Andhra Pradesh High Court - Amravati
Pangi Vanadi Died vs The State Of Andhra Pradesh, on 8 October, 2020
ners [ 2592 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE EIGHTH DAY OF OCTOBER, TWO THOUSAND AND TWENTY 4 :PRESENT: WRIT PETITION NO: 13724 OF 2020 pee Sh Don! THE HONOURABLE SRI JUSTICE A V SESHA SAI Dua 3 ! Oe / Between: 1. Pangi Vanadi (died), as per Petitioner no-3 2. Killo Arjun (died), as per Petitioner no-4 3. Pangi Ramu, S/o. Onoth, Aged 30 years, Occ. cultivation, R/o. D.No. 042, Ravvalaguda, Village, RIT] post, Aruku Mandal, Visakhapatnam 4. Killo Ramachandra Rao, S/o. Killo Jaggu, Aged 34 years, Occ. cultivation, R/o.D.No.044(2), Ravvalaguda Village, RIT! part, Aruku Mandal, Visakhapatnam. .. Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Govt., Social Welfare Department, A.P. Secretariat, Velagapudi, Amaravathi 2. The Agent to the Government Cum District Collector, Visakhapatnam Visakhapatnam district. 3. The Sub Agent to the Government cum the Agency Subordinate Judge cum Sub Collector, Paderu, Visakhapatnam Dist. The Deputy Tahsildar, Aruku Mandal, Visakhapatnam District. Pachipenta Simhachalam, S/o. Appala Swamy, aged 52 years, Occ: real estate business, (Ex-service man), R/o. Kantabamsuguda, Village, C- Colony Street, Pedalabudu Panchayat, Aruku Mandal, Visakhapatnam District at ...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 Writ order or direction more particularly one in the nature of Writ of Certiorari call for the records pertaining to Judgment dt.18-10-2019 in A.O.S.No. 53 of 2018 on the file of Respondent No.3 declare the same as illegal, arbitrary, pervasive, violation of Principles of Natural Justice and in violation of Art.14,21 and 300-A of Constitution of India and consequently set a side the same. Y ~ IA NO: 3 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 suspend the operation of Judgment dt:18-10-2019 in A.O.S.No. 53 of 2018 on the file of the Respondent No.3 by directing the Respondents not to interfere or dispossess the Petitioners from their respective lands to an extent of 3P, Ac.0-40 cents in S.No.23/C and Ac.2-00 cents in S.No. 22 total an extent of Ac.4-89 cents in Ravvalaguda Village, Paderu Taluka of Petitioner no 4 and Ac.1-00 cents in S.No.20 and Ac.0-57 cents in S.No.56/5 total extent of Ac.1-57 cents of Petitioner no-3 in Ravvalagu Village, Arakumandal, Visakhapatnam, pending disposal of WP 13724 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 upon hearing the arguments of Sri T.D.Pani Kumar, Advocate for the Petitioners and GP for Social Welfare for the Respondents, the Court made the following. ORDER:
"It is submitted by the learned counsel for petitioners that though the defendants 1 and 2 died in the year 2009 and 2011, the impugned judgment came 4 / to be passed by the Agency Subordinate Judge, Paderu, on 18.10.2019 against the dead persons and the impugned judgment is void.
On the other hand, it is submitted by the learned counsel for the 5th respondent that the survey numbers mentioned in the writ affidavit and the survey members mentioned in the schedule A.O.S.No.53 of 2018 are different and distinct survey numbers.
It is also the submission of the learned counsel for petitioners, Sri T.D.Phani Kumar, that under the guise of the orders passed in A.O.S.No.53 of 2018, the 5" respondent, with the support of the official respondents, is interfering with the possession and enjoyment in respect of the subject lands in the writ petition. These issued require consideration.
For counter of the respondents, post after Dussehra Vacation, 2020 and for a period of eight weeks from today, status quo as on today with regard to the subject property of the writ petition shall be maintained." \ end SD/- K.VENKAIAH ASSISTANT REGISTRAR (TRUE COPY// + For aseistandtledsrRaR To,
1. The Principal Secretary to Govt., Social Welfare Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi
2. The Agent to the Government Cum District Collector, Visakhapatnam Visakhapatnam district.
3. The Sub Agent to the Government cum the Agency Subordinate Judge cum Sub Collector, Paderu, Visakhapatnam Dist.
The Deputy Tahsildar, Aruku Mandal, Visakhapatnam District.
Pachipenta Simhachalam, S/o. Appala Swamy, (Ex-service man), R/o.
Kantabamsuguda, Village, C- Colony Street, Pedalabudu Panchayat, Aruku Mandal, Visakhapatnam District (Addresses 1 to 5 by RPAD) One CC to Sri. T.D.Pani Kumar, Advocate [OPUC] Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] One spare copy ok oN ~ MM HIGH COURT AVSSJ DATED:08/10/2020 NOTE: POST AFTER DUSSEHRA VACATION, 2020 ORDER WP.No.13724 of 2020 DIRECTION "oO ON QUA ww AY = x QO = 3 ce r % Av a yy) 2 ate eo ene Le oe eh oe a yo ' / Ae ir if ' Yo HS,