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Andhra Pradesh High Court - Amravati

Alluri Srinivasa Raju vs The State Of Andhra Pradesh on 17 March, 2020

Author: J K Maheshwari

Bench: J K Maheshwari

                                                                              /t;               \
             IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV A TI t
                        (SPECtAL ORtctNAL JURtSDICTtON
 TUESDAY, THE SEVENTEENTH DAY OF IVIARCH TWO TH OUSAND \,o
                                                                A
                                   :PRESENT:
               HONOURABLE THE CHIEF JUSTICE J K MAHESH WARI .-
                         WR|T pETtTtON NO: 6378 OF 2O2O .-
Between:
Alluri Srinivasa Raju, S/o Krishnam raju aged about 32 years R/o D No.14-13-21,
Ramachandrapuram Mandalam, East Godavari District
                                                                              .....Petitioner
                                              AND
    1.   The State of Andhra Pradesh, Rep. by Principal Secretary to Govt of A.p
         Revenue Department, secretariat, Guntur
    2.   The District Collector, Kakinada, Rajahmundry, East Godavari District.
    3.   The Sub-District Collector, Rajahmundry, East Godavari district
    4.   The Revenue Divisional Officer, Rajahmundry, East Godavari District .
    5.   The Tahsildhar, Rajahmundry, East Godavari District
                                                                         ..... Respondents

       Petition under Article 226 of the Constitution of lndia praying that in the
circumstances stated in the affidavlt filed therewith, the High Court may be pleased to
issue an appropriate writ, order or direction, more particularly one in the nature of writ of
mandamus, to declare the action of the respondent no.2 and 5 interfere in Survey
No.326 with Plot Nos. 4,26 an extent of 149.33 Sq.Yds and 190.83 Sq.Yds situated in
Dhawleshwaram revenue village, Rajahmundry, East Godavari district bounded by east
.   common Road, west          : Plot no.9 N      Chadravathi North      : Plot No.3 lV.
Veeravenkatsalyanaraya , south : Plot No.5 U.Rambabu and dispossess the petitioner
there from without following due process of law is illegal, arbitrary and unjust and
without jurisdiction or authority and in violation of Articles 14 and 21 of the Constitution
of lndia and in violation of principles of natural justice and consequently direct the
respondents not to resort to the above said action without following due process of law.

fA 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 direct the
respondents not to interfere in Survey No.326 with Plot Nos. 4,26 an extent of 149.33
Sq.Yds and 190.83 Sq.Yds situated in Dhawleshwaram revenue village, Rajahmundry,
East Godavari district bounded by east: common Road, west: Plot no.9 N chadravathi
North : Plot No.3 M. Veeravenkatsatyanaraya , south : Plot No.5 U.Rambabu. And not
to dispossess the petitioner there from, pending disposal of the writ petition, Pending
disposal of WP 6378 of 2Q20, 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-ordeFolttrc +igree$d-order dated 17'O3.2S2€ made
here*# upon hearing the arguments of Sri BATHULA RAJ KIRAN, Advocate for the
Petitioner and GP FOR REVENUE for the Respondents, the Court made the following.

ORDER

"Sri Bathula Raj Kiran, Counsel for the petitioner.

Learned Government Pleader for Revenue accepts notice on behalf of the respondents and seeks time to file in the matter.

Let reply be filed within four weeks.

Heard on the question of interim relief.

Learned Counsel for the petitioner contends that the petitioner purchased the subject land by registered sale deed dated 16.10.2012, and now, the revenue :il"i,"J['iil::'J]iI3,,,"#T,:;ffi ,j".,,:ilyi:i:::?*,,x.?:::l:i::xxffi i,:"., Learned Government pleader contends that the subject land is a Government Land.

.. considering the aforesaid, by way of interim rerief, it is directed that house site pattas shall not be granted in rlspett of the subject iand under tt",r""h",n"

-
'Navaratnalu-Pedalandariki lllu,' and status quo as iiexists too"y srraii u"

maintained in respect of the subject land uniil the next date.

List afte r four weeks."


                                                                  Sd/. K. MURALI
                                                                  ASSISTANT REGISTRAR

                                       //TRUE COPY//

                                                            For ASSIST            GISTRAR
To,

1. The Principal Secretary to Govt of A.P. Revenue Department, secretariat, Guntur

2. The District Collector, Kakinada, Rajahmundry, East Godavari District.

3. The Sub-District Collector, Rajahmundry, East Godavari district

4. The Revenue Divisional Ofiicer, Rajahmundry, East Godavari District .

5. The Tahsildhar, Rajahmundry, East Godavari District (Addresses 1 to 5 by RPAD)

6. One CC to SRI BATHULA RAJ KIRAN Advocate [OPUC]

7. Two CCs to GP FOR REVENUE (AP) , High Court Of Andhra Pradesh. [OUT]

8. One spare copy HIGH COURT HCJ DATED: 1710312020 NOTE: List the matter after four weeks ORDER WP.No.6378 ot 2020 STATUS QUO