Andhra Pradesh High Court - Amravati
Panthadi Satyanarayana vs The State Of Ap on 8 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (SPECIAL ORIGINAL JURISDICTI 1ON} FRIDAY, THE EIGHTH DAY OF NOVEMBE. TWO THOUSAND AND TWENTY FOUR, (PRESENT: THE HONOURABLE SRI JUSTICE GANNAMANENI | RAMAKRISH WRIT PETITION NO: 23792 OF 2024 7 Setween: Panthadi | Satyanarayana, S/o Krishna Murthy, Age 38 years, Occupation Agriculture, Aomaragir fpatnamilast), Rameswarar m Vilage, Alawaram Mandal, Konasema District (ernst East Godavari District} | .. Petitioner AND 1. The State of Anchra P: radesh, Rep. by ifs Pr innipal Secretary, Ravenue Deparment, Secretar at, Amaravatihi, é The District Pane chayat officer, Konasema District, Amalapuram East Godavari (Nstrict os The Tashildar, Allavararn Mandal, Konasema District cast Godavari District, 4. The SHO, Allavararn Police Stgton, Allavaram, Konasema District, Amalaouram, Fast Godavari Distriet 3. The Panchayat Secretary, Komaragiripatnam Manchayal, Allawaram Mandal, Konasamea District, Amalapuram Fast Godavarl Oistrict on Angadi lakshmana Swamy, Meera Saheb, aged about $8 years, Occ cultivation, Kormaragiripatnam, Rameswaran Vilage, ANawaram Mandal, Konasema District (Ernst East Godavarl (strict. wong Angad Kall Swamy, Sio. Vissayya, aged about a8O Years, ce cultivation, Komar fagripainam, Rameswaram Vilage, Allawaram Mandal, Konasema District (Ermst East Godavari District, & Chakka Satibabu, So. Satya Raju, Aged 40 years One cuHivation, Komaragiipainam, Rameswaram village, Allawaram Mandal, Korasema District (Emst East Godavari District. 8. Angadi srinu, sfo dandiyya, Aged 45 years, occ eullivation Komeragijipainam, Rameswaram village, ANawaram Mandal, Ronasema District (Ernet East Godavari District. | Ww. Panthadi Purl Jagarnmacham, Syo. Seshayya, aged 40 years eullivation, Kamaragiigainam, Rameswaram village, Allawaram Mandal, Konasema District (Ernst East Godavari District. Vs. Angad: Srinu, Sfo. Kali swamy, aged 38 years, occ culfivation, Komaraciipainam, Rarmeswerarn "village: Sfewsram Mandal, Konasema District (Ernst East Godavari District. Ww. Angad! Satya Srinu, Sfo. Narasimhamurthy, Aged 45 years occ cultivation, Komaraginpainam, Rameswaram village, Allawarar Mandal, Konasema District (Ernst East Goclavarl INstrict). . Respondents Patiion under Article 228 of the Constitution of India is filed praying that in the circumstances stated in the affidavit fled therewith, the High Court may be pleased to issue Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in proposing fo change the classification of the Road in R.S. No. 1652 of Komarigit Painam, Hamlet of Nakka Rameswaram Vilage, Allavararn Mandal, Dr. B.R. Ambadhkar Konaseama (istrict (Ernst East Godavari District) (which is classified as Read}, by changing the classification/ma ture of the land RLS. No, 1852 of Komarigi! Painam, Hamlet of Nakka Rameswaram Vilage, Allavararm Mandal, Dr. B.R. Ambechkar Konaseema [istrict (Ern East Godavari! District) as flegal, arbitrary and violative of principles of natural oe justice and contrary to the Board standing Orders, and consequently direct the respondents not te change the classification / nafure of the land in RLS. Ne, 162 of Komarigit Fainam, Hamlet of Nakka Rameswaram Village, Allavaram Mandal, Dr. B.R. Ambedhkar Konaseema District (Emst East Godavari A istrict) under Land Acquisition Act with intention fo wrangily jass to the petitioner on the ground of way, as illegal, improper, unjust, arbitrary, violative of Article 300-4 and 21 of the Constitution of India and cormsequently suspend the proceedings: IA NO: 1 OF 3024: Pattion under Section 151 CPC is fled praying that in) the circumstances stated in the affidavit filed in support of fhe writ petition, the High Court may be pleased fo direct the respondents, not fo assign as Private land in the land in Sy No.1852 of Komarigiri Patnam, Hamlet of Nakka Rameswaram Village, Alavaram Mandal, Or. B.R.Ambedhkar Konaseeme District (Ernst East Godavari District) Godavari District (which is classified as Road}, pending disposal of WP.No.2378? of 2024, an the file of the High Gourk IA NO: 2 OF 2624: Fetifion uncer Section 157 CPO is fled praying that in