Andhra Pradesh High Court - Amravati
Shaik Sofia Begum, vs The State Of Andhra Pradesh on 16 March, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
neil [ 3209 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY :PRESENT: WRIT PETITION NO: 6204 OF 2020 Between: 4. Shaik Sofia Begum, W/o Madina Saheb, Aged about 40 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 1, House site Patta No.66/2019 2. Potnuru Lakshmi, W/o Paidi Raju, Aged about 45 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 3, House site Patta No.71/2019. 3. Beliana Jaya Lakshmi, W/o Late Satyanarayana, Aged about 40 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 6, House site Patta No.74/2019 4. Bellana Parvathi, W/o Appala Naidu, Aged about 50 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No.8, House site Patta No.76/2019. 5. Nydana Lakshmi, W/o Paidiyya, Aged about 45 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 12, House site Patta No.80/2019. 6. Allada Pavani, W/o Krishna Murthy, Aged about 35 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 4, House site Patta No.72/2019. 7. Pampana Pushpalatha, W/o Sridhar, Aged about 32 years, Occ- House Wife, Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 5, House site Patta No.73/2019. 8. Allada Devi, W/o Srinivasa Rao, Aged about 32 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 22, House site Patta No.69/2019 9. Allada Sujatha, W/o Ananda Rao, Aged about 45 years, Occ- House Wife, Rio. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 2, House site Patta No.70/2019. 10.Saketi Appala Swamy, S/ o Kurmi Naidu, Aged about 61 years, Occ- Cultivation, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 7, House site Patta No.75/2019. 41.Bellana Sakuntala, W/o Eswara Rao, Aged about 30 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 9, House site Patta No.77/2019. 12.Della Nooka, W/o Gowri Naidu, Aged about 32 years, Occ- House Wife, Rio. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 10, House site Patta No.78/2019. 13.Palepu Damayanthi, W/o Suryanarayana, Aged about 30 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 11, House site Patta No.79/2019. 14.Uttaravalli Bangaramma, W/o Venkataramana, Aged about 40 years, Occ- House Wife, Rio. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 14, House site Patta No.82/2019. 15. Althi Narayanamma, W/o Trinadha Rao, Aged about 28 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 15, House site Patta No.83/2019. 46. Kalisetti Radha, W/o Narayana Rao, Aged abbut 35 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 17, House site Patta No.84/2019. 17.Giridi Ramalakshmi, W/o Nooka Raju, Aged about 32 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 20 House site Patta No.80/2019. 18. Uttaravalli Daadithalli, W/o Gowri Naidu, Aged about 27 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 23, House site Patta No.67/2019 49.Konchada Venkat Lakshmi, W/o Satyam, Aged about 45 years, Occ- House Wife, R/o. Paradi Village, Bobbili Mandal, Vizianagaram District Plot No. 21, House site Patta No.68/2019 Petitioners AND 4. The State of Andhra Pradesh, Revenue Department, Secretariat Building, Amaravathi, Guntur District, Represented by its Principal Secretary , 2. The Andhra Pradesh State Housing Corporation Ltd., Near Manipal Hospital, NH- 16 Service Road, Tadepalli, Guntur District- 522501. Represented by its Managing Director. 3. The District Collector, Vizianagaram District. 4. The Project Director, Andhra Pradesh State Housing Corporation Ltd. Vizianagaram District. The Revenue Divisional Officer, Parvathipuram Division, Vizianagaram District The Tahsildar, Bobbili Mandal, Vizianagaram District. The Paradi Gram Panchayat, Bobbili Mandal, Vizianagaram District Rep. by its Panchayat Secretary NON 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 of mandamus or any other appropriate writ or direction 1) declaring the action of respondents No. 2 to 6 in threatening to dispossess the petitioners from the house sites granted to them to an extent of Ac 0.015 cents for each petitioner, situated in Survey No.167-1P of Paradi Village, Bobbili Mandal, Vizianagaram District without issuing any notice, without following due process of law and without cancelling pattas granted in favour the petitioners and 2) declaring the action of respondents No.2 to 6 in providing house sites to the 3rd parties under Navaratnalu Pedalu Andariki 11lu scheme/progromme / YSR housing scheme in the petitioner's plots situated in Survey No.167-1P of Paradi Village, Bobbili Mandal, Vizianagaram District as illegal, arbitrary and in violation of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents No. 2 to 6 to forthwith sanction the houses to the petitioners under Navaratnalu Pedalu Andarikilu scheme/progromme/ YSR housing scheme on par with other in petitioners' plots situated in Survey No.167-1P of Paradi Village, Bobbili Mandal, Vizianagaram District _ IANO: 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 stay of all further proceedings including grant of house sites to third parties under "Navaratnalu pedaluandariki illu" scheme/ programme in Survey No. 167-1P of Paradi Village, Bobbili Mandal, Vizianagaram District, pending disposal of the WP., Pending disposal of WP 6204 of 2020, on the file of the High Court. 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 not to disposes the petitioners from the house sites grated to them to an extent of Ac 0.015 cents for each petitioner, situated in Survey No.167-1P of Paradi Village, Bobbili Mandal, Vizianagaram District. pending disposal of the WP, Pending disposal of WP 6204 of 2020, 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.Taddi Nageswara Rao Advocate for the petitioners and of GP for Revenue for the Respondent Nos.1 to 6, and the Court made the following. ORDER:
At the request of learned A.G.P. for obtaining instructions post on 23.03.2020. In the meanwhile, there shall be a direction not to dispossess the petitioner, since they are beneficiaries under D-Form patta.
SD/-M.SURYANATH REDDY ASSISTANT REGISTRAR ITTRUE COPY// BA oY For ASSISTANT\.REGISTRAR To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building, Amaravathi, Guntur District
2. The Managing Director, Andhra Pradesh State Housing Corporation Ltd., Near Manipal Hospital, NH-16 Service Road, Tadepalli, Guntur District- 522501.
3. The District Collector, Vizianagaram District.
4. The Project Director, Andhra Pradesh State Housing Corporation Ltd. Vizianagaram District.
5. The Revenue Divisional Officer, Parvathipuram Division, Vizianagaram District
6. The Tahsildar, Bobbili Mandal, Vizianagaram District.
7. The Panchayat Secretary, Paradi Gram Panchayat, Bobbili Mandal, Vizianagaram District (1 to 7 by RPAD)
8. One CC to Sri.Taddi Nageswara Rao Advocate [OPUC]
9. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
10.One spare copy SRL HIGH COURT MSMJ DATED:16/03/2020 NOTE: POST 23.03.2020 ORDER WP.No.6204 of 2020 DIRECTION