Andhra Pradesh High Court - Amravati
Chetty Dhananjaya, vs The State Of Andhra Pradesh on 10 November, 2020
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE TENTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH-~~ WRIT PETITION NO: 19581 OF 2020 _ Between: Chetty Dhananjaya, S/o Rangayya, Hindu, aged 66 years, Rtd employee Scheduled Tribe by caste: Valmiki, presently residing D.No.1-18 Varahagirinagar Colony, Geetham University post, Endada, Visakhapatnam-45. permanent native of Tajangi Village, Chintapalli mandal, Visakhapatnam District. ...Petitioner -- AND 1. The state of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, A.P. Secretariat Velagapudi,Gunturu District-522002. 2. Agency subjudge cum sub-Collector, Paderu Village and post -531024, Visakhapatnam District, 3. Duru. Rajarao, S/o Pandayya S.T, aged about 42 years, cultivation, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 4. Bobbili Peda Kamesh, S/o Ramanna, S.T, aged about 50 years, cultivation, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 5. Bobbili Eswararao, S/o Errayya, S.T., aged about 43 years, Mason, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 6. Bobbili Chinnarao, S/o Pedalaksmayya S.T, aged about 36 years, cultivation, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 7. Bobbili Laksmayya, S/o Chinnayya, S.T. aged about 36 years, Cultivation, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. ...Respondents -- WHEREAS the Petitioner above named through his Advocate Sri THOTA S VL NARASIMHASWAMY 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 or order or direction more particularly one in nature of writ of mandamus declaring the action of respondent 2™ in collusion with unofficial respondents 3 to 7 herein by depriving the petitioner peaceful possession and enjoyment of the land in dispute as illegal, arbitrary, unjust, unlawful and violative of ArticleS14, 21, 32, 39-A and 300-A of the constitution of India and violative of statutory provisions laid down under order 39 Rule 1 and 2 and section 151 of C.P.C and grant interim order of injunction under article 226 of the constitution of India restraining the unofficial respondents 3 to 7, their men, agents, servants and supporters from alienating the Schedule Land to third parties and from ever interfering with the petitioners peaceful possession and enjoyment of the petition schedule Land in any manner whatsoever by following due process of law pending disposal of the transfer writ petition in view of the urgency of the matter. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Thota.S.V.L.Narasimhaswamy, Advocate for the Petitioner and GP for Revenue for the Respondent Nos.1 & 2, 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 Principal Secretary, Revenue Depariment, A.P. Secretariat Velagapudi, state of Andhra Pradesh, Gunturu District-522002. 2. The Agency subjudge cum sub-Collector, Paderu Village and post -531024, Visakhapatnam District, ~~ 3. Duru Rajarao, S/o Pandayya S.T, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 4. Bobbili Peda Kamesh, S/o Ramanna, S.T, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 5. Bobbili Eswararao, S/o Errayya, S:T., Mason, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 6. Bobbili Chinnarao, S/o Pedalaksmayya S.T, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. 7. Bobbili Laksmayya, S/o Chinnayya, S.T., Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. ~ 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, within three weeks, on which date the case stands posted for hearing.,-- The Court made the following: ORDER:
"Notice before admission.
Counsel for the petitioner is permitted to take out personal notice on the Respondents 3 to 7, through RPAD and file proof of service in the Registry. Sd/- M. RAMESH BAB U. ,. ASSISTANT REGISTRAR IITRUE COPY// Lay 7 Post after three (03) weeks." --
For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Revenue Department, A.P. Secretariat Velagapudi, state of Andhra Pradesh, Gunturu District-522002.
2. The Agency subjudge cum sub-Collector, Paderu Village and post -531024, Visakhapatnam District,
3. Duru Rajarao, S/o Pandayya S.T, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.
4. Bobbili Peda Kamesh, S/o Ramanna, S.T, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.
5. Bobbili Eswararao, S/o Errayya, S.T., Mason, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.
6. Bobbili Chinnarao, S/o Pedalaksmayya S.T, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.
7. Bobbili Laksmayya, S/o Chinnayya, S.T., Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District. (Addresses 1 to 7 by RPAD- along witha ~~ copy of petition and affidavit)
8. One CC to Sri. Thota S V L Narasimhaswamy, Advocate [OPUC] ~~
9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]-~
10.One spare copy MM HIGH COURT DRJ DATED:10/11/2020 NOTE: POST AFTER THREE WEEKS NOTICE BEFORE ADMISSION WP.No.19581 of 2020