Andhra Pradesh High Court - Amravati
T.Subramanium vs The State Of Andhra Pradesh on 16 July, 2020
Author: J K Maheshwari
Bench: J K Maheshwari
IN THE HIGH COURT OF ANDHRA PRADESH AT AMA (Special Original Jurisdiction) Aa. THURSDAY, THE SIXTEENTH DAY OF JULY, TWO THOUSAND AND TWENTY : PRESENT: \ THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAH WRIT PETITION NO: 10116 OF 2020 Between: T.Subramanium, S/o.Shivaiah. .. Petitioner AND The State of Andhra Pradesh, rep., by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi, Guntur District The District Collector, Chittoor District, Chittoor The Joint Collector Officer, Chittoor District, Chittoor District The Sub-Collector, Madanapalli, Chittoor District The Tahsildar, Palamaner Mandal, Chittoor District --_ AWN ..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 declaring the proceedings, in D.Dis(E4)/REV-ESECOLAS(APL)/11/2020, dated 13-03-2020 issued by the respondent No.3 in cancelling the assignment Patta granted in petitioner favor through D.Form Patta No.540/4/1421, for the land in an extant of Ac.3.00 Cents in Sy.No.1095/1A and 1095/1B of Palamaner Village fields, Palmaner Mandal, Chittoor District, in exercise of powers conferred under BSO 15(18) of the Board of Revenue Standing Orders as arbitrary illegal and contrary to the procedure envisaged under BSO.15 (18) of the AP Board of Revenue Standing Orders and well established legal principles, apart from being violative of fundamental and Constitutional Rights guaranteed to petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same. 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 No. 4 and 5 not to alienate the land in an extent of Ac.3.00 Cents in Sy.No.1095/1A and 1095/1B of Palamaner Village fields, Palmaner Mandal, Chittoor District, in favor of third parties, pending disposal of WP 10116 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 suspend Notice in D.Dis(E4)/REV-ESECOLAS(APL)/11/2020, dated 13-03-2020 issued by the respondent No.3, pending disposal of WP 10116 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 Smt. S Parineeta, Advocate for the Petitioner, GP for Roads & Buildings for the Respondent No.1 and of GP for Revenue for Respondent No.2 to 5, the Court made the following. ORDER
"Smt.S.Parineeta, learned counsel, appears on behalf of the petitioner.
Learned Government Pleader for Roads and Buildings appears on behalf of respondent No.1. Learned Government Pleader for Revenue appears on behalf of respondent Nos. 2 to 5. They seek time to file counter-affidavits.
Needful be done within four weeks.
List after four weeks.
Till then, status quo, as it exists today, in respect of the subject land shall be maintained by both the parties." Sd/-G.SrinivasaReddy ASSISTANT REGISTRAR ITTRUE COPY// Nef 36 For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Roads and Buildings Department, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Guntur District The District Collector, Chittoor District, Chittoor The Joint Collector, Chittoor District The Sub-Collector, Madanapalli, Chittoor District The Tahsildar, Palamaner Mandal, Chittoor District (1 to 5 by RPAD) One CC to Smt. S Parineeta, Advocate [OPUC] Two CCs to GP for Roads & Buildings, High Court Of Andhra Pradesh.[OUT] Two CCs to GP for Revenue, High Court Of Andhra Pradesh.[OUT] One spare copy co GN Oak WD SP HIGH COURT HCJ DATED: 16/07/2020 LIST AFTER FOUR WEEKS ORDER WP.No.10116 of 2020 WE / STATUS QUO Yue Jl ° Resear