Andhra Pradesh High Court - Amravati
Polisetti Rama Swaroop vs The State Of Ap on 15 May, 2020
Author: D Ramesh
Bench: D Ramesh
HIGH COURT OF ANDHRA PRADESH --_ FRIDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENFY :PRESENT: i THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 8778 OF 2020 - Between: : ' Polisetti Rama Swaroop, S/o Sri P.Seshavataram, Age, 36, Kopparru (V), Narsapur . a Mandal West Godavari District Andhra Pradesh Petitioner AND 1, The State Of AP, Rep. by its Principal Secretary Revenue Department A.P.Secretariat, Velagapudi Amaravathi, Guntur District, AP The Sub Collector, Narsapur, W.G. District. The Tahsildar, Narasapur Mandal, W.g. District. The Kopparru Grampanchayat, Kopparru, Narsapur Mandal West Godavari District, AP Rep.by its Secretary ewes Respondents 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, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 4 and 3 in demolishing the coconut trees situated in an extent of Ac.0.98 cents out of Ac.2.58 cents in S.No.198/1 and taking steps to dispossess the petitioner from the said land without any manner of right and without following the due process of law as highly illegal, arbitrary and unconstitutional: and consequently direct the respondents not to interfere with my possession and enjoyment of the said land. 1A 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 direct the respondents 2 and 3 no to demolish the coconut trees situated in an extent of Ac.0.98 cents in S.No.198/1 of Kopparru Village, Narsapur Mandal, West Godavari District, Andhra Pradesh pending disposal of the above writ petition 8778 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sti K. Chidambaram, Advocate for the Petitioner and GP FOR REVENUE, for Respondents No. 1 to 3, Sri LKoti Reddy, Standing Counsel, for Respondent No. 4, representing the Respondents and the Court made the following: ORDER
"The petitioner filed the present Writ Petition alleging that the Grampanchayat, Kopparru by way of resolution dated 31.03.1981, has given permission to the petitioners for planting coconut trees and accordingly, he planted 58 coconut trees in the said land. Without any notice, respondents cut down the trees and interfered with the possession of the petitioner's property. Now they cut down almost 20 coconut trees and they may cut the remaining tress also.
The learned Government Pleader has sought time to get instructions. Post on 18.5.2020. In the meanwhile, respondents are directed to maintain status quo not to interfere with the possession of the petitioner's property. Sri LKoti Reddy, learned standing counsel for respondent No.4 requests time to get instructions in the matter."
SD/- EKAMESWAR RAO ASSISTANT REGISTRAR /TRUE COPY// i _ 16/§ For ASSISTANT REGISTRAR To,
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Pwh GO ID MSR The Principal Secretary, Revenue Department, State Of AP, A.P. Secretariat, Velagapudi Amaravathi, Guntur District, AP (by RPAD) The Sub Collector, Narsapur, W.G. District, A.P. (by RPAD) The Tahsildar, Narasapur Mandal, W.G. District, A.P. (by RPAD) The Secretary, Kopparru Grampanchayat, Kopparru, Narsapur Mandal West Godavari District, AP (by RPAD) One CC to Sri K Chidambaram, Advocate [OPUC] Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] One CC to § Sri LKoti Reddy, Standing Counsel [OPUC] One spare copy HIGH COURT DRJ DATED: 15/05/2020 NOTE : POST ON 15.05.2020.
ORDER WP.NO.8778 OF 2020 STATUS-QUO wl