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Andhra Pradesh High Court - Amravati

Apparao Pyla vs The State Of Andhra Pradesh, on 11 August, 2020

Author: D Ramesh

Bench: D Ramesh

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction) .
TUESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY
'PRESENT: a ie So
THE HONOURABLE SRI JUSTICE D RAMESH io
WRIT PETITION NO: 10915 OF 2020

Between:

 

Apparao Pyla, S/o Simhachalam, Aged about 43 years, R/o. Qtr No. MB-11/02, STP
Township, Jaipur Mandal, Mancheriyal Distrct, State Of Telangana.

Petitioner
AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District,
Andhrapradesh.

The District Collector, Visakhapatnam, Visakhapatnam District.

The Tahsildar, Paravada Mandal, Visakhapatnam District

The State Bank of India, Rep. by its Authorized Officer, RACPC-1, SAR Wing,
Ground Floor, Administrative office Building, Siripuram Junction, Visakhapatnam.

PON

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 writ, order or direction, more particularly one in the nature of writ of
Mandamus, to declaring the action of the Respondent Nos.2 & 3 herein in trying to
dispossess the Petitioner from lawful possession and enjoyment of the house site
admeasuring to an extent of 700 Sq yds or 585.291 square mts bearing plot No. MIG-
1/16 & 17 in the layout approved by VUDA No. 73 of 88 covered by old survey number
188/3B2 and new survey number 188/3A of Desapatrunipalem Village within the limits
of GVMC, Paravada Mandal, Visakhapatnam District without issuing any notice and
without following due process of law as being illegal, arbitrary, unjust, against principles
of natural justice and violation of the Articles 21 & 300-A of the Constitution of India and
consequently direct the Respondents No.2 & 3 not to dispossess or in any manner
interfere with the peaceful possession and enjoyment of the petitioner land;

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 No. 2 & 3 not to dispossess the petitioner in any manner over the house
site admeasuring to an extent of 700 Sq yds or 585.291 square mts bearing plot
No:MIG-1/16 &17 in the layout approved by VUDA No: 73 of 88 covered by old survey
number 188/3B2 and new survey number 188/3A of Desapatrunipalem Village within
the limits of GVMC, Paravada Mandal, Visakhapatnam District without issuing any
notice or without following due process of law, pending disposal of the Writ Petition
No.10915 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 06.07.2020 & 29.07.2020
made herein and upon hearing the arguments of SRILGOPALAKRISHNA GORLE
Advocate for the Petitioner and of learned GP FOR REVENUE Advocate for the
Respondent Nos.1 to 3, the Court made the following.
 

ORDER:

Post after two weeks for filing counter. Interim Order granted earlier is extended by eight weeks. SD/- G Srinivas Redd ASSISTANT REGISTRAR IITRUE COPY// Tere ce For ASSISTANT KEGISTRAR To,

4. One CC to SRILGOPALAKRISHNA GORLE Advocate [OPUC]

2. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]

3. One spare copy SRL HIGH COURT DRJ DATED:11.08.2020 NOTE: POST AFTER TWO WEEKS FOR FILING COUNTER ORDER WP.No.10915 of 2020 EXTENSION OF EARLIER INTERIM ORDER