the clrcumstances stated in the affidavit fled in suport of the writ petition, the High Court may be oleased to direct the respondents nat fe construct any of Wall in the land in Sy No.i652 of Komartgiri Patnam, Hamlet of Nakka Rameswaram Vilage, Allavararn Mandsi, Or. B.R. Ambedhkar Konaseema istrict (Ernst East Godavari DistrictiGodavari District (which is classified as Road}, pending disposal of WP.No. 23792 of 2024, on the fle of the High Court, The petition coming on for hearing, uson perusing the Petiion and the affidavit fled in support thereof and the earlier order of the High Court dated 21.10.2024 made herein and upon hearing the arguinenis of Sr Ul Kanaka Raju, Advocate for the Pelitfoner and GP for Revenue for the Respondant Nos.1 fo 3 and Ms.Sayarmma Orugant, learned Counsel appearing on behalf of Sr Y Roteswara Rao, Standing Counsel for Panchayat Rai for the Respondent No.5, GP FOR HOME for Respondent No.4, the Court made the following: ORDER:
"Heard Sri Ukanaka Raju, learned Counsel for the Petitioner and Sri Arlun Chowdary, learned Assistant Government Pleader for Revenue and Sri VSalkiran, iearned Counsel! appearing on behalf of Sri ¥ Koteswara Rao, learned Standing Counsel for Respondent Nod, Sri P.AlayBabu, learned Assistant Government Pleader for Rome for Respondent Nod.
a. Si V.Saikiran, learned Counsel appearing on behalf of Sri ¥ Koteswara Rao, leamed Standing Counsel for Respandent Nos submits that having considered the facts of this case the Gram Panchayat has already issued notices fo the owners of private land fo oresent thelr documents for enquiry and the same is under progress. Leamed Standing Counsel! for the Respondent Noo has also furnished copies of the notices Issucd fo certain persons dated 25.08.2024 and 49.07 2094 He would submil that the enquiry is under progress.
3. in this view of the matter, post on 21.12.2024, in order to enable the leammed Standing Counsel for the Respondent No.S to place on record the outcome of the enquiry and also the action feken In respect of the Sane.
4, There shall be a direction fo all the parties to ensure that the access of the Petifioner shall net be interrupted until the next listing."
ae.
A SOME TATA RAO Ep rey ee ETRUE COPY! DEPUTY REGISTRAR corA SECTION OFFICER To, ' The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Amaravalihl. (by Special Messenger) cod _ The District Panchayat officer, Konasema District, Amalapuram cast Godavar District.
The Tashidar, Allavaram Mandal, Konasema District, East Godavari i Disinict
4. The SHO, Allavaram Police Station, Alavaram, Konasema District, Amalapuram, East Godavari District.
§ The Panchayat Secretary, Komaragiripainam Panchayat, Alawaram Mandal, Konasema District, Amalapuram East Godavari District.
6 Angadi fakshmana Swamy, Meera Saheb, omeragiipatnam, Rameswaram village, Alawaram Mandal, Kanasema District (kmet East Godavari District |
7. Angadi Kali Swamy, S/o. Vissayya, Komaragiripainam, Rameswararr wilage, Alawaram Mandal, Konasema UNstrict (Ernst East Godavari District
8. Chakka Satibabu, S/o. Satya Ralu, Romaragiripainam, Rameswaram vilage, Allawaram Mandal, Konasema District (Erms{ East Godavari District.
8. Angad! srinu, s/o dandiyya, Kormaragiripainam, Rameswaram village, Aflawaram Mandal, Konasema District (Ermst East Gadavar Districh 4, Panthadi Purl Jagannadham, S/o. Seshayya, Komeragiripainam, Rameswaram village, Alawaram Mandal, Konasema District demet fast Godavari District VW, Angad Srinu, Sio. Kall awary, Komeragiipainam, Rameswaram village, Allawararm Mandal, Konasema District (Ernst East Godavari
42. Angad! Satya Srinu, S/o. Narasimhamurthy, Komaragiripatnam, Rameswaram vilage, Alawaram Mandal, Konasema Distict (emst East Godavari District}. (Addressee Nos.2 to 12 by RPAD)
43. One CC to Si. U Nanaka Raju, Advocate [OPUC)
14. Two CCs to GP for Revenue, High Court of Andhra Pradesh. POUT]
45. One CC to Sri ¥Y. Kofeswara Rao, Standing Counsel fOPUC]
46. Two OCs to GP for Home, High Court of AP [OUT Ve. Two (40s to GP for Panchayat Ral, High Court of AP [OUT]
48. One spare copy HIGH COURT 7 GREP] DATED:O8/4 1/2084 POST ON 21.12.2024 ORDER WP.No. 23792 of 2024 Sy.
Seth, MASEL ET reap ieg os DIRECTION