Andhra Pradesh High Court - Amravati
Yerraguntla. Dayamma, vs The State Of Andhra Pradesh, on 24 September, 2020
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURIDICTION) THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 17014 OF 2020 Between: Yerraguntla Dayamma, W/o. Nageswara Rao, Guntagani Kondaiah, S/o. Moses, Telagapudi Mary Gold, D/o. Ramachadar Rao, Holi Spirit Church, rep. by its Pastor Monditoka Yesubabu, S/o. Kotaiah, aged about 45 years, D.No. 9-142-7, Viswanadhapurarn, Sth line, near Nirmala Convent, Podili Village and Mandal, Prakasam District. 5. Koduru Chinnapamulu, S/o. Samuel, RON> ... Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The District Collector (PR), Prakasam District at Ongole. The District Panchayat Officer, Prakasam District at Ongole. The Tahsildar, Podili Mandal, Podili, Prakasam District. The Podili Grama Panchayat, rep by its Executive Officer, Podili, Prakasam District. akwn ...Respondents WHEREAS the Petitioner above named through his/her Advocate MADHAVA RAO NALLURI 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 Writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No 4 and 5 in trying to demolish the residential houses of the petitioners situated in door no. 9-143-1, 9-144, 9- 142-7, 9-142-7 and 9-144/2 situated in 5th line, Viswanadhapuram, Podili Village and Mandal, Prakasam District, without issuing any notice and without acquiring the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, contrary to the A.P.Panchayat Raj Act, 1994, as being illegal, arbitrary, violation of Principles of Natural Justice and violation of Art. 14, 21 and 300A of the Constitution of India and consequently direct the Respondents not to demolish the residential houses of the petitioners situated in door no. 9-143-1, 9-144, 9-142-7, 9-142-7 and 9-144/2 situated in 5th line, Viswanadhapuram, Podili Village and Mandal, Prakasam District, without acquiring the same under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Madhava Rao Nalluri Advocate for the Petitioner, 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, Panchayat Raj and Rural Development Department, - State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. The District Collector (PR), Prakasam District at Ongole. The District Panchayat Officer, Prakasam District at Ongole. The Tahsildar, Podili Mandal, Podili, Prakasam District. The Executive Officer, Podili Grama Panchayat, Podili, Prakasam District. akwn are be and hereby 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 demolish the residential houses of the petitioners situated in door no. 9-143-1, 9-144, 9-142-7, 9-142-7 and 9-144/2 situated in Sth line, Viswanadhapuram, Podili Village & Mandal, Prakasam District, without acquiring the same under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pending disposal of WP No. 17014 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 an interim direction, as prayed for. Post on 15.10.2020." Sd/- G. SRINIVAS REDDY ASSISTANT REGISTRAR HTRUE COPY// f ka For ASSISTANT REGISTRAR To,
4. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District.
The District Collector (PR), Prakasam District at Ongole. The District Panchayat Officer, Prakasam District at Ongole. The Tahsildar, Podili Mandal, Podili, Prakasam District. The Executive Officer, Podili Grama Panchayat, Podili, Prakasam District. (Addresses Nos 1 to 5 by RPAD- along with a copy of petition and Affidavit) One CC to Sri. Madhava Rao Nalluri Advocate [OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High Court Of Andhra Pradesh. [OUT] 8 Two CCs to GP for Revenue, High Court of AP. [OUT] 9 One CC to Sri V.Vinod K.Reddy, Standing Counsel [OPUC]
10.One spare copy akon "@ MSB HIGH COURT DR,J DATED:24/09/2020 ORDER NOTICE BEFORE ADMISSION POST ON 15.10.2020 WP.No.17014 of 2020 'INTERIM DIRECTION