Andhra Pradesh High Court - Amravati
Isa Narasinga Rao, vs State Of Andhra Pradesh on 8 February, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
[ 3209 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI : wert MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 2360 OF 2021 . ON Between: . SS 1. Isa Narasinga Rao, S/o. Late Gannayya, Aged- 64 years, Occ- Cultivation;-Rfe«... Kameswaripeta Village, Narasannapeta Mandal, Srikakulam District. ve SE 2. lsa Kameswara Rao, S/o Late Gannayya, Aged- 60 years, Occ- Cultivation, R/o Kameswaripeta Village, Narasannapeta Mandal, Srikakulam District. 3. Isa Rajeswara Rao, S/o Late Gannayya, Aged- 55 years, Occ- Cultivation, R/o Kameswaripeta Village, Narasannapeta Mandal, Srikakulam District. Petitioners AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. District Collector, Srikakulam District at Srikakulam. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. Tahsildar, Narasannapeta Mandal, Srikakulam District. Kameswaripeta Gram Panchayat, Rep. by its Panchayat Secretary, Kameswaripeta Village, Narasannapeta Mandal, Srikakulam District. Respondents akON 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 direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the. petitioners to vacate from their land admeasuring Ac.1.00 cents covered by Survey No.21 situated in Kameswaripeta Village, Lukalam Revenue Village, Narasannapeta Mandal, Srikakulam District, without following any known procedure established by law as illegal, arbitrary, without jurisdiction, violative of principles of natural justice and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents. not to interfere with petitioners' peaceful possession and enjoyment of above said lands without following due process of law IA NO: 1 OF 2021 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 dispossess the petitioners' from their land admeasuring Ac.1.00 cents covered by Survey No.21 situated in Kameswaripeta Village, Lukalam Revenue Village, Narasannapeta Mandal, Srikakularn District, without following due process of law, pending disposal of WP 2360 of 2021, 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 SRINIVAS AMBATI Advocate for the Petitioners, and of GP FOR REVENUE for the Respondent Nos.1 to 4 and SRI |.KOTI REDDY, Standing Counsel for Respondent No.5, the Court made the following. ORDER:
(Taken up through Video Conferencing) "Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri I.Koti Reddy, learned standing counsel for Gram Panchayats, appearing for respondent No.5. The writ petition is field seeking to declare the action of the respondents in insisting the petitioners to vacate the land to an extent of Ac.1.00 covered by survey No.21 situated at Kameswaripet Mandal, Lukalam Revenue Village, Narasannapeta Mandal, Srikakulam District, without following due process of law, as illegal and arbitrary.
ae Learned counsel for the petitioners submits that the subject matter land is a grama kantam land and the petitioners constructed residential houses thereon Learned standing counsel appearing for respondent No.5, on the other hand, submits that so far as the structures raised by the petitioners are the land-in-question, they shall follow due procedure as contemplated in law, if petitioners are in Possession of the same. List the matter after four weeks", TRUE COPY// . SeSISTANT REGISTR To, SECTION OFFICER The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. District Collector, Srikakulam District at Srikakulam. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. Tahsildar, Narasannapeta Mandal, Srikakulam District. The Panchayat Secretary, Kameswaripeta Gram Panchayat, Kameswaripeta Village, Narasannapeta Mandal, Srikakulam District. (Addresses 1 to 5 by RPAD) One CC to SRI SRINIVAS AMBATI Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] One CC to SRI I.KOTI REDDY, Standing Counsel [OPUC] One spare copy
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aR wn 9 ONO HIGH COURT NJSJ DATED:08/02/2021 LIST AFTER FOUR WEEKS ORDER WP.No.2360 of 2021 Wess PEMEG ce DIRECTION