Andhra Pradesh High Court - Amravati
Kanneganti Hima Bindu vs State Of Andhra Pradesh, on 18 September, 2020
Author: J. Uma Devi
Bench: J. Uma Devi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE RAKESH KUMAR AND THE HONOURABLE Ms.JUSTICE J. UMA DEVI W.P.(PUBLIC INTEREST LITIGATION) NO: 132 OF 2020 Between: Kanneganti Hima Bindu, Wio.Venu Prasad, Aged about 38 years, 54-14/8-6B, Nirmala Residency, Bharathi Nagar, Vijayawada-520 008, Krishna District, Andhra Pradesh, Aadhaar No.6485 425 7149, Bank A/c.No.37492010014850, PAN NO.DSKPK 7296H. bences Petitioner AND 4. State of Andhra Pradesh, Revenue (Assignment I) Dept., A.P. Secretariat, Velagapudi, Amaravati, Guntur District, Rep. by its Secretary 2. Mission Director, Mission Build Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District 3 Guntur Municipal Corporation, Opp. Gandhi Park, Guntur 522003. rep by the Commissioner 4. Andhra Pradesh Industrial Infrastructure Corporation Ltd., 9A-20/3/2A, 1st Floor, Sri Siva Complex, Funtimes Club Road, Teachers Colony, Vijayawada 520008. Rep by Vice Chairman and Managing Director 5. NBCC (India) Ltd., Reg. Office. NBCC Bhawan, Lodhi Road, New Delhi 410003 Rep. by Chairman cum Managing Director. . . weneee Respondents Petition under Article 226 of the Constitution of India, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring G.O.Ms.No.447, Revenue (Assignment-l) Department, dated 05-11-2019, G.O.Ms.No.474, Revenue (Assignment-l) Department, dt.22-11-2019 and the Memorandum of Understanding entered into by the 2nd respondent on behalf of the State of Andhra Pradesh with NBCC (India) Limited, the 5th respondent herein as also consequential Notice Inviting Offers (NIO) bearing NIO No. NBCC/GM-AP/AP_ LM- 1/2020/1 issued by the 5th respondent for outright sale of 9 land parcels/land assets located at Guntur and Visakhapatnam on behalf of Government of Andhra Pradesh as arbitrary, discriminatory and violative of Articles 14, 266(1), 202, 203 and 204(1) of the Constitution of India, contrary to the Public Trust Doctrine without any authority or law, beyond the reach and scope of Article 162 of Constitution of India, and consequently, set aside the same and restrain the respondents from alienating the land through the impugned e-auction in the interest of justice; . 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 stay all further proceedings pursuant to Notice Inviting Offers (NIO) for outright sale of land parcels/land assets on behalf of Government of Andhra Pradesh available at Guntur and Visakhapatnam districts of Andhra Pradesh bearing NIO No. NBCC/GM-AP/AP LM- 1/2020/1 issued by NBCC (India) Ltd., pending disposal of the WP.(PIL) 132 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 the order of the High Court, dated 28.05.2020 & 30.07.2020 made herein and upon hearing the arguments of SRI.B.NALIN KUMAR Advocate for the Petitioner and of Additional Advocate General, Sri Ponnavolu Sudhakar Reddy for Respondent No.1 and of Sri K.Jagan Mohan Reddy, Standing Counsel for Respondent No.3, the Court made the following. ORDER:
[Proceedings taken up through Video Conferencing] Since in all the aforesaid writ petitions, one and the similar question is involved, all the writ petitions were taken up together. Some of the learned counsel for the petitioners submitted that they have not received counter affidavit, which was said to have been recently filed duly sworn by the Principal Secretary. Learned Additional Advocate General requests that if those learned counsel provides their E-mail particulars immediately, it will be communicated to them.
It is expected that all those formalities may be completed by 21.09.2020. Learned counsel for the petitioners further requests for granting time so that they may examine the recent counter affidavit; and, if necessary, file their response.
It goes without saying that the parties must complete their pleadings by 09.10.2020 failing which, this Court may not entertain any other filing on the next date of hearing fixed, i.e., 12.10.2020. Registry is directed to complete pagination of the brief within three weeks from today. Thereafter, learned counsel for the parties would be at liberty to complete their pagination, within one week, in consonance with the pagination of the Court brief. .
Interim order granted earlier is extended till the next date. Put up all the writ petitions on 12.10.2020. SD/-G.SRINIVASA RED ASSIST GISTRAR ITTRUE COPY// For ASSISTAN GISTRAR "To, SRL oOn> Dork One CC to Sri.B.Nalin Kumar, Advocate [OPUC] Two CCs to GP for Revenue, High Court of A.P. (OUT) Two CCs to The Addl.Advocate General, High Court Of Andhra Pradesh. [OUT] One CC to Sri.K.Jagan Mohan Reddy, Standing Counsel (OPUC) The Section Officer Writ (Division Bench), High Court of A.P. . Two spare copies oe ae HIGH COURT RKJ & JUDJ DATED:18.09.2020 NOTE: PUT UP ON 12.10.2020 ORDER WP(PIL).No.132 of 2020 EXTENSION OF EARLIER INTERIM DIRECTION