriculture, R/o.
Yendagandi Village, Undi Mandal, West Godavari District
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department , Velagapudi, Amaravathi, Guntur District.
2. The District Collector, West Godavari District, at Eluru.
3. The Tahsildar, Undi Mandal, West Godavari District.
4. Ch. V.S.R. Ravi Kumar, S/o. Ch. Rama Raju, Aged 50 years, Occ. Agriculture,
R/o. Yendagandi Village, Undi Mandal, West Godavari District.
5. Ch. Satya Rajeswari, Wo. Ch. Satyanarayana Raju, Aged 70 years, Occ.
Agriculture, R/o. Yendagandi Village, Undi [r4andal, West Godavari District.
6. Smt. Ch. Lakshmi Narasaiah, Wo. Ramakrishnam Raju, Aged 87 years, Occ.
Agriculture, R/o. Yendagandi Village, Undi Mandal, West Godavari District.
. .. Res pondents
Petition under Article 226 of the Constitution of lndia 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 action of the Respondents No. 1 to 3 in proposing to construct
houses in a small area of Ac. 1-55 cents in Sy.No. 496, situated at Yendagandi Village,
Undi Mandal, West Godavari District, depriving the petitioner f'rom doing agricultural
operations in his land of Ac.O-60 cents in the same Surveynumber and closing down
the water supply channel to paddy fields, as illegal, arbitrary, irrational, violation of
principles of natural justice, violation of Article 21 of the Constitution of lndia, and
consequently direct the ftespondents not to proceed with any construction activity
pursuant to the consent declaration given by unofficial respondents No. 4 to 6, and to
protect the petitioner's land in Sy.No. 495/1A, to an extent of Ac.O- 30 Cents, at
Yendagandi Village, Undi Mandal, West Godavari District
lA 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 grant
stay of all further proceedings of any construction activity in Sy.No. 496, of Yendagandi
Village, Undi Mandal, West Godavari District by dropping the proposed consent
declaration given by the unofficial Respondents No.4 to 6 in order to protect the
petitioner's land of Ac.0-30 cents in Sy.No. 495/1A, of Yendagandi Village, Undi Mandal,
West Godavari District, Pending disposal of WP 6925 of 2020, on the file of the High
Court.
The petition/Appeal coming on for hearing, upon perusing the Petition and the
affidavit filedsupport thereof and upon hearing the arguments of Sri. M
in
RAIvIALINGESWARA REDDY, Advocate for the Petitioner, and GP FOR REVENUE
Advocate for the Respondents 1 to 3 and the Court made the following.
ORDER:
"When the matter is taken up for consideration, it is brought to the notice of the court that in respect of the same survey number, a learned single Judge of this court was pleased to pass interim orders in W.P.No. 6659 of 2020 on 17.03.2020.
ln view of the submissions made and having perused the material on record, there shall be an interim direction to respondents not to make any constructions or prepare for such constructions to be made by any persons authorized by them or through them, for a period of four (4) weeks.
List the case along with W.P.No. 6659 of 2020.
Learned counsel for the petitioner is permitted to take out personal notice on the unofficial respondents 4 to 6 by RPAD and file proof of service into Registry in the meanwhile."
SD/- B.NARASINGA RAO ASSISTANT REGISTRAR //TRUE COPY// b FoT ASSISTANT REGISTRAR To,
1. The Principal Secretary, Revenue Department , Velagapudi, Amaravathi, Guntur District. (by RPAD)
2. The District Collector, West Godavari District, at Eluru. (by RPAD)
3. The Tahsildar, Undl Mandal, West Godavari District. (by RPAD)
4. Ch. V.S.R. Ravi Kumar, S/o. Ch. Rama Raju, Aged 50 years, Occ. Agriculture, R/o. Yendagandi Village, Undi lVlandal, West Godavari District. (by RPAD)
5. Ch. Satya Rajeswari, Wo. Ch. Satyanarayana Raju, Aged 70 years, Occ. Agriculture, R/o. Yendagandi Village, Undi Mandal, West Godavari District. (by RPAD)
6. Smt. Ch. Lakshmi Narasaiah, Wo. Ramakrishnam Raju, Aged 87 years, Occ. Agriculture, R/o. Yendagandi Village, Undi lMandal, West Godavari District. (by RPAD)
7. One CC to SRl. M RAIVALINGESWARA REDDY, Advocate [OPUC] B. Two CCs to GP FOR REVENUE,H|gh Court Of Andhra Pradesh. [OUT]
9. One spare copy.
RJV HIGH COURT NJSJ DATED:2410312020 ORDER WP.No.6925 of 2020 '-a:-j_< :\ ,,.-\r 16 APB ztrT INTERIM DIRECTION