Andhra Pradesh High Court - Amravati
Kothamasu Seshagiri Rao, vs The State Of Andhra Pradesh, on 21 May, 2021
"(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIS (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MAY TWO THOUSAND AND TWENTY ONE | . :PRESENT: © oe SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION NO: 10419 OF 2021 'Between: Kothamasu "seshagii Rao, S/o Ramalingam, Aged. 58 years, R/o 18- 6- B1/A, 'avira vari Street, 'Sattenapalli, Guntur District. Petitioner , AND 41. The State of Andhra Pradesh, represented by its Principal Secretary, Department '*" of Revenue (Land Acquisition), Secretariat, Velagapudi, Amaravati, Guntur District. - The District Collector. Guntur District, Guntur. The Revenue Divisional Officer Cum Land Acquisition. Officer, Gurajala. Revenue "Division, Guntur District. The Tahasildar, Piduguralla Mandal, Piduguralla, Guntur District . The Millage Revenue Officer, Pidguralla, Piduguralla Mandal, Guntur District. I a Respondents
WHEREAS the Petitioner above named through, his Advocate SRI.K.JYOTHI PRASAD 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 'an appropriate writ; order or direction, more particularly One in the'natureé of writ of MANDAMUS declaring the high- "handed and illegal action on the part of the respondents in attempting to demolish the factory 'Painadu Poly Packs covered by Door No. 17/63 situated on the eastern side of Kondamodu-Piduguralla Road in an extent of Ac.0-51 cents equallent to 2470 Sq.Yards, D.No.897/38A, 897/2-A and 894/A, Piduguralla, Piduguralla Mandal, Guntur District and thereby dispossess the petitioner from it for the purpose of laying Piduguralla By-Pass Road without following the due procedure as contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and without paying the prescribed compensation under the Act as illegal, arbitrary and against the principles of Natural Justice besides violation of Article, 14,21 and 300-A of the Constitution of India and to consequently direct the respondents to pay fair compensation to the petitioner for his lands acquired for the purpose of Piduguralla By- Pass Road in the interest of justice;
a AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.K.Jyothi Prasad Advocate for the Petitioner and of Learned Government Pleader for Revenue for the respondents, 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, Department of Revenue (Land Acquisition), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Guntur District, Guntur.
3. The Revenue Divisional Officer Cum' Land Acquisition Officer, Gurajaia Revenue Division, Guntur District.
4. The Tahasildar, Piduguralla Mandal, Piduguralla, Guntur District.
5. The Village Revenue Officer, Pidguralla, Piduguralla Mandal, Guntur 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 19.06.2021, on which date the case stands posted for hearing.
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 pass an interim direction against the respondents not to demolish the factory "Palnadu Poly Packs" covered by Door No. 17/63 situated on the eastern side of Kondamodu- Piduguralla Road in an extent of Ac.0-51 cents equallent to 2470 Sq.Yards, D.Nos.897/38A, 897/2-A and 894/A, Piduguralla, Piduguralla Mandal, Guntur District, not to dispossess the petitioner from it for the purpose of laying "Piduguralla By-Pass Road" through it, during the pendency of the Writ Petition No.10419 of 2021, 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 the respondents and seeks time to file counter. Post after four weeks. | Meanwhile, counters of the respondents, if any.
Learned Assistant Government Pleader submits that the allegation that the respondents are trying to demolish the property in question is false and that till date, no steps have been taken in that regard. If any action is to be taken with regard to demolition of the property, it will be only in accordance with law. It is brought to the notice of the court that the requisition department being the Roads and Buildings is not shown as respondents in the writ petition.
Having regard to the facts and circumstances of the case, in view of the ~ statement made by the learned Assistant Government Pleader that till date, no steps are taken for demolition or dispossession and that if any such action for demolition or dispossession is taken, it will be only in accordance with law, granting of interim direction may not be necessary.
Post after four weeks. o Sd/-K.TataRao / ASSISTANT R GISTRAR | HTRUE COPYI/ For SECTION ¢yE FICER To,
1. The Principal Secretary, Department of Revenue (Land Acquisition), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
. The District Collector, Guntur District, Guntur. The Revenue Divisional Officer Cum Land Acquisition Officer, Gurajala Revenue Division, Guntur District.
4. The Tahasildar, Piduguralla Mandal, Piduguralla, Guntur District.
wr Ss a ane The Village Revenue Officer, Pidguralla, Piduguralla Mandal, Guntur District. (1 to 5 by RPAD- along with a copy of petition and affidavit) One CC to SRI.K.JYOTHI PRASAD Advocate [OPUC] Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. [OUT] One spare copy } HIGH COURT CPKJ DATED:21/05/2021 NOTE: POST AFTER FOUR WEEKS _ NOTICE BEFORE ADMISSION WP.No.10419 of 2021 DIRECTION ne py Cg c MER epee