Guntupalli Nageswara Rao vs The State Of Andhra Pradesh on 11 August, 2020

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Andhra Pradesh High Court - Amravati

Guntupalli Nageswara Rao vs The State Of Andhra Pradesh on 11 August, 2020

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY, THE ELEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY ~-
: PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 5023 OF 2020 |
Between: :
1. Guntupalli Nageswara Rao, S/o. late Venkaiah, Hindu, a ed 47 years, Sweeper,
contrat excise department, Guntur, now resident of 5" line, Kannavarithota,
untur.
2. Guntupalli Sarada, D/o. late Venkaiah, Hindu, aged 45 years, Unmarried, R/o.
Bommanampadu village, Addankimandal, Prakasam District.
3. Guntupalli Hari Nadh, S/o. late Venkaiah, Hindu, aged 42 years, Car driver,
R/o.D.No.1-12-14, 2nd ward, Ponnur town and mandal, Guntur District.
4. Guntupalli. Rama Rao, S/o. late. Venkaiah, Hindu, aged 38 years, Mason,
R/o.Bommanampadu village, Addankimandal, Prakasam District.

Petitioners
AND

4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue

Department, Secretariat building, Velagapudi, Guntur District.

The District Collector, PrakasamDistrict, A.P.

The Revenue Divisional Officer, Ongole Division, Ongole, Prakasam District, A.P.

The Tahsildar, Addankimandal, Addanki, Prakasam District, A.P.

PWN

Respondents

WHEREAS the Petitioner above named through their Advocate Y KOTESWARA
RAO presented this 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 Writ or order or direction Under Article 226 of the Constitution of
India, particularly one in the nature of Writ of Mandamus declaring the action of the 4
respondent in erecting the red flag poles in our field situated in survey No.283/B2 dry
land in an extent of Ac.0-80 cents of Bommanampaduvillage of Addankimandal,
Prakasam District, on which the 4° respondent erected red flag poles as unjust,
arbitrary, illegal besides violation of articles 14 and 300(A) of constitution of India and
direct the respondents not to interfere with our peaceful possession and enjoyment of
the land in survey No. 283/B2 dry land of Bommanampadu village of Addankimandal,
Prakasam District, in an extent of Ac.0.80 cents of dry' land and to remove the red flag
poles erected on our land

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Y KOTESWARA RAO Advocate for the
Petitioner, directed issue of notice to the Respondents herein to show cause as to why
this WRIT PETITION should not be admitted.

You viz:
4. The Principal Secretary, Revenue Department, Secretariat building, Velagapudi,

State of Andhra Pradesh, Guntur District.

2. The District Collector, Prakasam District, A.P.
3 The Revenue Divisional Officer, Ongole Division, Ongole, Prakasam District, A.P.
4. The Tahsildar, Addankimandal, Addanki, Prakasam District, A.P.

are directed to show cause either appearing in person or through an Advocate, as to
why in the circumstances set out in the petition and the affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted, within four weeks, on which
date the case stands posted for hearing

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 pass an
interim order directing the respondent not to interfere with our peaceful possession and

enjoyment of the land in survey Nos. 283/B2 dry land of Bommanampadu village of
Addankimandal, Prakasam District, in an extent of Ac.0.80 cents of dry land and to

remove the red flag poles erected there on, pending disposal of WP No.5023 of 2020,
on the file of the High Court.

The Court made the following:

ORDER:

"Notice before admission.

Post after four weeks. -

There shall be interim direction to the respondents not to dispossess the petitioners from the subject property without following due process of law". et SD/- V. DIWAKAR ASSISTANT REGIST RAR TRUE COPY// Hy! For ASSISTANT REGISTRAR

1. The Principal Secretary, Revenue Department, Secretariat building, Velagapudi, State of Andhra Pradesh, Guntur District. The District Collector, Prakasam District, A.P. The Revenue Divisional Officer, Ongole Division, Ongole, Prakasam District, A.P. The Tahsildar, Addankimandal, Addanki, Prakasam District, A.P. (Addresses 1 to 4 by RPAD- along with a copy of petition and memorandum of grounds) One CC to SRI Y KOTESWARA RAO Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] One spare copy To, BON Nom HIGH COURT DRJ DATED:11/08/2020 NOTE: POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No.5023 of 2020 INTERIM DIRCTION

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Andhra Pradesh High Court - Amravati