Andhra Pradesh High Court - Amravati
Upputuri Pedda Kondaiah vs State Of Andhra Pradesh, on 9 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) , MONDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20003 OF 2020 Between: Upputuri Pedda Kondaiah, S/o. Ramaiah, aged 70 years, Gummalla Ramesh, S/o. Subba Rao, aged 42 years. Gummalla Subba Rao, S/o. Narasaiah, aged 70 years. Gummalla Suresh, S/o. Subba Rao, aged 40 years. Vemuri Krishnaiah, S/o. Osuraiah, aged 50 years. Paleti Narayanamma, W/o. Malyadri, aged 40 years. Upputuri Venkata Rao, S/o. Pedda Kondaiah, aged 39 years. Singamaneni Ankannna, W/o. Peda Macherla, aged 55 years. . Singamaneni Chenna Krishnaiah, S/o. I3uddaiah, aged 30 years. 10. Sriram Syamala, W/o. Kesavulu, aged 28 years. 41.Sriram Dhanamma, W/o. Ankaiah, aged 61 years. 12.Basam Hyma, W/o. Narasimham, aged 25 years. 43. Muthakani Kondamma, W/o. late Malakondaiah, aged 65 years. 14.Challa Malyadri, S/o. Peraiah, aged 50 years. | 15.Singamaneni Bhagyam, W/o. Kondaiah, aged 40 years. 46. Sriram Balachennamma, W/o. Chennaiah, aged 45 years. 17. Singamaneni Bala Chennaiah, S/o. Chinna Macherla, aged 32 years. 18. Singamaneni Balachennaiah, S/o. Narasimham, aged 45 years. 19. Singamaneni Bangaraiah, S/o. Peda Macherla, aged 40 years. 20. Singamaneni Parvathi, W/o. Late Kesavulu, aged 48 years. 21.Basam Malyadri, S/o. Kondaiah, aged 45 years. 22. Pragada Venkata Lakshmamma, W/o. Vengaiah, aged 50 years. 23.Dega Jayamma, W/o. China Brahmaiah, aged 55 years. 24. Vankadari Narasimham, S/o. Chinthaiah, aged 52 years. 25. Jestadi Venkateswarlu, S/o. Venkataiah, aged 55 years. 26. Sriram Chennaiah, S/o. Chennaiah, aged 50 years. 27.Singamaneni Macharla, S/o. Malakondaiah, aged 35 years. 28. Singamaneni Siva, S/o. Malakondaiah, aged 32 years. 29. Singamaneni Chinna Krishnaiah, S/o. Buddaiah, aged 32 years. 30. Singamaneni China Malakondaiah, S/o. Kondaiah, aged 65 years. 31.Singamaneni Chennaiah, S/o, Malakondaiah, aged 45 years. 32. Singamaneni Kumari, W/o. balakesavulu, aged 28 years. 33. Singamaneni Ankamma, W/o. Late Buddaiah, aged 65 years. 34. Singamaneni Manjula, W/o. Siva, aged 28 years. 35. Singamaneni Narayanamma, W/o. Madhava, aged 26 years. 36. Singamaneni lyathamma, W/o. Balachennaiah, aged 28 years. 37.Gummalla Vaidehi, W/o. Ramesh, aged 36 years. 38. Madduluri Adilakshmamma, W/o. Malyadri, aged 42 years. 39. Singamaneni Madamma, W/o. Bodaiah, aged 55 years. 40.Gummalla Srinu, S/o. Subba Rao, aged 35 years. 41.Singamaneni Kondaiah, S/o. Kondaiah, aged 27 years. 42.Kamineni Lakshmamma, W/o. Brahmaiah, aged 50 years. 43. Bobbani Chinnammi, W/o. Ramaiah, aged 50 years. 44. Kethineni Radha, W/o. Malakondaiah, aged 44 years. 45. Singamaneni Naveen, S/o. Kondaiah, aged 22 years. 46.Basham Narasimham, S/o. Subbaiah, aged 30 years. OONOoARWN > ' 47.Gaddi Govindamma, W/o. Kondala Rao, aged 28 years. 48.Basam Balamma, W/o. Ramaiah, aged 33 years. 49. Peddeti Bala Ankamma, W/o. Narasimhulu, aged 35 years. 50. Singamaneni Balanarayana, S/o. Bodaiah, aged 30 years. All the petitioners are cultivators by their profession, R/o. Ramalingapuram Village, H/o. Ayyavaripalli Village, Voletivaripalem Mandal, Prakasam District Petitioners AND 1. State of Andhra Pradesh, Rep. by Principal Secretary -to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. District Collector, Prakasam District at Ongole. Revenue Divisional Officer, Kandukuru Revenue Division, Prakasam District. Thasidlar, Voletivaripalem Mandal, Prakasam District. Station House Officer, Voletivaripalem Police Station, Prakasam District. Kalichetty Balakotaiah, S/o. Atchaiah, aged 50 years, R/o. Bandapalem, Pothurajumitta Village, Kandukuru Town and Mandal, Prakasam District. 7. Kudali Baskar, S/o. Kondaiah, aged 42 years, R/o. Ayyavaripalli Village, Voletivaripalem Mandal, Prakasam District. 8. Jakkula Kumar, S/o. China Kotaiah, aged about 50 years, R/o. Kondepi Village and Mandal, Prakasam District. . 9. Ademma, W/o. Not Known, aged 55 years, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District. 10. Adilakshmamma, W/o. Not Known, aged about 40 years, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District. 11.Malyadri, S/o. Not Known, aged about 40 years, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District. . 12.Seshu, S/o. Not Known, aged about 45 years, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District. 13.Kondamma, W/o. Not Known, aged about 45 years, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District. 14. Sunitha, W/o. Not Known, aged about 40 years, Rio. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District. Oakwn Respondents
