Andhra Pradesh High Court - Amravati
Barnmidi Appayamma, vs The State Of Andhra Pradesh, on 17 March, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 5755 OF 2021 Between: 1. Bammidi Appayamma, W/o late Appalatiarasayya, Aged about 52 years, R/o- 55- 40-143, Simhadripuram, H B Colony, Visakhapatnam. 2. Bammidi Ramu, S/o- Bammidi Appalanarasayya, Aged- 26 years, R/o- 19-60, Srilalakshminagar, Simhadripuram, H B colony, Visakhapatnam. 3. Bammidi Narasayya, S/o- Bammidi Appalanarasayya, Aged- 28 years, R/o- 19- 60, Srilakshminagar, Simhadripuram, H B colony, Visakhapatnam. 4, Vommi Kumari, VW/o- Vommi Srinivas, Aged- 33 years, R/o- H.No. 3-95, Eagalavanipalem, Near Bangaramatalli temple, Anandapuram, Lodagalavanipalem, Visakhapatnam. 5. Lakshmi Torathi, W/o- Bangari Naidu, Aged- 35 years, R/o- D.No. 55-40-162, Simhadripuram, Visakhapatnam. Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Velagapudi, Amaravathi, Guntur District, A.P. The District Collector, Vijayanagaram District, Vijayanagaram, Andhra Pradesh. The Land Acquisition Officer cum Joint Collector, Vijayanagaram District Vijayanagaram, AP. The Revenue Divisional Officer, Vijayanagaram, Vijayanagaram District. The Tahsildar, Bhogapuram Mandal Vijayanagaram District, AP Andhra Pradesh Airports Development Corporation Ltd., 1st floor, Block A, Anjaneya Towers lbrahimpatnam, Vijayawada, AP. 7. Mr.Korada Sanyasi, S/o-Appalaguruvulu Aged- 65 years, Occ:Agriculture, R/o.Byreddipalem Village, Bhogapuram. Mandal, Vijayanagaram District. 8. Bammidi Ramudu, S/o- Late.Narasaiah Aged - 64 years, Occ:Agriculture, R/o.Byreddipalem Village, Bhogapuram Mandal, Vijayanagaram District. 9. Bammidi Suri, S/o-Late.Narasaiah Aged - 60 years, Occ:Agriculture, R/o.Byreddipalem Village, Bhogapuram Mandal, Vijayanagaram District. 10.Bammidi Thavudu, S/o-Late.Narasaih Aged-62 years R/o- 14-128, Durganagar Adavivaram, Visakhapatnam. won DOR Respondents
WHEREAS the Petitioners above named through their Advocate Sri.K.B.Ramanna Dora 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, or order or direction, more particularly, one in the nature of Writ of Mandamus to declare the action of the respondents in trying to award compensation in respect of the land admeasuring Ac.0.69 cents and Ac 0.35 cents in Survey Nos. 281-1 and 281-2 located at Kancheru Village, Bhogapuram Mandal, Vijayanagaram District belonging to the petitioners for acquisition to construction of Bhogapuram Airport in favor of the respondent Nos. 7 to 10 as illegal, arbitrary and unjust, against Law as well as principles of natural justice and consequentially direct the respondents to award the said compensation to the petitioners or alternatively refer the matter to the Land Acquisition Rehabilitation and Resettlement Authority who is the District Judge, Viiayanagaram District;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.K.B.Ramanna Dora Advocate for the Petitioners, learned Assistant Government Pleader for Land Acquisition, for respondent Nos.3 and 4 and Mr.C.Sumon, learned counsel for respondent No.6, directed issue of notice to the Respondent Nos.7 to 10 herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
4. Mr.Korada Sanyasi, S/o-Appalaguruvulu, R/o-Byreddipalem Village, Bhogapuram. Mandal, Vijayanagaram District.
2. Bammidi Ramudu, S/o- Late.Narasaiah, R/o-Byreddipalem Village, Bhogapuram Mandal, Vijayanagaram District.
3. Bammidi Suri, S/o-Late.Narasaiah, R/o-Byreddipalem Village, Bhogapuram Mandal, Vijayanagaram District.
4. Bammidi Thavudu, S/o-Late.Narasaih, R/o- 14-128, Durganagar Adavivaram, Visakhapatnam.
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 15.04.2021, on which date the case stands posted for hearing.
IA NO: 1 OF 2021 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 award compensation to the respondent Nos. 7 to 10 in respect of acquisition of land admeasuring Ac 0.69 cents and Ac 0.35 in Survey No. 281-1 and 281-2 located at Kancheru Village, Bhogapuram Mandal, Vijayanagaram District for the purpose of construction of Bhogapuram Air Port, pending disposal of WP No. 5755 of 2021, on the file of the High Court.
THE COURT MADE THE FOLLOWING: ORDER:
Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition, appearing for respondent Nos.3 and 4 and Mr.C.Sumon, learned counsel for respondent No.6. Notice to respondent Nos.7 to 10.
When the matter is taken up for consideration, the learned counsel for the 6" respondent on instructions submits that proceedings under A.P.Assigned Lands (Prohibition of Transfer) Act 1977 are initiated in respect of the land in question and in view of the violation of the patta conditions, the petitioners as well as the respondent Nos.7 to 10 are not entitled for any compensation. Further that no steps have been taken for disbursement of compensation as alleged in the writ petition.
List after four (4) weeks, for filing counters.
SD/-M.RAMESH BABU ASSISTANT REGISTRAR IITTRUE COPY// a~ For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, a Secretariat Velagapudi, Amaravathi, Guntur District, A.P. The District Collector, Vijayanagaram District, Vijayanagaram, Andhra Pradesh. c The Land Acquisition Officer cum Joint Collector, Vijayanagaram District Vijayanagaram, AP.
The Revenue Divisional Officer, Vijayanagaram, Vijayanagaram District.
The Tahsildar, Bhogapuram Mandal Vijayanagaram District, AP 4 Andhra Pradesh Airports Development Corporation Ltd., 1st floor, Block A, = // Anjaneya Towers Ibrahimpatnam, Vijayawada, AP.
7. Mr.Korada Sanyasi, S/o-Appalaguruvulu, R/o-Byreddipalem Village, é Bhogapuram. Mandal, Vijayanagaram District.
8. Bammidi Ramudu, S/o- Late.Narasaiah, R/o-Byreddipalem Village, Bhogapuram = / Mandal, Vijayanagaram District.
9. Bammidi Suri, S/o-Late.Narasaiah, R/o-Byreddipalem Village, Bhogapuram Mandal, Vijayanagaram District.
10.Bammidi Thavudu, S/o-Late.Narasaih, R/o- 14-128, Durganagar Adavivaram, ~ Visakhapatnam. (1 to 10 by RPAD- along with a copy of petition and affidavit)
11.One CC to SRI.K.B.RAMANNA DORA Advocate [OPUC] a /
12.One CC to Sri.C.Sumon, Advcoate (OPUC)
13. Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. (oul
14.One spare copy on oaks SRL HIGH COURT NJSJ DATED:17/03/2021 NOTE: LIST AFTER FOUR (4) WEEKS, FOR FILING COUNTERS.
NOTICE BEFORE ADMISSION WP.No.5755 of 2021 DIRECTION