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Andhra Pradesh High Court - Amravati

Istam Trinadha Rao, vs The State Of Andhra Pradesh, on 17 December, 2020

Author: D Ramesh

Bench: D Ramesh

[ 3208 ]
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE SEVENTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY
: PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 24135 OF 2020
Between:
4. Istam Trinadha Rao, S/o Late Narasayya, Aged about 56 years, Occ- Cultivation,
R/o.Paradhi Village, Bobbili Mandal, Vizianagaram District
2. Istam Appala Swamy, S/o Late Appayya, Aged about 71 years, Occ- Cultivation,
R/o. Paradhi Village, Bobbili Mandal, Vizianagaram District
3. Kalisetti Appala Naidu, S/o Late Dalayya, Aged about 70 years, Occ- Cultivation,
R/o.Paradhi Village, Bobbili Mandal, Vizianagaram District

   

Petitioners
AND
14. The State of Andhra Pradesh, Revenue Department, Secretariat Building,
Velagapudi, Guntur District Rep. by its Secretary
The District Collector, Vizianagaram District, Vizianagaram
The Revenue Divisional Officer, Parvathipuram .Sub Division, Vizianagaram
District
The Tahsildar, Bobbili Mandal, Vizianagaram District
The Village Revenue Officer, Paradhi Village, Bobbili Mandal, Vizianagaram
District
6. The Paradhi Gram Panchayat, Paradhi, Bobbil Mandal, Vizianagaram District.
Rep. by its Panchayat Secretary/Person-In-charge

ON

ak

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 a writ of mandamus or any other appropriate writ or direction declaring the action
of the respondents No 4 to 6 herein in proposing to construct Rythu Barosa Kendram in
the petitioners land to an extent of Ac 0.40 cents out of Ac 11.61 cents .in Sy.No.165 of
Paradhi Village, Bobbili Mandal, Vizianagaram District without initiating the proceedings
under The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2 013 (Act No. 30 of 2013) and without issuing
notice, without following due process of law as illegal, arbitrary, against the principles on
natural justice and consequently direct the respondents not to dispossess the
petitioners from the possession and enjoyment of the land to an extent of A c 0.40 cents
out of Ac 11.61 cents in Sy.No.165 of Paradhi Village, Bobbili Mandal, Vizianagaram
District pass

IA 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 stay of all
further proceedings including construction of Rythu Barosa Kendram in petitioner's land
situated in Sy.No.165 to an extent of Ac 0.40 cents out of Ac 11.61 cents of Paradhi
Village, Bobbili Mandal, Vizianagaram District and dispossessing the petitioners from
their land, pending disposal of WP 24135 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 SRI TADDI NAGESWARA
RAO Advocate for the Petitioners, and of GP FOR REVENUE for the Respondent Nos.1
~ to 5, SRI LKOTI REDDY Standing Counsel for Respondent No.6, the Court made the
following.

ORDER:

"Post on 21.12.2020 in the motion list. Meanwhile, status-quo as on today shall be maintained with respect to subject property.

To, o ak WN = OON MSR Print the name of Sri I.Koti Reddy, Standing Counsel for respondent No.6". SD/- MSSURYANADHA REDDY ASSISTANT R I/ITRUE COPY// a For ASSISTANT RE ISTRAR _ The Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Building, Velagapudi, Guntur District. The District Collector, Vizianagaram District, Vizianagaram The Revenue Divisional Officer, Parvathipuram .Sub Division, Vizianagaram District The Tahsildar, Bobbili Mandal, Vizianagaram District The Village Revenue Officer, Paradhi Village, Bobbili Mandal, Vizianagaram District The Panchayat Secretary/Person-In-charge, Paradhi Gram Panchayat, Paradhi, Bobbil Mandal, Vizianagaram District. (Addresses 1 to 6 by RPAD) One CC to SRI TADD! NAGESWARA RAO Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] One CC to Sri I.Koti Reddy, Advocate [OPUC] 0 One spare copy HIGH COURT DRJ DATED:17/12/2020 POST ON 21.12.2020 IN THE MOTION LIST ORDER WP.No.24135 of 2020 STATUS QUO fi OSS:

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