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Andhra Pradesh High Court - Amravati

Malladi Ganga Raju vs The State Of Ap on 14 September, 2020

Author: Jitendra Kumar Maheshwari

Bench: Jitendra Kumar Maheshwari

[5 fi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI S

cal Qeininel Weclectines Vay
(Special Original Jurisdiction) Ss

  
   

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MONDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY

:PRESENT:
THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI

WRIT PETITION NO: 16404 OF 2020 -----

Between:

1. Malladi Ganga Raju, S/o.Late Sri M.Mahalakshmi Hindu, aged 68 years,
Occ.Cultivation, R/o.Vemuladeevi (V) Narsapuram Mandal, W.G.District, Andhra
Pradesh

2. Mallidi Venkata Raju, S/o.Late Sri M.Mahalakshmi Hindu, aged 65 years,
Qcc.Cultivation, R/o.Vemuladeevi (V) Narsapuram Mandal, W.G.District, Andhra
Pradesh

Petitioners
AND

1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue
Department A.P.Secretariat, Velagapudi Amaravathi, Guntur District, AP
The District Collector, West Godavari District, Eluru, Andhra Pradesh

The Sub.Collector, Narsapuram, W.G.District, Andhra Pradesh

The Tahsildar, Narsapuram Mandal, West Godavari District, Andhra Pradesh
The Vemuladeevi Grampanchayat, Vemuladeevi, Narsapuram Mandal, West
Godavari District, Andhra Pradesh, Rep. by its Secretary

OhWN

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 2 to 5 in interfering with petitioners possession
and enjoyment of the land admeasuring an extent of Ac.0.31 cents consisting of houses
and tank in R.S.No.631/17 of Vemuladeevi Village, Narsapuram Mandal, W.G.District
and taking steps to dispossess them from the said land for constructing Grama
Sachivalayam without any manner of right or authority and without following the due
process of law as highly illegal, arbitrary, contrary to law and violative of Articles 19 and
300-A of the Constitution of India and consequently direct the respondents 2 to 5 not to
interfere with the above property;

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 direct the
respondents not to interfere with our possession and enjoyment of the land
admeasuring an extent of Ac.0.31 cents consisting of houses and tank in R.S.No.631/17
of Vemuladeevi Village, Narsapuram Mandal, W.G.District, Andhra Pradesh, pending
disposal of Writ Petition No.16404 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 Sri.K.Chidambaram
Advocate for the petitioners, learned GP for Revenue for Respondent Nos.1 to 4 and of
Sri.l.Koti Reddy, learned Standing Counsel for Respondent No.5, the Court made the

following.
 

ORDER:

(Taken up through video conferencing) Sri K. Chidambaram, Counsel for the petitioners.

Government Pleader for Revenue accepts notice on behalf of respondents 1 to 4 and seeks time to file reply. Let reply be filed within four weeks.

Let the name of standing counsel for respondent No.5, be reflected in the cause list.

In the facts of the case, subject to filing of reply by the respondents, by way of interim relief, it is directed that status quo as it exists today shall be maintained in respect of the subject land, until the next date of listing.

dr.

List after four weeks. Sd/- Ch. V. Subrahmanya Sarma SSISTANT REGISTRAR ITTRUE COPY// For ASSISTANT REGISTRAR To,

1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi Amaravathi, Guntur District, AP The District Collector, West Godavari District, Eluru, Andhra Pradesh The Sub.Collector, Narsapuram, W.G.District, Andhra Pradesh The Tahsildar, Narsapuram Mandal, West Godavari District, Andhra Pradesh The Secretary, Vemuladeevi Grampanchayat, Vemuladeevi, Narsapuram Mandal, West Godavari District, Andhra Pradesh (1 TO 5 by RPAD) One CC to Sri.K.Chidambaram Advocate [OPUC] One CC to Sri.I.Koti Reddy, Standing Counsel (OPUC) Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] One spare copy awn © CON SRL HIGH COURT HCJ DATED:14/09/2020 NOTE: LIST AFTER FOUR WEEKS ORDER WP.No.16404 of 2020 an eee .

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