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Andhra Pradesh High Court - Amravati

Chetty Dhanajaya vs The State Of Andhra Pradesh on 22 October, 2020

Author: M.Satyanarayana Murthy

Bench: M.Satyanarayana Murthy

(SHOW CAUSE NOTICE BEFORE ADMISSION
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPEICAL ORIGINAL JURISIDICTION)
THURSDAY ,THE TWENTY SECOND DAY OF OCTOBER
TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY.

 

WRIT PETITION NO: 19669 OF 2020
Between:
Chetty Dhanajaya, S/o. Rangayya.

Petitioner

AND

1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue
Department, A.P. Secretariat, Velagapudi,Gunturu District -522002.

Agency subjudge cum sub-Collector,, Paderu Village and post -531024,
Visakhapatnam District

Duru. Rajarao, S/o Pandayya Vanthamamidi Village, Tajangi post via Narsiparnm
Visakhapatnam District.

Bobbili. Peda Kamesh, S/o. Ramanna, Vanthamamidi Village; Tajangi post via
Narsiparnm Visakhapatnam District.

Bobbili. Eswararao, S/o. Errayya Vanthamamidi Village, Taja

Narsiparnm Visakhapatnam District

Bobbili. Chinnarao, S/o. Peda laksmayyaVanthamamidi Village, Tajangi post via
Narsiparnm Visakhapatnam District

Bobbili Laksmayya, S/o. Chinnayya, Vanthamamidi Village, Tajangi post via
Narsiparnm Visakhapatnam District.

gi post via

N29 a 8 ON

WHEREAS the Petitioner above named through his Advocate Sri T. S. V.
L. Narasimhaswamy 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 a writ or order or direction more particularly one in nature of
writ of mandamus declaring the action of respondent 2nd in collusion with unofficial

respondents .3 to 7 herein by depriving the petitioner peaceful possession and enjoyment of the land in dispute as illegal, arbitrary, unjust, unlawful and violative of Article 14, , 21, 32, 39-A and 300-A of the constitution of India and violative of statutory provisions laid down under order 39 Rule 1 and 2 and section 151 of C.P.C and grant to transfer the case under article 228 r/w 226 of the constitution of India by following due process of law, pending disposal of the case in A.O.S.No.15/2019 on the file of Agency Sub-Judge cum Sub-Collector, Paderu to this Honble court to evade sever threats to loss of human life and other unlawful action to be taken by Maoist, Naxlites and from respondents 3 to 7. in the facts and circumstances of the case.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri T.S.V.L. Narasimhaswamy, Advocate for the Petitioner, directed issue of notice to the Respondent Nos.3 to 7 herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

1. Duru. Rajarao, S/o Pandayya Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.
2. Bobbili. Peda Kamesh, S/o. Ramanna, Vanthamamidi Villag¢, Tajangi post via Narsiparnm Visakhapatnam District. ,
3. 'Bobbili. Eswararao, S/o. Errayya Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District
4. Bobbili. Chinnarao, S/o. Peda laksmayyaVanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District
5. Bobbili Laksmayya, S/o. Chinnayya, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.

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 affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 04.11.2020 on which date the case stands posted for hearing 1A. 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 call for the records filed by petitioner in A.O.S.No 45/2019 by directing the Agency Sub-Judge cum sub-Collector Paderu, Visakhapatnam district to send the subject A.O.S number file urgently to this Hon'ble court to be tried to evade sever threats to loss of human life and other unlawful action to be taken by Maoist, Naxlites and from respondents 3 to 7. pending disposal of WP No. 49669 of 2020, on the file of the High Court.

The Court made the following: ORDER:

Issue notice to respondent Nos.3 to 7.
Learned counsel for the petitioner is permitted to take out personal notice to respondent Nos.3 to 7 through RPAD and file proof of service. Post on 04.11.2020.
Sd/- V. DIWAKAR :
ASSISTANT REGISTRAR ITRUE COPY! For ASSISTANT REGISTRAR To
1. Duru. Rajarao, S/o Pandayya Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.

Bobbili. Peda Kamesh, S/o. Ramanna, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.

Bobbili. Eswararao, S/o. Errayya Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District Bobbili. Chinnarao, S/o. Peda laksmayyaVanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District Bobbili Laksmayya, S/o. Chinnayya, Vanthamamidi Village, Tajangi post via Narsiparnm Visakhapatnam District.

(1 to 5 by RPAD- along with a copy of petition and affidavit) 6 OneCCto Sri T.S.V.L. Narasimhaswamy, Advocate, [OPUC]

7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

8. One spare copy a ff eo N TVR HIGH COURT MSMJ DATED:22/10/2020 NOTICE BEFORE ADMISSION' WP.No.19669 of 2020 POST ON 04-11-2020 DRAFTED: TVR 77 NOV apy 2