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Andhra Pradesh High Court - Amravati

Tenali Ram Prasad Rao vs The State Of Andhra Pradesh, on 17 December, 2020

Author: D Ramesh

Bench: D Ramesh

[ 32087]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

SPECIAL ORIGINAL JURISDICTION)

THURSDAY, THE SEVENTEENTH DAY OF DECEMBER,

TWO THOUSAND AND TWENTY
:PRESENT:

THE HONOURABLE SRI JUSTICE DRAMESH ~~

WRIT PETITION NO: 24281 OF 2020

Between: fs Wo

4. Tenali Ram Prasad Rao, S/o Chenchaiah, aged about 62 years, R/o Manubotu~~
Village and Mandal, SPSR Nellore District.

2. Kosuru Prasad, S/o Sri Ramulu, Aged about 44 years, R/o Manubolu Village and
Mandal, SPSR Nellore District.

3. M.Srinivasulu, S/o Rosaiah, Aged about 64 years, R/o Manubolu Village and
Mandal, SPSR Nellore District.

4. Paruchuri Arunamma, W/o Ravindra Babu, Aged about 43 years, R/o Manubolu
Village-and Mandal, SPSR Nellore District.

...Petitioners
AND

1. The State of Andhra Pradesh, Revenue Department, Rep. by its Principal

Secretary Revenue Department, Secretariat, Velagapudi, Guntur District.

The District Collector, Nellore, SPSR Nellore District.

The Tahsildar, Manubolu Mandal, SPSR Nellore District.

Manubolu Gram Panchayat, Rep by its Panchayat Secretary, Manubolu Mandal,

SPSR Nellore.

5. The Assistant Executive Engineer, Irrigation Section, Water Resource
Department, Manubolu, SPSR Nellore District.

PON

...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 Orders more particularly one in the nature of a Writ of Mandamus
declaring the action of the respondents in interfering with peaceful possession and
enjoyment of petitioners houses and shops bearing assessment Nos. 1130, 1230, 626
and 603 of Manubolu village and mandal, SPSR Nellore District, as illegal, arbitrary and
unconstitutional and consequently direct the respondents not to dispossess the
petitioner from their houses and shops of Manubolu village and Mandal, SPSR Nellore
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 demolish the houses and shops of the petitioners bearing
assessment Nos. 1130, 1230, 626 and 603 of Manubolu Village and Mandal, SPSR
Nellore District without following due process of law in the interest of justice, pending
disposal of WP 24281 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 V.Sivaprasad Reddy,
Advocate for the Petitioners and GP for Revenue for the Respondent Nos. 1 to 3 and
Sri V.Vinod K Reddy Standing Counsel for the Respondent No.4 and GP for Irrigation
for the Respondent No.5, the Court made the following.

ORDER:

"Sri V.Vinod K Reddy takes notice on behalf of 4" respondent. Government Pleader for Irrigation appearing for respondent NO.5 sought time to get instructions. .

Post on 24.12.2020 in the motion list. Meanwhile, respondents are directed not to dispossess the petitioners 2 from the subject property, without following due process of law." To, on M S20 2N® ft Sd/- V. DIWAKAR , ASSISTANT REG (STRAR ITTRUE COPY!/ / ALY Aly For ASSISTANT REGISTRAR _ The Principal Secretary Revenue Department, Revenue Department, Secretariat, Velagapudi, Guntur District, State of Andhra Pradesh. The District Collector, Nellore, SPSR Nellore District. The Tahsildar, Manubolu Mandal, SPSR Nellore District. _ The Panchayat Secretary, Manubolu Gram Panchayat, Manubolu Mandal, SPSR Nellore.

The Assistant Executive Engineer, Irrigation Section, Water Resource Department, Manubolu, SPSR Nellore District. (Addresses 1 to 5 by RPAD) One CC to Sri. V.Sivaprasad Reddy, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Irrigation, High Court of AP [OUT] One CC to Sri V.Vinod K Reddy, Standing Counsel [OPUC]

0.One spare Copy HIGH COURT DRJ DATED:17/12/2020 ORDER WP.No.24281 of 2020 INTERIM DIRECTION