Andhra Pradesh High Court - Amravati
Perika Venkamma vs The State Of Andhra Pradesh on 9 November, 2020
Author: D Ramesh
Bench: D Ramesh
3208 (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) : MONDAY, THE NINTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D.RAMESH . Nf WRIT PETITION NO: 20806 OF 2020 fo S oe o vf Between: 1. Perika Venkamma, W/o Narasimham, aged about 64 years, resident of K.Agraharam Village, Jaggaiahpeta Mandal, Krishna District. 2 Perika Narasimham, S/o Rangaiah, aged about 69 years, Resident of K.Agraharam Village, Jaggaiahpeta Mandal, Krishna District. ...Petitioners AND 4. The State of Andhra Pradesh, represented by its Principal Secretary Revenue Department, A.P.Secretariat, Velagapudi, Amaravati, Guntur district 2. The Joint Collector and Additional District Magistrate, Krishna District at Machilipatnam The Sub Collector/Revenue Divisional Officer, Vijayawada, Krishna District The Tahsildar, Jaggaiahpeta Mandal, Krishna District eH ...Respondents - WHEREAS the Petitioners above named through their Advocate Sri P.PRABHAKAR RAO presented this 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no.4 in passing the order in proceedings RC.A.No.120/2019 Dt.23-09-2019 confirmed by the respondent no.3 in proceedings/order D.Dis.(RC).A10/284/2019 Dt.01-02-2020 and confirmed in further appeal by the respondent no.2 in proceedings/Order Appeal/No.3/2020 Dt.19- 09-2020 for resuming the land by evicting the petitioners from their pattaland in an extent of Ac.1.19 cents in R.S.No.25/1 (New R.S.No.25/12) bounded by East Paleru River, South Sambathina Guna Sundari, West Gundia Kasamma, North Paleru River, of K.Agraharam Village, Jaggaiahpet Mandal, Krishna District without considering the registered sale deeds/transactions in respect of the said land and though the provisions of the A.P.Assigned Land (Prohibition of Transfers) Act 1977 (Act 9/77) have no application to the said land as the same is arbitrary, illegal and without Jurisdiction and violative of provisions of A.P. Assigned Lands Act 9/1977 and Article 14, 21 and 300-A of the Constitution of India and consequently set aside the impugned proceedings passed by the respondents 2 to 4. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P.Prabhakar Rao, Advocate for the Petitioners and GP for Revenue for the Respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary,Revenue Department, A.P.Secretariat, Velagapudi, Amaravati, State of Andhra Pradesh, Guntur district 2. The Joint Collector and Additional District Magistrate, Krishna District at Machilipatnam 3. The Sub Collector/Revenue Divisional Officer, Vijayawada, Krishna District 4. The Tahsildar, Jaggaiahpeta Mandal, Krishna District € be and hereby directed to show cause either appearing in person or through an "Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. 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 direct the respondents not to dispossess the petitioners from their land (dry) in an extent of Ac.1.19 cents in R.S.No.25/1 (New 25/12) bounded by East: Paleru River, South: Sambathina Guna Sundari, West: Gundla Kasamma, North; Parelu river, of K.Agraharam Village, Jaggaiahpeta Mandal, Krishna District, pending disposal of WP No. 20806 of 2020, on the file of the High Court. ORDER:
"Notice before admission returnable in four (4) weeks. The respondents are directed to file counter. In the meanwhile, the order in proceedings RC.A.No.120/2019 dated 23.09.2019 by the respondent No.4, are suspended." SD/- B.Narsingh Rao ASSISTANT REGISTRAR IITRUE COPY// yo For aseieran(theclerear . The Principal Secretary Revenue Department, A.P.Secretariat, Velagapudi, Amaravati, State of Andhra Pradesh, Guntur district
2. The Joint Collector and Additional District Magistrate, Krishna District at Machilipatnam The Sub Collector/Revenue Divisional Officer, Vijayawada, Krishna District . The Tahsildar, Jaggaiahpeta Mandal, Krishna District (Addresses 1 to 4 by RPAD- along with a copy of petition and affidavit) .. One CC to Sri. P.Prabhakar Rao, Advocate [OPUC] . Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One spare copy To, _ Rw NOM MM _4GH COURT DRJ DATED:09/11/2020 NOTICE BEFORE ADMISSION WP.No.20806 of 2020 INTERIM DIRECTION