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Andhra Pradesh High Court - Amravati

Sri Kaki Prakash Reddy, vs The State Of Andhra Pradesh, on 22 February, 2021

Author: M.Ganga Rao

Bench: M.Ganga Rao

!

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

'MONDAY, THE TWENTY SECOND DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SRI JUSTICE M.GANGA RAO

 

WRIT PETITION NO: 22169 OF 2020
Between:

Sri Kaki Prakash Reddy, S/o. Appala Reddy,
' Petitioner
- AND oo

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries
Department, A.P. Secretariat, Velagapudi, Guntur District.

2. The AP Industrial Infrastructure Corporation, Mangalagiri, Guntur District. Rep.
by its Managing Director,

3. The AP Industrial Infrastructure Corporation, Zonal Office at Visakhapatnam.
Andhra Pradesh. Rep. by its Zonal Manager,

4. The District Collector, Visakhapatnam District.

9. M/s. Sri Durga Industries, Rep. by its Managing Partner, A partnership firm
' bearing Regd.No. 306/2016
[i].Smt. Pujachand, W/o. Naveen Chand, Aged about 45 years, business, R/o. Flat

No. 302, Street No. 8, Devi Palace, Hubsiguda, Hyderabad. |

[li].Sri Chintalapalli Jalander Reddy, S/o. Ch. Mallareddy, Aged about 55 years,
business, R/o. Flot No. 128, Balamrai Housing Society, Mahendra Hills, East
Maredpalli, Secunderabad.

[iii]. Peddintli Rao Valavala, S/o V. Satyanarayana, Aged about 50 years, business,
R/o. Flot No. 202, SMR Ram Residency, West Maredpalli, Secunderabad.
liv].Sattireddy Mahender Reddy, S/o. Sri K. Pulla Reddy, Aged about 55 years,
business, R/o. 1-2-67, Kakatiya Nagar, Hubsiguda, Hyderabad.

6. M/s Sri Vijayalakshmi Enterprises, Rep. by its Partner, Bearing No. 356/2017,

[ i ]Gumpina Ramesh Gupta, S/o. late Sri Sarveswara Rao, Aged about 61 years,
Business, R/o. 7-9-29, Matimanuguriveedhi, Anakapalli, Visakhapatnam-531 001.
[ii]. Hanumalisetty Jagadish, S/o. Sri Venkata Raju, Aged about 60 years, business,
R/o. 11-3-30, Jampavari Street, Near Jain Temple, Anakapalli, Visakhapatnam-531
001.

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
[A].to declare the highhanded action of the Respondents 2 & 3 in trying to dispossess
the petitioner and others from an extent of 1.80 cents in Sy.No. 46/4 and 0.31 cents in
Sy.No. 46/5 and 0.80 cents in Sy.No. 48 and 1.30 in Sy.No. 49 of Chinagantyada
Village, Gajuvaka Mandal, Visakhapatnam without following the due process of law is
illegal, arbitrary and unjust and contrary to the order passed in W.P.No. 1238 of 2007
[B].to declare the action of the Respondents 2 & 3 in executing the agreement dated
13.09.2019 executed by the 3rd Respondent in favour of the 5th Respondent in respect
of Ac. 2.38 cents situated at Block-B, Industrial Park, Autonagar, Visakhapatnam,
situated in Sy.No. 46/4 part of Chinagantyada Village, Gajuvaka Mandal,
Visakhapatnam and sale deed dated 12.02.2018 in favour of the 6th Respondent in
respect of 7300 Sq. meters or 8732.06 Sq. Yds situated in Sy.No. 48 part executed by
the 3% respondent part of Chinagantyada Village, Gajuvaka Mandal, Visakhapatnam as
illegal, arbitrary and unjust.
 

[C].to declare the action of the respondents 2 & 3 in not considering petitioners case for °
allotment of land in Sy.Nos. 46/4 and 46/5 and 47 and 48 in petitioners favour even on
payment of market value as illegal, arbitrary, unjust and without jurisdiction.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in W.P., the High Court may be pleased to direct the Respondents to
consider the case of the petitioners as stated in their representations dated 13.07.2020
and 08.08.2020 for allotment of land in their favour, pending disposal of WP No. 22169
of 2020, on the file of the High Court.

IA NO: 2 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 dispossession of the petitioner and other members of the family from extent of
1.80 cents in Sy.No,.46/4 and 0.31 cents in Sy.No. 46/5 and Ac. 0.80 cents in Sy.No. 48
and 1.30 in Sy.no. 49 of Chinagantyada Village, Gajuvaka Mandal, Visakhapatnam,
pending disposal of WP No. 22169 of 2020, on the file of the High Court.

The petition coming on for hearing, and upon perusing the petition and affidavit
filed herein and Orders of High Court dated 7-12-2020, 07-01-2021, 28-01-2021 & 10-
02-2021 made herein and upon hearing the arguments of Sri MR S Srinivas, Advocate
for the Petitioner, and Sri P. Sridhar Reddy, Advocate for Respondent No.5, the Court
made the following

ORDER:

Learned counsel for the petitioner states that he filed reply today. Registry is directed to verify and put up the reply. Post on 26-02-2021.

Interim Order granted earlier is extended till then. Sd/- T. Madhavi ASSISTANT REGISTRAR TRUE COPY// | For ASSISTANT REGISTRAR One CC to Sri M.R.S. Srinivas, Advocate (OPUC) One CC to Sri J.Ugranarasimha, standing counsel (OPUC) One Sri P. Sridhar Reddy, Advocate (OPUC) Two CCs to GP for Revenue, High Court of A.P., at Amaravati (OUT) Two CCs to GP for Industries, High Court of A.P., at Amaravati (OUT) The Section Officer, Writ Single Non Service Section One spare copy .

To, NOaR WON > Skm HIGH COURT MGR,J DATED:22-02-2021 NOTE: POST ON 26-02-2021 ORDER WP.No.22169 of 2020 EXTENSION OF INTERIM ORDER mo "Tt ne CE 3