Andhra Pradesh High Court - Amravati
Dubayahokshuva, vs The State Of Andhra Pradesh, on 6 October, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI C= ee
(Special Original Jurisdiction) { 1 4 &
TUESDAY, THE SIXTH DAY OF OCTOBER va ce" a
TWO THOUSAND AND TWENTY ae
:PRESENT:
THE HONOURABLE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI
WRIT PETITION NO: 9728 OF 2020
Between:
1.
2.
DubaYahokshuva, S/o.D.Sundaram, Aged about 59 years, Occ - Agriculture R/o
H No.5-46, Main Centre, T Narsapuram, West Godavari District.
Natta Baburao, S/o N.Bhushanam, Aged about 48 years, Occ - Agriculture R/o D
No.2-20, Pathuru, Near CSI Church, Allipalle, Utasamudram, West Godavari
District.
Nuthi Venkara Swamy, S/o N.Narasimha Rao, Aged about 30 years, Occ -
Agriculture, Main Road, T-Narsapuram, West Godavari District.
Seelam Sarojini, W/o S.Satyanandam, Aged about 47 years, Occ - Agriculture
Rio H.No.4-47 Main Road, T-Narsapuram, West Godavari District.
Kamuti Durga Rao, W/o K.Veeraswamy, Aged about 59 years, Occ - Agriculture
R/o H.No.2-26, Metta Gudem Village, T Narsapuram Mandal, West Godavari
District.
Bodigadla Lavanya, S/o Copal Krishna, Aged about 30 years, Occ - Agriculture,
R/o No.3-25 Main Road,T-Narsapuram, West Godavari District..
Duba Abraham, S/o D.Mokkayolu, Aged about 69 years, Occ - Agriculture, R/o H
No.5-36 Main Road, T-Narsapuram, West Godavari District.
Seelam Aparayam, S/o S.Siddaiah, Aged about 64 years, Occupation
Agriculture, R/o H No.6-118, Indira Colony, T Narsapuram, West Godavari.
inumula Durgarao, S/o |.Venkatarayudu, Aged about 69 years. Occ Agriculture
R/o H No.1-134, Metta Gudem T Narsapuram Mandal, West Godavari,
10.Busi Jaya Raju, S/o. Mahalakshmudu, Aged about 40 years, Occ - Agriculture,
Oo
R/o H No.4-25 Main Road, T-Narsrpurain, West Godavari District
Petitioners
AND
. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue
Department, Secretariat, Amaravati.
The State of Andhra Pradesh, Repre sented by its Principal Secretary, Energy
Department, Secretariat, Amaravati.
District Collector (West Godavari), RR Peta, Eluru, West Godavari District.
Revenue Divisional Officer, T.Narasapuram Division, T.Narasapuram, West
Godavari District.
Mandal Revenue Officer, T.Narasapuram Mandal, West Godavari District.
Eastern Power Distribution Company of Andhra Pradesh United, Represented by
its Chairman and Managing Director, having its office at P and T Colony,
Seethammadhara, Visakhapatnam, Andhra Pradesh - 530 013,
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, direction or Order, more particularly a Writ of Mandamus declaring the
action of the Respondents in trying to evict the Petitioners from their agricultural lands
ad-measuring Ac.1-20 Cts, Ac.0- 79 Cts, Ac.1-20 Cts, Ac.0-19 Cts, Ac.O-39 Cts, Ac.0-
50 Cts, Ac.0-22 Cts, Ac.0-1-20 Cts, Ac.0-20 Cts, Ac.0-20 Cts (Total Ac.6-09 Cts),
situated in Sy.No.12/1 of Vaakalapudi Village, T-Narasapuram Mandal, West Godavari
District without following the procedure under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal,
arbitrary, without jurisdiction, violative of principles natural justice and the Petitioners
fundamental/constitutional rights guaranteed under Articles 14, 19, 21 and 300-A of the
Constitution of India
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 interfere with the Petitioners possession of in respect of the
agricultural lands ad-measuring Ac.I-20 Cts, Ac.O-79 Cts, Ac.l-20 Cts, Ac.0-19 Cts,
Ac.0-39 Cts, Ac.0-50 Cts, Ac.0-22 Cts, Ac.0-1-20 Cts, Ac.O-20 Cts, Ac.O-20 Cts (Total
Ac.6-09 Cts), situated in Sy.No.12/1 of Vaakalapudi Village, T-Narasapuram Mandal,
West Godavari District, pending disposal of WP No.9728 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 the order of the High Court erderdated 09-06-2020 &
92.06.2020 made herein and upon hearing the arguments of SRI M R K
CHAKRAVARTHY Advocate for the Petitioners, and of GP FOR REVENUE for the
Respondents, the Court made the following.
ORDER:
(Through Video Conferencing) Heard learned counsel for the parties. Interim order passed earlier shall remain in operation until further orders.
Immediately on resumption of physical hearing, the case be listed for further orders.
Sd/- B. NARSING RAO ASSISTANT REGIST "
eewreou' TRUE COPY/ FOR ASSISTANT REGISTRAR To,
4. One CC to SRI MR K CHAKRAVARTHY Advocate [OPUC]
2. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 3, One spare copy SRL HIGH COURT HC, J DATED: 06/10/2020 NOTE: IMMEDIATELY ON RESUMPTION OF PHYSICAL HEARING, THE CASE BE LISTED FOR FURTHER ORDERS. ORDER | a aN WP.NO.9728 OF 2020 Xe Oe snate ~ aaa ff 4 EXTENSION OF INTERIM ORDER