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Andhra Pradesh High Court - Amravati

Edi Babu Rao, vs The State Of Andhra Pradesh, on 28 December, 2020

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

| [ 3209 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND,FWEN
: PRESENT: fh
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA, ,

WRIT PETITION NO: 24324 OF 2020

 

Between:
1. Edi Babu Rao, S/o. (late) Satyanandam, Male, Age-37 years, D.No.1-91,
Bethapudi Village, Bhimavaram Mandal. West Godavari District.
2. Edi Ravi Babu, S/o. (late) Yesudasu, Male, Age-35 years, D. No.1-75, Bethapudi
Village, Bhimavaram Mandal, W.G.district.
3. Chabattula Yesu Raju, S/o.(late) Sundara Rao, Male, Age-49 years, D.No.1-111,
Bethapudi Village Bhimavaram Mandal, West Godavari District.
4. Smt.Tokala Lakshmikantamma, W/o.(late)Suryaprakasa Rao, Female, Age-60
yearss, D.No.1-41, Bethapudi Village, Bhimavaram Mandal.
5. Ch.Chitti Moshe, S/o.(late) Sundara Rao, Male, Age-59 years, D.No.1-89,
Bethapudi Village, Bhimavaram Mandal.
6. R.Yesupadam, S/o.(late) Raja Rao, Male, Age-64 years, D.No.1-74, Bethapudi
Village, Bhimavaram Mandal.
7. Tokala Yakobu, S/o(late) Suryaprakasa Rao, Male, Bethapudi Village,
Bhimavaram Mandal, West Godavari District-534 207.
Petitioners
AND
1. The State of Andhra Pradesh, Rep.by its PrincipalSecretary to Revenue Dept,
Secrateriat Buildings, Velagapudi, Guntur District.
The District Collector, West Godavari District at Eluru.
The Revenue Divisional officer, Narsapuram Revenue Division, Narsapuram,
W.G. District.
The Tahasildar, Bhimavaram Mandal, Bhimavaram, W. G.District.
The Village Revenue Officer, Bethapudi Village, Bhimavaram Mandal.
The Bethapudi Gram Panchayat, Bethaapudi Village, Bhimavaram Mandal, Rep
By Its Secratery.
7. The Station House Officer, Bhimavarm Rural P.S, Bhimavaraam, W.G.District.
Respondents

wn

Oo

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 an order or
orders, direction or directions, writ or writ of Mandamus and to declare the action of the
respondents particularly Respondents 3 to 6 with help of Respondent No.7 trying
Vacating the Petitioners from their House Sitess each an extent of AC. 0-04 cents
subsisting and again issue House site pattas under Navaratnalu Scheme is illegal,
arbitrary and Violative of Articles 14, 21 and 300 A of the Constitution of India, against
the principles of natural justice and direct to the Respondents not to interfere with the
peaceful possession and enjoyment of the petitioners Residential Houses and House
Sites each an extent of AC. 0-04 cents Situated Bethapudi Malapeta in R.S No. 334/1,
334/2 of Bethapudi Village, Bhimavaram Mandal, W.G.District., while House site Pattas
in and consequently direct the respondents not to issue House site pattas in Petitioner's
Houses and House Sites each an extent of AC. 0-04 cents Situated Bethapudi Malapeta
in R.S No. 334/1, 334/2 Situated Bethapudi Malapeta of Bethapudi Village, Bhimavaram
Mandal, W.G. District;

  
 

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 interfere with peaceful possession and enjoyment of the
petitioners Houses and not to evict the petitioners from their Houses and House Sites in
R.S No. 334/1, 334/2 Situated Bethapudi Malapeta of Bethapudi Village, Bhimavaram
Mandal, W.G.District., pending disposal of the Writ Petition No. 24324 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 the order of the High Court, dated 21.12.2020 made herein
and upon hearing the arguments of Sri.K.Satyanarayana Murthy Advocate for the
Petitioner, GP for Revenue Advocate for the Respondent Nos.1 to 5 and of Sri |.Koti
Reddy, learned Standing Counsel for Respondent No.6, the Court made the following.

ORDER:

~ No counter-affidavit is filed, though time was sought on 21.12.2020. | List on 21.01.2021.

Interim orders granted on the earlier occasion are extended for a period of eight (8) weeks..

SD/-B.NARSING RAO TRUE COPYI/ r ForA d S REGISTRAR Oo,

1. The Principal Secretary to Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, West Godavari District at Eluru. The Revenue Divisional officer, Narsapuram Revenue Division, Narsapuram, W.G. District.

The Tahasildar, Bhimavaram Mandal, Bhimavaram, W. G. District. The Village Revenue Officer, Bethapudi Village, Bhimavaram Mandal, West Godavari District.

6. The Secratery, Bethapudi Gram Panchayat, Bethaapudi Village, Bhimavaram Mandal, West Godavari District.

7. The Station House Officer, Bhimavarm Rural P.S, Bhimavaraam, W.G. District. (by RPAD)

8. One CC to Sri.K.Satyanarayana Murthy Advocate [OPUC]

9. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]

10.One CC to Sri.l.Koti Reddy, Standing Counsel (OPUC)

11.One spare copy SRL wn oe AS TREGISTRAR .-

7

HIGH COURT NJSJ DATED:28/12/2020 NOTE: LIST ON 21.01.2021 ORDER WP.No.24324 of 2020 EXTENSION OF EARLIER INTERIM ORDER

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