Andhra Pradesh High Court - Amravati
The Hindustan Shipyard Staff ... vs State Of Andhra Pradesh, on 7 September, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
[3209] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 15828 OF 2020 Between: The Hindustan Shipyard Staff Co- -operative Building Society Limited, No.13-1260, Gandhigram, Visakhapatnam; rep. by its Vice President B.Mohan Rao, s/o. Brundavanam, aged 63 years, r/o, 65.6-342, Mulagada 'lousing Society, New Gajuwaka, Visakhapatnam Petitioner AND 1. State of Andhra Pradesh, rep, by its Principal Secretary to Government, Revenue (Land Acquisition), Secretariat, Velagapudi, Guntur district 2. The District Collector, Visakhapatnam District, Visakhapatnam 3. The Special Deputy Collector-cum- LAD, A.P.1.1LC, VSEZ, Industrial Estate, Marripalem, Visakhapatnam 4. The Revenue Divisional Officer, Visakhapatnam District 5. The Mandal Revenue Officer, Pendurthi Mandal, Visakhapatnam District 6. The Development Commissioner, V.S.E.Z., Industrial Estate, Marripalem, Visakhkapatnam 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 an appropriate order, writ or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents in trying to dispossess the members of petitioner society from an extent of Ac.19.50 cents of land in survey no.7/4A Part in Naravava village. Pendurthi Mandal. Visakhapatriam District though the order passed by this Honourable Court in W.P. No.4038/2011 dated 21.02.2011 is subsisting as illegal. arbitrary. contrary to law and violative of Articles 14, 24 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the members of petitioner society from the extent of Ac.19.50 cents of land in survey no.7 4APart in Naravava village, Pendurthi Mandal, Visakhapatnam District, 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 dispossess the members of petitioner society from the extent of Ac.19.50 cents of land in survey no.7/4A Part in Naravava village, Pendurthi Mandal, Visakhapatnam District, pending disposal of WP 15828 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 E V V S RAVI KUMAR Advocate for the Petitioner, and of GP FOR LAND ACQUISITION for the Respondents the Court made the following. ORDER:
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"Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition.
2. The grievance of the petitioner, in the present writ petition, is that the respondents are trying to dispossess the members of the petitioner society from the land in an extent of Acs.19.50 cents situated in survey No.7/4A Part in Naravava Village, Pendurthi Mandal, Visakhapatnam District without issuing any notice. The petitioner society, in the writ present petition, avers that on an earlier ~ occasion the petitioner filed Writ Petition No.4038 of 2011 and despite the pendency of the said writ petition, the authorities concerned are resorting to high-handed action of dispossessing the petitioner-society and its members from the subject matter land.
3. Learned counsel for the petitioner states that if the petitioner-society/its members are dispossessed from the subject land pending disposal of Writ Petition No.4038 of 2011, they would suffer serious prejudice. Learned counsel also states that there is an interim order, which is subsisting in the above writ petition, to the effect that any construction made in the subject matter property shall be subject to result of the said writ petition. Learned Assistant Government Pleader, on instructions submits that the said writ petition is filed seeking a direction for reconveyance of the subject matter property and that the possession of the land was handed over for Special Economic Zone on 24.12.2006 and disputes the averments made in the writ petition.
4. Be that as it may, since Writ Petition No.4038 of 2011 is stated to be pending before this Hon'ble Court and an interim order is in force, there shall be status quo with regard to the subject matter property for a period of eight weeks.
5. List the matter along with Writ Petition No.4038 of 2011 after three weeks for filing counter."
Sd/-K. TATARAO ASSISTANT REGISTRAR A fh "
ITRUE COPYII beth For ASSISTANT REGISTRAR To,
1. The Principal Secretary to Government, Revenue (Land Acquisition), State of Andhra Pradesh, Secretariat, Velagapudi, Guntur district The District Collector, Visakhapatnam District, Visakhapatnam The Special Deputy Collector-cum-LAD, A.P.1.I.C, VSEZ, Industrial Estate, Marripalem, Visakhapatnam The Revenue Divisional Officer, Visakhapatnam District The Mandal Revenue Officer, Pendurthi Mandal, Visakhapatnam District The Development Commissioner, V.S.E.Z, Industrial Estate, Marripalem, Visakhkapatnam (Addresses 1 to 6 by RPAD) One CC to SRI E V V S RAVI KUMAR Advocate [OPUC] Two CCs to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh. [OUT]
9. One spare copy wh Oak om HIGH COURT NJSJ DATED:07/09/2020 ORDER WP.No.15828 of 2020 STATUS QUO Nee. eo?
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