Andhra Pradesh High Court - Amravati
Duddukuri Srinivasa Rao, vs State Of Andhra Pradesh, on 9 November, 2020
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY ,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 16161 OF 2020 Between: . Duddukuri Srinivasa Rao, S/o. Late Venkatappaiah, Duddukuri Murali Krishna, S/o. Scetaramaiah,,. Duduukuri Venkaiah,, S/o. Late Duduukuri Venkatappaiah, Duduukuri Ramachandra rao, S/o. Late Duduukuri Venkatappaiah, Duddukuri Ramanaiah,, S/o. D. Satyanarayana, Duddukuri Ramachandra Rao,, S/o. D. Satyanarayana,. Duddukuri Krishna,, S/o. D. Suryanarayana,. Duddukuri Lakshmi Narayana,, S/o. Sita Ramaiah,,. ONOARWN Petitioners AND --
State of Andhra Pradesh, Represented through its Principal Secretary, Revenue Department (Land Aquisition), Secretariat, Amaravati.
The District Collector, West Godavari District, Eluru.
The Land Acquisition Officer cum Sub Collector, Kukunoor, West Godavari District.
Sri Dr. R. V. Suryanarayana,, S/o. Not Known, Land Acquisition Officer 8z, Sub Collector, Kukunoor, West Godavari District.
Scot. Duddukuri Venkata Narasamma, W/o. Late Ramakrishnaiah, aged about 98 years, R/o. D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudern, ,
6. Sri Duddukuri Durga Prasad,, S/o. Late Ramakrishnaiah, aged about 57 years, R/o. D. No. 1-82, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem
7. Sri Duddukuri Ramesh,, S/o. China lakshmaiah, aged about 48 years, R/o. D. No. 1-86, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem.
8. Sri Duddukuri Ramakrishna,, S/o. China lakshmaiah, aged about 51 years, R/o. D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem.
9. Smt. Mikkilineni Sudharani, W/o. Venkatrao, aged about 47 years, R/o. D. No. 2- 2-647/3/3/2/D, CE Colony, Opp, to Ayyappa Temple, Amberpet, | lyderabad.
10.Smt. Sode Sayamma, W/o. Narsaiah, age 52 years, R/o. Nadigudem Village, Kukuncor Mandal.
a F ON Respondents WHEREAS the Petitioner above named through their Advocate Sri Pasala Ponna Rao 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 or order or direction one in the nature of Writ Of Mandamus declaring the action of the respondent s more specifically the action of respondent No. 3 in issuing the impugned order/ proceedings dt. 28-07-2020 directing the concerned to pay/deposit the amounts in the accounts of respondents 5 to 10 who are third parties to the lands admeasuring Ac. 39.05 cents in Sv. No's. 57, 78, 99, 100, 101, 102 and 107 in Aravaipalli Village acquired for submergence under Polavaram Irrigation Project declaring the respondents 5 to 10 as land owners in collusion with them for wrongful gain and without putting any notice and giving an opportunity of hearing to the petitioners herein as illegal, high handed, without authority and violative of Articles 14, 21 and 300A of the Constitution of India apart from violation of Principles of Natural Justice and violation of provisions under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently set aside the impugned proceedings dt. 28-07-2020 issued by 3pe respondent further directing to pay the compensation to this petitioners.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Pasala Ponna Rao 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:
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The Principal Secretary, Revenue Department (Land Acquisition), State of Andhra Pradesh Secretariat, Amaravati. The District Collector, West Godavari District, Eluru. The Land Acquisition Officer cum Sub Collector, Kukunoor, West Godavari District.
Sri Dr. R. V. Suryanarayana, Land Acquisition Officer 8z, Sub Collector, Kukunoor, West Godavari District.
Scot. Duddukuri Venkata Narasamma, W/o. Late Ramakrishnaiah, R/o. D. No. 1- 29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudern, Sri Duddukuri Durga Prasad,, S/o. Late Ramakrishnaiah, R/o. D. No. 1-82, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem Sri Duddukuri Ramesh,, S/o. China lakshmaiah, R/o. D. No. 1-86, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. Sri Duddukuri Ramakrishna,, S/o. China lakshmaiah, R/o. D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. Smt. Mikkilineni Sudharani, W/o. Venkatrao, R/o. D. No. 2-2-647/3/3/2/D, CE Colony, Opp, to Ayyappa Temple, Amberpet, | lyderabad.
10.Smt. Sode Sayamma, W/o. Narsaiah, R/o. Nadigudem Village, Kukuncor Mandal.
oC oO NN OD aA F ON 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 affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 01.12.2020 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 writ petition, the High Court may be pleased to suspend the impugned order/proceedings dt.. 28-07-2020 issued by 3° respondent, pending disposal of WP No. 16161 of 2020, on the file of the High Court.
The Court made the following: ORDER:
Notice before admission.
In view of the submissions, made by the counsel for the petitioners, the impugned order/proceedings, dated 28.07.2020 issued by the 3 respondent is suspended, for four (04) weeks.
Post on 01.12.2020. Meanwhile, 3 respondent shall file counter. Sd/- A, SURYA PRAKASH RAO PU SGISTRAR TRUE COPY// DEPUTY i SECTION OFFICER, To, . .
The Principal Secretary, Revenue Department (Land Acquisition), State of Andhra Pradesh Secretariat, Amaravati. The District Collector, West Godavari District, Eluru. wre Land Acquisition Officer cum Sub Collector, Kukunoor, West Godavari istrict.
Sri Dr. R. V. Suryanarayana, Land Acquisition Officer 8z, Sub Collector, Kukunoor, West Godavari District.
Scot. Duddukuri Venkata Narasamma, W/o. Late Ramakrishnaiah, R/o. D. No. 1- 29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudern,
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a FF ON Sri Duddukuri Durga Prasad,, S/o. Late Ramakrishnaiah, R/o. D. No. 1-82, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem Sri Duddukuri Ramesh,, S/o. China lakshmaiah, R/o. D. No. 1-86, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. Sri Duddukuri Ramakrishna,, S/o. China lakshmaiah, R/o. D. No. 1-29, Main Road, Burgam Pahad, Burgampahad Mandal, Badradri, Kothagudem. Smt. Mikkilineni Sudharani, W/o. Venkatrao, R/o. D. No. 2-2-647/3/3/2/D, CE Colony, Opp, to Ayyappa Temple, Amberpet, | lyderabad.
10.Smt. Sode Sayamma, W/o. Narsaiah, R/o. Nadigudem Village, Kukuncor Mandal. (1 to 10 by RPAD- along with a copy of petition and affidavit)
11.One CC to Sri Pasala Ponna Rao, Advocate [OPUC]
12.Two CCs to GP for Land Acquisition ,High Court of Andhra Pradesh. [OUT]
13. One spare copy o oe N © TVR HIGH COURT DRJ DATED:09/11/2020 NOTICE BEFORE ADMISSION ~ WP.No.16161 of 2020 POST ON 01.12.2020