Andhra Pradesh High Court - Amravati
Mandapati Krishnam Raju vs The State Of Andhra Pradesh, on 18 June, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI * Se (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE ~~ 'PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO - WRIT PETITION NO: 18568 OF 2020 o Between: Mandapati Krishnam Raju, S/o. Late Satyanarayana Raju, Age 66 years, occ Business, R/o. Rajulatallavalasa Village, Bhimunipatnam Mandal, Visakhapatnam District. Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Revenue (Endowment) Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Commissioner, Endowments Department, Government of AP... Vijayawada, The Assistant Commissioner, Endowment Department, Visakhapatnam, Visakhapatnam District. 4, Sri Langarkhana Choultry, Bhimunipatnam, Visakhapatnam District. Rep. by its Manager. wh: Respondents
WHEREAS the Petitioner above named through his Advocate Sri.B.Sesibushan 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 a appropriate Writ Order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.3 in interfering with the possession and enjoyment of the Plot admeasuring 1445 sq. yards in T.S.No.19/P Old ward No. {1 of Bhimunipatnam Municipality as arbitrary and illegal and violation of 300-A of Constitution of India consequently restrain the Respondent No.3 from interfefing with the peaceful possession of the enjoyment of the land admeasuring 1445 sq. yards in T.S.No.19/P Old ward No. Il of Bhimunipatnam Municipality:
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.B.Sesibushan Rao Advocate for the Petitioner, learned GP for Endowments for Respondent Nos.1 to 3, Sri K. Madhava Reddy, learned Standing Counsel fro Respondent No.4, 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 to Government, Revenue (Endowment) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
2. The Commissioner, Endowments Department, Government of AP., Vijayawada. .
3. The Assistant Commissioner, Endowment Department, Visakhapatnam, Visakhapatnam District.
4. The Manager, Sri Langarkhana Choultry, Bhimunipatnam, Visakhapatnam 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 before 09.07.2021, on which date the case stands pasted for hearing.
[A 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 restrain the Respondent No.3 from interfering with the peaceful possession of the enjoyment of the land admeasuring 1445 sq. yards in T.S.No.19/P Old ward No. tl of Bhimunipatnam Municipality, pending disposal of WP No. 18568 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Learned Government Pleader for Endowments takes notice for the respondents 1 to 3. Sri K. Madhava Reddy, learned standing counsel, takes notice for the 4th respondent. They waive further notices and seek time to file counters.
The case of the petitioner is that by virtue of sale deed bearing registration No. 4398 of 2005, he is the owner and possessor of the plot admeasuring 1445 Square Yards in T.S.No. 19/P of Old Ward No.2 of Bhimunipatnam Municipality. The property is neither a Government land nor was included in the prohibited property list under Section 22-A of the Registration Act. The Commissioner, Bhimunipatnam Municipality approved the plan for construction of shed in the above plot vide proceedings dated 26.09.2005. Accordingly, the petitioner constructed the shed. Subsequently, on his application, the Vice Chairman, Visakhapatnam Urban Development Authority, Visakhapatnam, vide proceedings dated 01.10.2013, regulated the unapproved plot in T.S.No. 19/9. Since then, the petitioner has been in possession and enjoyment of the property. While so, though the vendors of the petitioner or the petitioner are not parties to the proceedings in the Endowment Tribunal in respect of any dispute under the provisions of the Endowments Act, the 3rd respondent Assistant Commissioner, Endowment Department, without any manner of right, illegally trespassed into the plot and is handedly trying to evict the petitioner without following due process of law.
Learned counsel for the petitioner submits that the action of the 3rd respondent in trying to evict the petitioner without issuing any notice and without following the procedure contemplated under Section 83 of the Endowments Act is illegal and arbitrary.
Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court is prima facie satisfied that the petitioner has been in possession and enjoyment of the subject plot. Therefore, the 3rd respondent is directed not to dispossess the petitioner from the subject plot, without following the procedure as contemplated under the provisions of Section 83 of Endowments Act.
Post on 09.07.2021.
o™~ HTRUE COPY// Ber To, For A SECTIO t
1. The Principal Secretary to Government, Revenue (Endowment) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
The Commissioner, Endowments Department, Government of A.P., Vijayawada. The Assistant Commissioner, Endowment Department, Visakhapatnam, Visakhapatnam District.
4. The Manager, Sri Langarkhana Choultry, Bhimunipatnam, Visakhapatnam District. (1 to 4 by RPAD- along with a copy of petition and memorandum of grounds) One CC to SRLB.SESIBUSHAN RAO Advocate [OPUC] Two CCs to GP for Endowments, High Court Of Andhra Pradesh. [OUT] One CC to SrikK.Madhava Reddy, Standing Counsel (OPUC) One spare copy on Foo or 8 HIGH COURT MGRJ DATED:18/06/2021 NOTE: POST ON 09.07.2021 NOTICE BEFORE ADMISSION WP.No.18568 of 2020 DIRECTION