Andhra Pradesh High Court - Amravati
Karri Prathap Rayala Reddy vs The State Of Andhra Pradesh, on 19 March, 2020
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
[ 2605 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRIJUSTICE U.DURGA PRASAD RAO
WRIT PETITION NO:7461 OF 2020
Between:
Karri Prathap Rayala Reddy, S/o Venkata Reddy, Aged about 52 y
Agriculture, Resident of 3-120, Chinthalammagudi Skeet, Rayavaxam
Pasalapudi, East Godavari District
Petitioner
AND
1. The state of Andhra Pradesh, Rep by its Principal Secretary, Revenue
Department (Land Acquisition), Secretariat,Velagapudi, Guntur District.
2 The District Collector, East Godavari District at Kakinada.
3. The Revenue Divisional Officer/ Land Acquisition Officer, Ramachandrapuram,
East Godavari. District.
4. The Tahsildar, Rayavaram Mandal, East Godavari District.
Respondents
Petition under Article 226 of the Constitution of lndia 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 preliminary notification issued by the 2nd respondent in Form Vl (a) under
Section 1 1 (1) of the Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013) vide Ret.G4149712019,
dated 03-03-2020 whereby and where under the land of the petitioner to an extent of
Ac.2.42 cents in Sy.No.182-6 situated at Pasalapudi village, Rayavaram Mandal, East
Godavari District as illegal, arbitrary, unjust and mala-fide exercise of power conferred
under the Central Act No.30 of 2013 as amended by A.P. Amendment Act No.22 of
2018 and the Rules framed there under and also violative of the Article 300-4 of the
Constitution of lndia and consequently direct the respondents herein to drop all further
proceedings in this regard forthwith
lA 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 grant
stay of all further proceedings including eviction of the petitioner from the land to an
extent of Ac.2.42 cents in Sy.No.182-6 sltuated at Pasalapudi village, Rayavaram
Mandal, East Godavari District pursuant to the preliminary Notification issued by the 2nd
respondent vide Re|.G4149712019, dated 03-03-2020 without issuing Gazette
publication under Section 10 (A) of the Right to Fair Compensation and Transparency in
Land Acquisition Rehabilitation and Resettlement Act, 2013, pending disposal of WP
No. 7461 of 2020, on the file of the High Court.
The writ petition coming on for hearing, upon perusing the petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri K Muni Reddy
Bala Prasad Advocate for the Petitioner, Additional Advocate General for the
Respondent(s) the Court made the following.
ORDER:
Learned Additional Advocate General takes notice for the respondents and seeks time to get instructions.
Post on 23.03.2020 in Motion List. ln the meanwhile, slalus quo obtaining as on today with reference to the land to an extent of Ac.2.42 cents in Sy.No.182-6 situated in Pasalapudi Village, Rayavaram Mandal, East Godavari District, shall be maintained by all concerned.
SD/-IIAMAKRISHNA
JOINT REGISTRAR
//TRUE COPY// '"
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FOr SECTIdN OFFICER
To,
i
To, C\*.J e\ /-\ f .
1. The Principal Secretary, Revenue Department (Land Acquisition), Secretariat,
Velagapudi, Guntur District. 1/
2. The District Collector, East Godavari Districtd,Kakinada.
3. The Revenue Divisional Officer/ Land Acduisition Officer, Ramachandrapuram, East Godavari. District.
4. The Tahsildar, Rayavaram Mandal, East Godavari District. (1 to 4 by RPAD)
5. One CC to SR t.K D loPUCl 6, Two CCs to Hig h Court @f Andhra Pradesh. [OUT]
7. One spare copy KLPD HIGH COURT UDPRJ DATED:1910312020 ORDER WP.No.7461 of 2020 ' tiFR 7nfii D!RECTION