Andhra Pradesh High Court - Amravati
Chintalapati Naga Srinivasa Raju vs State Of Ap on 20 January, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
| | [ 3209 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE : PRESENT: Eh gS THE HONOURABLE SRI JUSTICE NINALA JAYASURYA 4:3 " , WRIT PETITION NO: 1334 OF 2021 & NEOs Between: Chintalapati Naga Srinivasa Raju, s/o. Venkata Rama Raju. AND 1. State of Andhra Pradesh, rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Guntur district The District Collector, East Godavari District at Kakinada The Revenue Divisional Officer, Amalapuram, East Godavari District The Tahsildar, Malkipuram Mandal, East Godavari District wn ...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 an appropriate order, writ or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in contemplating to dispossess the petitioner by interfering with the peaceful possession and enjoyment of the petitioner in respect of an extent of Ac.0.17 cents of land in R.S. No.744/4, Ac.1.46 cents of land in R.S. No.745/1 and Ac.1.46 cents of land in R.S. No.745/2, of Gudimellanka Village, Malikipuram Mandal, East Godavari District and trying to dispossess the petitioner from the said lands, as illegal, arbitrary, unjust, contrary to the provisions of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 and violative of Articles 14, 21 and 300A of the Constitution of India, and consequently direct the respondent-authorities not to interfere with possession and enjoyment of the petitioner in respect of an extent of Ac.0.17 cents of land in R.S. No.744/4, Ac.1.46 cents of land in R.S. No.745/1 and Ac.1.46 cents of land in R.S. No.745/2, of Gudimellanka Village, Malikipuram Mandal, East Godavari District, in any manner, including high-handed dispossession, without following due process of law, in the interest of justice. IA NO: 1 OF 2021 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 dispossess the petitioner from an extent of Ac.0.17 cents of land in R.S. No.744/4; Ac.1:46 cents of land in R.S. No.745/1 and Ac.1.46 cents of land in R.S. No.745/2, of Gudimellanka village, Malikipuram mandal, East Godavari district for the purpose of assigning the same as house sites to the weaker sections and not to interfere with the petitioner's possession and enjoyment of the petitioner in respect of the subject land, in the interest of justice, pending disposal of WP 1334 of 2021, 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 E V V S Ravi Kumar, Advocate for the Petitioner, GP for Revenue for the Respondents, the Court made the following. : ORDER
"Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, who seeks time to get instructions in the matter.
It is brought to the notice of this Court that in similar circumstances, interim orders were granted in Writ Petition No.10947 of 2020, dated 06.7.2020. In view of the same, there shall be interim direction as prayed for a period of eight weeks.
To, sP NO ak ON List the matter after three weeks." Sd/-K.JaganMohan DEPUTY REGISTRAR 4 yu TRUE COPY! E SECTION GAZICER . The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur district The District Collector, East Godavari District at Kakinada The Revenue Divisional Officer, Amalapuram, East Godavari District The Tahsildar, Malkipuram Mandal, East Godavari District (1 to 4 by RPAD) One CC to Sri E V V S Ravi Kumar, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One spare copy HIGH COURT NJSJ DATED: 20/01/2021 LIST THE MATTER AFTER THREE WEEKS ORDER WP.No.1334 of 2021 INTERIM DIRECTION