Andhra Pradesh High Court - Amravati
Jonna Nageswara Rao vs The State Of Andhra Pradesh, on 5 March, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HGH COURT OF ANDHRA PRADESH: AT AMARA (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF MARCH __- TWO THOUSAND AND TWENTY FOUR -PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 33626 OF 2023 Between: Jonnie Nageswara Rao, fo Pedda Satyam, Hindu, aged aboul 82 years, Rfo Martha Vilage, Undrajavaram Mandal, East Godavan UNetricf. Currently residing & 10-06- 404VE, Surhanpuram, Khammam . Petitioner AND 1. 'The State of Andhra Pradesh, Rep. by its Principal Secretary (FR and RD}, secretarial Bulldings, Velagapudli i, Ama@rayaine The District Collector, (P Wing), East Godavari District, Ralamahendravaram., The Divisional Panchayat Offioer, Rowuru Division, East Godavari District. The Mortha Gram Panchayat, Undrajavaram Ma ndal, Fast Godavar District Rep. by is Panchayat Secretary. 5. The Extension Officer, Rural Development, Undraiavararn Mandal, Fast Godavari District, he bad Pad Reapondants . Petition under Article 2268 of the Constitution of India (e Med praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ple asad io issua WRIT OF MANDAMUS or any other appropriate writ, order or direction # DECLARE the action of the Respondent officials in hi Yighhandediy inferfaring with pettioner's peaceful possession and enjoyment of the petitioer owned landed property admaasuring an extent of Ac. 0-24 2/5 canis sluated in RS Na. 137/F of Moriha Vilage. Undrajavaram Mandal, East Godavari District as legal, arbitrary, violation of provisions of the Panchyat Raj Act besides violation of principles of natural jusice and contrary fo Ariicles 14 and 300-4 of Constitution of India and consequently COMMAND the Respandent officials not infedering with petitioner's peaoatul possession and enioyrnent of the subject praperty in the inferast of justice. eae be iA NO: 7 OF 2023 Petition under Section 197 CPO is Hed oraying that in the circurnatances Siated in the affidayii fled in support of the writ peti Hon, ans High Cour may be Dleased fo DIRECT the Respondent Officials not to interfere with petitioners peacelul passeasion ara enjoyrnant of nroperty admeasuti ing an extent of Acihed aio Gaerts situated in RS No.137/? of Mortha Village, Undrajavaram Mandal, East Godavar District In the interest of justice. pendi mg disposal of WP LNo. 23826 26 of 2023, on the fle of the High Court. The petifion coming on for hearing, upon perusing the Pelion and the afidavil Hed in support thereof and the arcer of the Hi igh Court dated 29.72. 2093 & O.O1.2024 made herein and upon hearing the arguitrants of Sn JV Phaniduth, Advocate for the Petitioner, GP for Panchayat Rai & Rural Develoornent, for aera : 4 ty % & § Se A Seibert Sbancdmee Triinceal fas Deenmancdant Respondent Nos.f fo 3 & § are! SriN Snher, Standing Counsel far Respondent STN No.4, the Court made the ORDER:
Heard learned counsal for the petitioner, Learned counse! appearing on behalf of the 4" respondent ~ Gram Panchayat placed a copy of the written instructions dated 06.01.2024 for serusal of this Court, wherein it is mentioned that the Gram Panchayat is not faking any steps in respect of the subject matter property and would follow the due procedure, in the event the subject matter land is required for any purpose.
Al te request made on behalf of the learned counsel for the respondent No.6 for securing Instructions, list this case on 19.09.2024. interim order granted on the earlier occasion shall stand extended byfour(d)weeks 00000000 ASS! Fer SECT Te, Qne CO io SRV PHANIDUTH Advocate [OPUC} 4 ;
; ey gS oy fay Daan earonts Dal ry, Af . fs reiené Mieke & Sond 2, Two OCs to GP for Panchayat Raj & Rural Development, Nigh Court of Andhra Pradesh, [OUT] One (2G fo SrNSrihan, Standing Counsel (OPUC} One spare copy Bo HIGH COURT DATED 08.93 2024.
NOYE: LIST THIS CASE ON 19.03.2024, ORDER WP. No.33826 of 2023 INTERIM ORDER EXTENDED