Andhra Pradesh High Court - Amravati
Duddukuri Srinivasa Rao, vs State Of Andhra Pradesh, on 23 December, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
OE, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI- fe i yf TWO THOUSAND AND TWENTY o :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA~ ef \, A WEDNESDAY, THE TWENTY THIRD DAY OF DECEMBER" (3 ie @) A WRIT PETITION NO: 16161 OF 2020 Between: . Duddukuri Srinivasa Rao, S/o. Late Venkatappaiah. Duddukuri Murali Krishna, S/o. Scetaramaiah. Duduukuri Venkaiah, S/o. Late Duduukuri Venkatappaiah. Duduukuri Ramachandra rao, S/o. Late Duduukuri Venkatappaiah. Duddukuri Ramanaiah, S/o. D. Satyanarayana. Duddukuri Ramachandra Rao, S/o. D. Satyanarayana. Duddukuri Krishna, S/o. D. Suryanarayana. Duddukuri Lakshmi Narayana, S/o. Sita Ramaiah. CONOARWN> ...Petitioners ~ AND 1. State of Andhra Pradesh, Represented through its Principal Secretary, Revenue Department (Land Aquisition), Secretariat, Amaravati. The District Collector, West Godavari District, Eluru. oe Land Acquisition Officer cum Sub Collector, Kukunoor, West Godavari istrict. . Sri Dr. R. V. Suryanarayana, S/o. Not Known, Land Acquisition Officer 8z, Sub Collector, Kukunoor, West Godavari District. Scot. Duddukuri Venkata Narasamma, W/o. Late Ramakrishnaiah, aged about 98 years, R/o. D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. 6. Sri Duddukuri Durga Prasad, S/o. Late Ramakrishnaiah, aged about 57 years, R/o. D. No. 1-82, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. 7. Sri Duddukuri Ramesh, S/o. China Lakshmaiah, aged about 48 years, R/o. D. No. 1-86, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. 8. Sri Duddukuri Ramakrishna, S/o. China lakshmaiah, aged about 51 years, R/o. D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. 9. Smt. Mikkilineni Sudharani, W/o. Venkatrao, aged about 47 years, R/o. D. No. 2- 2-647/3/3/2/D, CE Colony, Opp, to Ayyappa Temple, Amberpet, Hyderabad. 10.Smt. Sode Sayamma, W/o. Narsaiah, age 52 years, R/o. Nadigudem Village, Kukunoor Mandal. a fF YON ...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 or order or direction one in the nature of Writ Of Mandamus declaring the action of the respondent s more specifically the action of respondent No. 3 in issuing the impugned order/ proceedings dt. 28-07-2020 directing the concerned to pay/deposit the amounts in the accounts of respondents 5 to 10 who are third parties to the lands admeasuring Ac. 39.05 cents in Sv. No's. 57, 78, 99, 100, 101, 102 and 107 in Aravaipalli Village acquired for submergence under Polavaram Irrigation Project declaring the respondents 5 to 10 as land owners in collusion with them for wrongful gain and without putting any notice and giving an opportunity of hearing to the petitioners herein as illegal, high handed, without authority and violative of Articles 14, 21 and 300A of the Constitution of India apart from violation of Principles of Natural Justice and violation of provisions under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently set aside the impugned proceedings dt. 28-07-2020 issued by 3" respondent further directing to pay the compensation to this petitioners. 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 suspend the impugned order/proceedings dt. 28-07-2020 issued by 3% respondent, pending disposal of WP No.16161 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 the Order of the High Court dated 09.11.2020 made herein and upon hearing the arguments of Sri Pasala Ponna Rao, Advocate for the Petitioner and the Court made the following. -- ORDER:
"Learned counsel for the contesting respondents states that a counter- affidavit has been up-loaded, the same is not available on record. Office is directed to place the same along with record. Learned Assistant Government Pleader for Land Acquisition seeks time to file counter-affidavit. interim orders granted on the earlier occasion are extended for a period of four (4) weeks.
List the matter on 19.01.2021." Sd/-M Ramesh Babu ." ASSISTANT REGISTRAR ~~ VY EGISTRAR IITRUE COPYI/ :
For ASSISTANT To,
4. One CC to Sri Pasala Ponna Rao, Advocate [OPUC] ~~
2. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh. [OUT]
3. One spare copy MSB HIGH COURT NJS,J DATED:23.12.2020 ORDER LIST THE MATTER ON 19.01.2021 WP.No.16161 of 2020 EXTENSION OF INTERIM DIRECTION