Andhra Pradesh High Court - Amravati
Dasariramulu, vs State Of Andhra Pradesh, on 4 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) WEDNESDAY , THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20376 OF 2020 Between: Dasari Ramulu, S/o. late Thavitayya, aged 71 years, R/o D.No. 2-119-2, Peddaveedi, Gullavanipeta Village, Rajapuram, Polaki Mandal, Srikakulam District. Petitioner AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. The District Collector, Srikakulam District. . The Tahsildar, Santhabommali Mandal, Srikakulam District. oN Respondents
WHEREAS. the Petitioner above named through his/her. Advocate Sri.M.Lakshmi Narayana 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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering and trying to disposes/evict the petitioner from the landed property to an extent of Ac.0.29 cents situated in Sy.N0.175/5A. of Uininilada Santhabommali Mandal of Srikakulam District, without issuing any notice, without following due process of law is illegal, arbitrary, violative of principles of natural justice and violation Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with peaceful possession and enjoyment of the petitioner's land;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.M.Lakshmi Narayana Advocate for the petitioner and of learned Government Pleader for Revenue for Respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
"4. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The District Collector, Srikakulam District.
3. The Tahsildar, Santhabommali Mandal, Srikakulam District.
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 before 02.12.2020, on which date the case stands posted for hearing.
"Oo 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 dispossess the petitioner from landed property to an extent of Ac. 0.29 cents situated in Sy.No.175/5A of Ummilada Village, Santhabommali Mandal of Srikakulam District, pending disposal of the Writ Petition No.20376 of 2020, on the file of the High Court. Lo THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
In view of the documents attached along with the writ petition shows that the petitioner is absolute owner of the subject property and his name reflected in the revenue records.
Post on 02.12.2020.
The respondents are directed not to dispossess the petitioner without following due process of law. A "Oo SD/-
"SSISTANT RESIST ITRUE COPY!// Mit? ( r For ASSISTANT REGISTRAR oO,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
The District Collector, Srikakulam District. The Tahsildar, Santhabommali Mandal, Srikakulam District. (1 to 3 by RPAD- along with a copy of petition and affidavit) One CC to Sri.M.Lakshmi Narayana Advocate [OPUC] Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] . One spare copy woh On SRL HIGH COURT DRJ DATED:04/11/2020 NOTE: POST ON 02.12.2020 NOTICE BEFORE ADMISSION WP.No.20376 of 2020 DIRECTION oA BPP et 1 ERY "Al