Andhra Pradesh High Court - Amravati
Gadela Venkata Ramarao vs The State Of Andhra Pradesh, on 14 August, 2020
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION) fe. i IN THE HIGH COURT OF ANDHRA PRADESH : : AMARAVATI. FRIDAY, THE FOURTEENTH DAY OF AUGUST, Ke 2 TWO THOUSAND AND TWENTY "S _: PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 14136 OF 2020 Between: 1. Gadela Venkata Ramarao, S/o Appalaswamy, aged about 60 years, r/o D.No. 13-68/1, Main P.P. Road Undi village and Mandal, W.G. District. 2. GullipalliSatyavathi, W/o Atcha Rao, aged about 65 years, r/o D.No. 13-67, Undi village and Mandal, W.G. District. ; . 3. GullipalliAtcha Rao, S/o Pedda Satyanarayana aged 48 years, r/o D.No. 13-23/1, P.P.Road Undi village and Mandal, W.G. District. 4. Kottepalli Venkata Subramanyaraju, S/o Subbaraju aged 40 years, r/o D.No. 12- 29/1, Undi village and Mandal, W.G.District. 5. Soma Dalaya, S/o PeddaTavitayya, aged 60 years, r/o D.No. 13-63, Undi village and Mandal, W.G. District. 6. Gullipalli Lakshmi, W/o Ganapathi, aged about 57 years, r/o D.No. 13- 64, Undi village and Mandal, W.G. District. 7. Gullipalli Jagadeesh, S/o Ganapathi Rao, aged 41 years, r/o D.No. 13-64/1, Undi village and Mandal, W.G. District. 8. Gullipalli Nageswara Rao, S/o Ganapathi Rao, aged 40 years, r/o D.No. 13-64/2, Undi village and Mandal, W.G. District. 9. Jami Trimurthulu, S/o Surya Rao, aged 45 years r/o D.No. 5-43, Undi village and Mandal, W.G. District 10. Ijjirotu Narayana Rao, S/o Chinama Naidu, aged 45 years, r/o D. No. 19-22-4C, Undi village and Mandal, W.G. District. 11.PallaGangaraju, S/o Sivudu, aged about 60 years r/o D.No. 13-69, P.P.Road, Undi village and Mandal, W.G. District. Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (L.A) Department Secretariat, Velagapudi, Amaravati The District Collector, West Godavari District At Eluru The Competent Authority (LA) and Sub-Collector, Narsapur, West Godavari District. 4. The Tahsildar, Undi Mandal, West Godavari District. on Respondents WHEREAS the Petitioner above named through their Advocate SRI M KALYAN 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent authorities in threatening to demolish the houses of the petitioners bearing H.Nos.13-68/1, 13-67, 13-23/1, 12-29/1, 13-63, 13-64, 13-64/1, 13-64/2, 5-43, 19-22-4C, 13-69 situated at Undi village and Mandal, West Godavari District, without paying any compensation and during the pendency of the Arbitration Petitions filed before the 2nd respondent on 15.06.2020 against the Award No. 9/2018-19/B dt. 04.03.2020 not served the award copy dt 04.03.2020 to the petitioner passed by the 3 respondent herein, as being illegal, arbitrary unconstitutional and violative of Article 21 of the Constitution of India and consequently direct the 2nd respondent to dispose of the Arbitration petitions filed by petitioners and to grant AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri M KALYAN RAO Advocate for the Petitioner, and of GP FOR REVENUE directed issue of notice to the Respondent returnable in four weeks to show cause as to why this WRIT PETITION should not be admitted. * You viz: 1. The Principal Secretary, Revenue (L.A) Department Secretariat, Velagapudi, State of Andhra Pradesh, Amaravati 2. The District Collector, West Godavari District At Eluru 3. The Competent Authority (LA) and Sub-Collector, Narsapur, West Godavari District. 4. The Tahsildar, Undi Mandal, West Godavari 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 grant stay of all further proceedings including the demolition of the houses of the petitioners bearing H.Nos.13-68/1, 13-67, 13-23/1, 12-29/1, 13-63, 13-64, 13-64/1, 13764/2, 5-43, 19-22- 4C, 13-69 situated at Undi village and Mandal, West Godavari District, pending disposal of WP No.14136 of 2020, on the file of the High Court. The Court made the following: ORDER:
"Notice before admission returnable in four (4) weeks. There shall be a direction to the 2" respondent/District Collector, West Godavari at eluru, to consider the application filed by the 2" petitioner which was received by the office of the 2"? respondent on 19.6.2020 and pass appropriate orders on the application filed by the 2™ petitioner, till such time status-quo shall be maintained by the respondents with regard to the schedule Houses". SD/- K. JAGAN MOHAN DEPUTY REGISTRAR ITTRUE COPYI/ = SECTION'S (ck
1. The Principal Secretary, Revenue (L.A) Department Secretariat, Velagapudi, State of Andhra Pradesh, Amaravati
2. The District Collector, West Godavari District At Eluru
3. The Competent Authority (LA) and Sub-Collector, Narsapur, West Godavari District.
4. The Tahsildar, Undi Mandal, West Godavari District. (Addresses 1 to 4 by RPAD- along with a copy of petition and memorandum of grounds)
5. One CC to SRI M KALYAN RAO Advocate [OPUC]
6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
7. One spare copy To, HIGH COURT DRJ DATED:14/08/2020 NOTICE BEFORE ADMISSION WP.No.14136 of 2020