Andhra Pradesh High Court - Amravati
Chilaka Solmon Raju, 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) YO THURSDAY, THE TWENTY six DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: a THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 22146 OF 2020 Between: 1. Chilaka Solmon Raju, S/o Moses, Male, Aged 53 years, Occ- Pastor, 2. Chilaka Prem Swaroop, S/o. Solmon Raju, Aged 26 years, Occ- Unemployee, 3. Chilaka Akhil Swaroop, S/o. Solmon Raju, Aged 20 years, Occ- Student, All the petitioners dre residents of A. S.M. Compound, Markapur, Prakasam District. Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department (Land Acquisition), Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. Special Collector (Land Acquisition), Poola Subbaiah Veligonda Project, Ongole, Prakasam District. 4. Special Deputy Collector (Land Acquisition), Poola Subbaiah Veligonda Project, Unit-l, Markapur, Prakasam District. 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 in not considering petitioners' representation dated 09.11.2020, submitted to respondents 2 to 4 for granting Rehabilitation and Resettlement Benefits for providing alternative land to 1 petitioner's children i.e., petitioners 2 and.3 who are above 18 years of age and construction cost of the house, in the site allotted to 1 petitioner by the respondents in lieu of acquisition of their lands of Ac. 45.84 Cents in Sy. Nos. 280/1, 280/2, 281/1, 306, 310/3, 345/2A, 381/1B, 310/1, 318, 320/1, 257/A, 258/A, 258/B and 270/5 of Kalanuthala Village, for the purpose of Poola Subbaiah Velugonda Project, pursuant to award passed in Lok Adalat Case No.347/2017 in LAOP.NO. 65/2009 and Batch, as illegal, irregular, irrational, amounts to non-discharge of legal obligation conferred on them under the provisions of Central Act, 30 of 2013 and offends articles 14, 21 and 300- A of Constitution of India and consequently direct the Respondents to grant Rehabilitation and Resettlement benefits in favour of petitioners on far with brothers of 1st petitioner;
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 Petitioner, 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 (Land Acquisition), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Prakasam District at Ongole.
- 3. Special Collector (Land Acquisition), Poola Subbaiah Veligonda Project, Ongole, Prakasam District.
4. Special Deputy Collector (Land Acquisition), Poola Subbaiah Veligonda Project, Unit-], Markapur, Prakasam 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 28.12.2020, 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 petition, the High Court may be pleased to direct the respondents to consider and initiate necessary action on petitioners' representation dated 09.11.2020 and submitted to respondents 2 to 4 for granting Rehabilitation and Resettlement Benefits in lieu of acquisition of petitioners' lands of Ac. 45.84 Cents in Sy.Nos.280/1, 280/2, 281/1, 306, 310/3, 345/2A, 381/1B, 310/1, 318, 320/1, 257/A, 258/A, 258/B and 270/5 of Kalanuthala Village for the purpose of Poola Subbaiah Velugonda Project, pursuant to award passed in Lok Adalat Case No.347/2017 in LAOP.NO. 65/2009 and Batch, pending disposal of Writ Petition No.22146 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Post after four (4) weeks.
In the meanwhile, respondents are directed to file their counter. Sd/- P. VENKATA RAMANA _ ASSISTANT /GISTRAR I(TRUE COPY!/ , dk C ; For ASSISTANT REGISTRAR Oo,
1. The Principal Secretary to Government, Revenue Department (Land Acquisition), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Prakasam District at Ongole.
3. Special Collector (Land Acquisition), Poola Subbaiah Veligonda Project, Ongole, Prakasam District.
4. Special Deputy Collector (Land Acquisition), Poola Subbaiah Veligonda Project, Unit-l, Markapur, Prakasam District. (by RPAD- along with a copy of petition and memorandum of grounds) . One CC to Smt.Nimmagadda Revathi Advocate [OPUC] 5
6. Two CCs to GP for Land Acquisition, High Court Of Andhra Pradesh. [OUT]
7. One spare copy L a ee HIGH COURT DRJ LY DATED:26/1 112026 NOTE: POST AFTER couk WEEKS NOTICE BEFORE aomboron WP.No.22146 of hg orecrig