Andhra Pradesh High Court - Amravati
Kolli Venkatarao, vs The State Of Andhra Pradesh on 22 January, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
eRe EnesEe? < te Pe IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVASI FRIDAY, THE TWENTY SECOND DAY OF JANUARY}! 77' TWO THOUSAND AND TWENTY ONE t :PRESENT: re THE HONOURABLE SRI JUSTICE NINALA JAYASURYA~. WRIT PETITION NO: 1164 OF 2021 sO xe Between: 1. Kolli Venkatarao, S/o Venkateswarlu. 2. Koneti Venkateswarlu, S/o Late Yellamanda. _ Petitioners -- AND 1. The State of Andhra Pradesh, represented by Its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathl. . . The District Collector, Prakasam District at Ongole. Revenue Divisional Officer (R.D.O.), Prakasam District at Ongole. The Tahslidar, Addanki Mandal, Prakasam District. Ron ..« 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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the petitioners to vacate from the property of an extent of Ac. 0.28 cents in S. No. 2212/1 of North Addanki Village, Addanki Mandal, Prakasam District where in a residential asbestos shed and a bunk are existing and threatening to demolish the same and to distribute the same under the state Government scheme Navaratnalu to the house less poor without following due process of law as illegal, arbitrary, irregular, unreasonable, besides violative of Articles14, 21 and 300(A) of the Constitution of India and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners of the above property. - 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 direct the respondents not to interfere with the possession and enjoyment of the petitioners over an extent of Ac. 0.28 cents in S. No. 2212/1 of North Addanki Village, Addanki Mandal, Prakasam District where in a residential asbestos shed and a bunk are existing, Pending disposal of WP 1164 of 2021, 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 Venkateswarlu Chakkilam, Advocate for the Petitioners, and of GP for Revenue Advocate for the Respondént(s) and the Court made the following. ~ ORDER:
(Taken up through video conferencing) Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. Learned Assistant Government Pleader seeks time to file counter in the matter.
The grievance of the petitioner in this writ petition is that the respondents are trying to interfere with the petitioners' possession over the subject property without following due process of law. ~ Having considered the submissions made by learned counsel for 'the petitioners and perusing the material filed along with the writ petition, there shall be an interim direction to the respondents not to dispossess the petitioners from the subject property without following due process of law.
Li tter after th ks. Sd/-M.RameshBabu ist the matter after three weeks ASSISTANT REGISTRAR TRUE COPY// ; [eee For SECTIONIOFFICER To,
1. The Principal Secretary, Revenue Department, Secretariat Buildings, State of Andhra Pradesh, Amaravathl.
The District Collector, Prakasam District at Ongole. "~~ _ Revenue Divisional Officer (R.D.O.), Prakasam District at Ongole. _ The Tahslidar, Addanki Mandal, Prakasam District. (RR 1 to 4 by RPAD) One CC to Sri. Venkateswarlu Chakkilam Advocate [OPUC] ~ Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT] One spare copy NOOR WN PR _HIGH COURT NJSJ DATED:22/01/2021 LIST THE MATTER AFTER THREE WEEKS.
ORDER WP.No.1164 of 2021 DIRECTION 25 JAN 2021