Andhra Pradesh High Court - Amravati
Sri Kaki Prakash Reddy, vs The State Of Andhra Pradesh, on 26 February, 2021
Author: M.Ganga Rao
Bench: M.Ganga Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) o -FRIDAY, THE TWENTY SIXTH 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 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. 5. 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, Rio. Flat No. 302, Streét No. 8, Devi Paldce, Hubsiguda, Hyderabad. f [li].Sri Chintalapalli Jalandér 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. [iv].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,s 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 thé 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 A¢. 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 respondertt part of Chi inagantyada Village, Gajuvaka Mandal, Visakhapatnam as illegal, arbitrary and unjust. , x a we a a 2 rd VY _/AC].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. | IANO: 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 & 22-02-2021 made herein and upon hearing the arguments of Sri MRS Srinivas, Advocate for the Petitioner, and Sri P. Sridhar Reddy, Advocate for Respondent No.5, the Court made the following ORDER:
Learned counsel for petitioner states that he filed reply vide USR 14460 of 2021 dated 24-02-2021. , . ~ mos , Registry is directed to verify and put up the same. Post on 09-03-2021 for Orders. Interim Order granted earlier is extended tillthen. "~ _ Sd/-V.Diwakar | ASSISTANT REGISTRAR ITTRUE COPY// : SECTION OFFICER To, hee TU tn ttn eee tee ee fw wee ae
1. One CC to Sri M.R.S. Srinivas, Advocate (OPUC)
2. One CC to Sri J.Ugranarasimha, standing counsel (OPUC).
3. One Sri P. Sridhar Reddy, Advocate (OPUC)
4. Two CCs to GP for Revenue, High Court of A.P., at Amaravati (OUT)
5. Two CCs to GP for Industries, High Court of A.P., at Amaravati (OUT)
6. The Section Officer, Writ Single Non Service Section, High Court of A.P. at Amaravati
7. One spare copy Skm x + core i lt fn ee ee ot een ne el HIGH COURT MGR,J DATED:26-02-2021 NOTE: POST ON 09-03-2021 for orders ORDER WP.No.22169 of 2020 EXTENSION OF INTERIM ORDER ST an,