Andhra Pradesh High Court - Amravati
B Prasada Rao vs The State Of Andhra Pradesh on 31 July, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
a IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) FRIDAY ,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI WRIT PETITION NO: 12918 OF 2020 Between: Burle Prasada Rao, S/o late Pentiah, Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue (Assignments) Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Chief Commissioner of Land Administration,, Government of A.P, Gollapudi, Vijayawada. 3. The District Collector,, Vizianagaram District. 4. The Tahsildar, Vizianagaram Mandal Vizianagaram District. 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 writ, order or direction more particularly one in the nature of WRIT of MANDAMUS aggrieved by the action of the Respondents in illegally interfering with petitioner's peaceful and ownership of the land covered by S.No. 364/12 measuring an extent of Ac.4-58 cts situated in Gollalpeta H/O Sarika Village, Vizianagaram Mandal, Vizianagaram District and forced to vacate/evict without issuing any notice and without following due process of law is highly illegal, unjust, arbitrary and contrary to law violating principles of natural justice and detrimental to the rights under Articles 300-A, 14 and 21 of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession of the petitioner from his land in S.No. 364/12 measuring an extent of Ac.4-58 Cts situated in Gollalapeta H/O Sarika Village, Vizianagaram Mandal, Vizianagaram District without any authority of law IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to interfere with petitioner's peaceful possession and ownership of the land measuring an extent of Ac.4-58 cts situated in S.No. 364/12 Gollalapeta H/O Sarika Village, Vizianagaram Mandal, Vizianagaram District, pending disposal! of WP 12918 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 S. Harinathda Reddy Advocate for the Petitioner and of GP for Revenue for the Respondents, the Court made the following. ORDER:
(Taken up through video conferencing) Sri S. Harinath Reddy, counsel for the petitioner. Government Pleader for Revenue accepts notice on behalf of the respondents and seeks time to file reply.
Let reply be filed within four weeks. lo Heard on the question of admission as well as interim relief. In the facts of the case, subject to filing of reply by the respondents, by way, of interim relief, it ts directed that no house site pattas shall be granted by the Government in respect of the subject land under the scheme 'Navaratnalu -- Pedalandariki Ilu' and status quo as it exists today shall be maintained in respect of the said land, until the next date of listing. List after f Ks.
ist after four WEEKS Sa/- K. VENKAIAH ASSISTANT REGISTRAR [TRUE COPY!/ For acsistanae iSTRAR To
4. The Principal Secretary to Government, Revenue (Assignments) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The Chief Commissioner of Land Administration, Government of AP, Gollapudi, Vijayawada.
The District Collector, Vizianagaram District. The Tahsildar, Vizianagaram Mandal Vizianagaram District. (1 to 4 by RPAD) One CC to SniS. Harinath Reddy. Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One spare COpy Non RE N TVR HIGH COURT HCJ DATED:31/07/2020 ORDER WP.No.12918 of 2020 LIST AFTER FOUR WEEKS