Andhra Pradesh High Court - Amravati
Pallimeni Lakshmi Narsa Reddy vs The Union Of India 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: 12657 OF 2020 Between: 1. Pallimeni Lakshmi Narsa Reddy, S/o BangaruReddy. 2. SomisettyNancharayya, S/o Gopalaswamy. 3. PonnegantiAtchayya, S/o Narayana. ...Petitioners AND The Union of India, Rep. by its Secretary, Ministry of Road Transport, New Delhi. The Competent Authority Land Acquisition Officer, Joint Collector-I!, Guntur, Guntur District. The Project Director, PIU National Highway Authority of India, Machilipatnam, Krishna District. The Tahsildar, Bapatla Mandal, Guntur District. - 8 N= ...Respondents
WHEREAS the Petitioners above named through their Advocate Sri D Krishna Murthy 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 in threatening to dispossess the petitioners from their lands in Sy.Nos.1016/1, 1016/2, 1016/3 and 1014/2 of West Bapatla village, Bapatla Mandal, Guntur District, without acquiring their land and following due process of law under National Highways Act, 1956, as illegal, arbitrary and violative of Articles 21 and 300A of the Constitution of India.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri D Krishna Murthy Advocate for the Petitioners, Sri N.Harinath, Standing Counsel for Respondent No.1 and of GP for Land Acquisition for Respondents No.2 & 4, directed issue of notice to the Respondents, returnable in four weeks, to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Secretary, Union of India, Ministry of Road Transport, New Delhi.
2. The Competent Authority Land Acquisition Officer, Joint Collector-ll, Guntur, Guntur District.
3. The Project Director, PIU National Highway Authority of India, Machilipatnam,
- Krishna District.
4. The Tahsildar, Bapatla Mandal, 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 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 not to dispossess the petitioners from their lands in Sy.Nos.1016/1, 1016/2, 1016/3 and 1014/2 of West Bapatla village, Bapatla Mandal, Guntur District, pending disposal of WP No.12657 of 2020, on the file of the High Court.
The Court made the following: ORDER "Notice before admission.
Notice returnable in four weeks.
There shall be interim direction to the respondents, not to dispossess the | petitioners from the subject lands, without following due process of law under National Highways Act, 1956.
Meanwhile, respondents are directed to file their counters."
Sd/- M. SURYANADHA REDDY . ASSISTANT REGISTRAR TRUE COPY! :
For ASSISTANT | GISTRAR To,
4. The Secretary, Union of India, Ministry of Road Transport, New Delhi. 2 The Competent Authority Land Acquisition Officer, Joint Collector-ll, Guntur, Guntur District.
3. The Project Director, PIU National Highway Authority of India, Machilipatnam, Krishna District.
4. The Tahsildar, Bapatla Mandal, Guntur District. (1 to 4 by RPAD- along with a copy of petition and memorandum of grounds) One CC to Sri D Krishna Murthy, Advocate [OPUC] One CC to Sri N.Harinath, Standing Counsel [OPUC] Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT] One spare copy orn on SP HIGH COURT DRJ DATED: 29/07/2020 NOTICE BEFORE ADMISSION WP.No.12657 of 2020 INTERIM DIRECTION jt of