WHEREAS the Petitioners above named through their Advocate Smt.Nimmagadda Revathi 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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondents 4 and 5 at the instance of respondents 6 to 14 in insisting the petitioners to vacate from their respective agricultural lands covered by Survey Numbers 30/1, 39/3, 40/1, 40/3, 39/1, 39/2, 30/2, 36/2, 29/1, 29/2, 31/1, 31/2, 32, 33/1, 34/1, 34/2, 35/2, 37/2, 37/3, 38/1, 38/2, 41/2, 41/1, 42/1, 42/3, 43/1, 44/1, 44/2, 45/2, 45/3, 36/3, 46/2, 46/1, 47/2, 48/1, 48/2, 49/3, 33/2, 51 of Ramalingapuram Revenue Village in Voletivaripalem Mandal of Prakasam District without following any known procedure established by law, as illegal, irregular, irrational, violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners possession over their said respective lands;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Smt.Nimmagadda Revathi Advocate for the Petitioners GP for Revenue for Respondent Nos.1 to 4 and of GP for Home 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.
You viz:
1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. District Collector, Prakasam District at Ongole.
3. Revenue Divisional Officer, Kandukuru Revenue Disp Prakasam District. | Thasidlar, Voletivaripalem Mandal, Prakasam District. | Station House Officer, Voletivaripalem Police Station, Prakasam District.
Kalichetty Balakotaiah, S/o. Atchaiah, R/o. Bandapalem, Pothurajumitta Village, Kandukuru Town and Mandal, Prakasam District.
7. Kudali Baskar, S/o. Kondaiah, R/o. Ayyavaripalli Village, Voletivaripalem Mandal, Prakasam District.
8. Jakkula Kumar, S/o. China Kotaiah, R/o. Kondepi Village and Mandal, Prakasam District.
9. Ademma, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
10. Adilakshmamma, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
11.Malyadri, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
12.Seshu, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
13.Kondamma, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
14.Sunitha, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
oar 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 98.12.2020, 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 writ petition, the High Court may be pleased to direct the respondents not to interfere in any manner with petitioners' possession and enjoyment e over their landed properties covered by Survey Numbers 30/1, 39/3, 40/1, 40/3, 39/1, 39/2, 30/2, 36/2, 29/1, 29/2, 31/1, 31/2, 32, 33/1, 34/1, 34/2, 35/2, 37/2, 37/3, 38/1, 38/2, 41/2, 41/1, 42/1, 42/3, 43/1, 44/1, 44/2, 45/2, 45/3, 36/3, 46/2, 46/1, 47/2, 48/1, 48/2, 49/3, 33/2, 51 of Ramalingapuram Revenue Village in Voletivaripalem Mandal of Prakasam District, pending disposal of the Writ Petition No.20003 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Learned Government Pleader for Revenue takes notice on behalf of Respondents 1 to 4.
Government Pleader for Home takes notice on behalf of Respondent No.5. Petitioner's counsel is permitted to take out personal notices on the respondents 6 to 14, through RPAD and file proof of service.
Meanwhile, status quo shall be maintained by both the parties in all / : respects, as on today.
Sd/-K. TATARAO ASSISTANT REGISTRAR' IITRUE COPY!/ Arca For ASSISTANT REGISTRAR
1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. District Collector, Prakasam District at Ongole.
Revenue Divisional Officer, Kandukuru Revenue Division, Prakasam District.
Thasidlar, Voletivaripalem Mandal, Prakasam District.
Station House Officer, Voletivaripalem Police Station, Prakasam District.
6. Kalichetty Balakotaiah, S/o. Atchaiah, R/o. Bandapalem, Pothurajumitta Village, Kandukuru Town and Mandal, Prakasam District.
7. Kudali Baskar, S/o. Kondaiah, R/o. Ayyavaripalli Village, Voletivaripalem Mandal, Prakasam District.
8. Jakkula Kumar, S/o. China Kotaiah, R/o. Kondepi Village and Mandal, Prakasam District.
9.. Ademma, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
10.Adilakshmamma, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
11.Malyadri, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
12.Seshu, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
13.Kondamma, R/o. Sreenagar Colony, Kandukur Town and Mandal, Prakasam District.
14. Sunitha, R/o: Sreenagar Colony, Kandukur Town and Mandal, Prakasam District. (1 to 14 by RPAD- along with a copy of petition and affidavit)
15.One CC to Smt.Nimmagadda Revathi Advocate [OPUC]
16. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
17.Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT]
18.One spare copy "
To, on oe SRL / HIGH COURT DRJ DATED:09/11/2020 NOTICE BEFORE ADMISSION WP.No.20003 of 2020 STATUS QUO oy ay