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[Cites 8, Cited by 0]

Andhra Pradesh High Court - Amravati

Dindi Rajeshwaramma vs State Of Andhra Pradesh, on 6 January, 2021

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 SIXTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 25837 OF 2020

[ 3208 ]

 

Between:

Dindi Rajeshwaramma, W/o. Narasimhulu.
...Petitioner
AND

1. State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department,
Secretariat Building, Velagapudi, Amaravati.
The District Collector, Vizianagaram District, Vizianagaram.
The Tahsildar, Bobbili Mandal, Bobbili, Vizianagaram District.
Pata Bobbili Grama Panchayat, Rep. by its Secretary, Pata Bobbili, Bobbili
Mandal, Vizianagaram District.

ON

...Respondents

WHEREAS the Petitioner above named through her Advocate Sri Ramakrishna Pativada 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents trying to allot the land an extent of Ac.0-14.55 cents / 704.66 square yards in Sy.No.265/2, Ward No.1 of Telagaveedhi, Old Bobbili, Bobbili Municipality, Vizianagaram District, to construct a Grama Sachivalayam and Anganivadi Centre by dispossessing the Petitioner from the ancestral property without following the procedure contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), as illegal, arbitrary, without jurisdiction, colourable exercise of power and contrary to the provisions of the Registration Act, 1908, contrary to the provisions of Andhra Pradesh Dotted Lands updation in Resettlement Act 2017 (Act 10 of 2017 w.e-f. 14.06.2017), contrary to law laid down by this Honourable Court and violation of principles of natural justice, violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and. enjoyment of the aforesaid land.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Ramakrishna Pativada, Advocate for the Petitioner, GP for Revenue for Respondent No.1 to 3, 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 Department, Secretariat Building, State of Andhra Pradesh, Velagapudi, Amaravati.
2. The District Collector, Vizianagaram District, Vizianagaram.
3. The Tahsildar, Bobbili Mandal, Bobbili, Vizianagaram District.
4. The Secretary, Pata Bobbili Grama Panchayat, Pata Bobbili, Bobbili Mandal, Vizianagaram 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 writ petition, the High Court may be pleased to direct the Respondents not to interfere with the land an extent of Ac.0-14.55 cents / 704.66 Square yards in Sy.No.265/2 of Telagaveedhi, Old Bobbili, Bobbili Municipality, Vizianagaram District, belonging to the Petitioner, pending disposal of WP No.25837 of 2020, on the file of the High Court.

The Court made the following: ORDER "Notice before admission.

On instructions learned Standing Counsel has categorically stated that the authorities are not interfering with the possession and enjoyment of the petitioner's land admeasuring 0.14.55 cents/704.66 square yards in Survey No.265/2, Ward No. 1 of Telagaveedhi, Old Bobbili, Bobbili Municipality, Vizianagaram District.

Noting the submission of learned Standing Counsel for the 4° respondent, there shall be interim direction to the respondents not to dispossess the petitioner from the subject land without following due process of law.

Post after four (4) weeks." a "

Sd/-K.TataRao a nSsisray Revers IITRUE COPY// SECTION GF ICER : For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Revenue Department, Secretariat Building, State of Andhra Pradesh, Velagapudi, Amaravati.
2. The District Collector, Vizianagaram District, Vizianagaram.
3. The Tahsildar, Bobbili Mandal, Bobbili, Vizianagaram District.
4. The Secretary, Pata Bobbili Grama Panchayat, Pata Bobbili, Bobbili Mandal, Vizianagaram District. (1 to 4 by RPAD- along with a copy of petition and affidavit)
5. One CC to Sri Ramakrishna Pativada, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. One spare copy SP HIGH COURT "

DRJ DATED: 06/01/2021 POST AFTER FOUR (4) WEEKS.

NOTICE BEFORE ADMISSION -

WP.No.25837 of 2020

INTERIM DIRECTION FO sagen rare