Andhra Pradesh High Court - Amravati
Sompalli Venkata Ramana, vs The State Of Andhra Pradesh on 26 November, 2020
Author: D Ramesh
Bench: D Ramesh
[ 3208 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / THURSBAY, HE wwhary SIXTH bay OF NOVEMBER TWO mHougeno AND TWE :PRESENT: THE HONOURABLE SRI susticé D RAMESH WRIT PETITION NO: 22263 OF 2020 Between: 1. Sompalli Venkata Ramana, S/o.Late Venkata Ratnam R/o Sompalli Village, Razole Mandal, East Godavari District. 2. Sompally Veera Venkata Srimannarayana, S/o. Bangarayya R/o Sompalli Village, Razole Mandal, East Godavari District Petitioners AND 4. The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department. Secretariat, Velagapudi, Guntur District. 2. The District Collector and District Magistrate, East Godavari District, Kakinada 3. The Revenue Divisional Officer, Amalapuram, East Godavari District. Amalapuram, East Godavari District. The Tahsildar, Razole Mandal, East Godavari District. The Sompalli Gram Panchayat, Rep. by its Secretary, Sompalli Village, Razole Mandal, East Godavari District. ae Respondents
WHEREAS the Petitioners above named through their Advocate Sri.T.V.Jaggi Reddy 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 direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents in interfering with petitioners possession and enjoyment of house property (Dilapidated House) D.No. 2-156, 2-156/1 and 2-157 along with vacant site, of an extent of Ac. 0.10 cts, in S.No. 35, of Sompalli Village, Razole Mandal, East Godavari District, without issuing notice under any of the Acts in vogue is illegal, arbitrary, contrary to the Principles of Natural Justice and contrary to the provisions of the Encroachment Act, 1905, and Articles 14, 21 and 300-A of the Constitution of India and consequently desist the respondents from interfering with petitioners possession and enjoyment of the lands referred to supra;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.T.V.Jaggi Reddy Advocate for the Petitioner, GP for Revenue for Respondent Nos.1 to 4 and of Sri I.Koti Reddy, learned Standing Counsel for Respondent No.5, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
-- eer You viz:
4. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The District Collector and District Magistrate, East Godavari District, Kakinada
3. The Revenue Divisional Officer, Amalapuram, East Godavari District. Amalapuram, East Godavari District.
The Tahsildar, Razole Mandal, East Godavari District. The Secretary, Sompalli Gram Panchayat, Sompalli Village, Razole Mandal, East Godavari District.
ok ~ are 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, on which date the case stands posted for hearing 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 and demolish the petitioners house property (Dilapidated House) and vacant site bearing D.No. 2-156, 2-156/1 and 2-157 of an extent of Ac. 0.10 cts, in S.No. 35, of Sompalli Village, Razole Mandal, East Godavari District , pending disposal of WP No. 22263 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Post after four (4) weeks.
There shall be an interim direction not to dispossess the petitioners from their subject property without following due process of law.
Office is directed to print the name of Sri |.Koti Reddy, learned Counsel for respondent No.5. - A, Sd/- P, VENKATA RAMANA ASSISTANT EGIST] vAR .
/ITRUE COPY// Wy For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
. The District Collector and District Magistrate, East Godavari District, Kakinada The Revenue Divisional Officer, Amalapuram, East Godavari District. Amalapuram, East Godavari District.
The Tahsildar, Razole Mandal, East Godavari District. The Secretary, Sompalli Gram Panchayat, Sompalli Village, Razole Mandal, East Godavari District. (1 to 5 by RPAD- along with a copy of petition and affidavit) One CC to Sri.T.V.Jaggi Reddy 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 wh as "© OND a HIGH COURT DRJ DATED:26/11/2020 NOTICE BEFORE ADMISSION WP.No.22263 of 2020 INTERIM DIRECTION