Andhra Pradesh High Court - Amravati
Gubbala Venkata Rao vs The State Of Andhra Pradesh on 9 February, 2021
[ 2692 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE NINTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: : THE HONOURABLE SRI JUSTICE D.V.S.S. SOMAYAJULU: WRIT PETITION NO: 2874 OF 2021 Between: Gubbala Venkata Rao, S/o Narasimha Swamy, R/o 2-9, Gubbalavari Palem, Rameswaram village, Sakhinetipalli Mandal, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat and Rural Development Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Guntur District. The District Collector, East Godavari District Kakinada. The District Panchayat Officer, East Godavari District, Kakinada. The Zilla Praja Parishad, Rep. by its Chief Executive Officer, Kakinada. The Tahsildar, Sakhinetipalli Mandal, East Godavari District. The Mandal Parishad Development Officer, Sakhinetipalli (V) & (M), East Godavari District. The Village Revenue Officer, Rameswaram Village, Sakhinetipalli Mandal, East Godavari District. 8. The Rameswaram Gram Panchayat, Rep. by its Secretary, Rameswaram village, Sakhinetipalli Mandal, East Godavari District. QAaPkwn ™ ...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 or order more particularly one in the nature of WRIT OF MANDAMUS . declaring the action of the 8° respondent/Gram Panchayat in making hectic attempts for ' laying road in properties of the petitioners in various survey numbers in 392-3, 392-8, 392-7 and 392-9 of Gubbalavari Palem, Rameswaram Village, Sakhinetipalli Mandal, East Godavari District without acquiring the same as illegal, arbitrary, unconstitutional and against the well-established principles of laws apart from violation to the principles of natural justice and consequently direct the 8th respondent/ Gram Panchayat to stop all the attempts to lay a road in the properties of the petitioner in various survey numbers of 392-3, 392-8, 392-7 and 392-9 of Gubbalavari Palem, Rameswaram Village, Sakhinetipalli Mandal, East Godavari District by making it clear that the petitioners properties cannot be used for laying road without acquiring the same under the provision of Land Acquisition Act, 13/2013. IA NO: 1 OF 2021 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 direct the respondents 4 to 7 not to meddle with the properties of petitioner in various survey numbers of 392-3, 392-8, 392-7 and 392-9 of Gubbalavari Palem, Rameswaram Village, Sakhinetipalli Mandal, East Godavari District in any manner, pending disposal of WP 2874 of 2021, 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 Ponnada Sree Vyas, Advocate for the Petitioner and GP for Panchayat Raj for the Respondent Nos. 1 & 3 and GP for Revenue for the Respondent Nos. 2, 5 & 7 and Sri I.Koti Reddy, Standing Counsel for the Respondent Nos.4, 6 & 8, the Court made the following. ORDER:
"Learned Standing Counsel states that because of the Panchayat Elections, he could not get immediate instructions as the officers are busy. He requests time till Monday.
List the matter on 15.2.2021.
Till then, no steps should be taken to lay a road over the petitioner's property.
Print the name of Sri |. Koti Reddy, learned Standing Counsel." Sd/-M.Suryanadha Reddy ASSISTANT REGISTRAR TRUE COPY// SECTION OFFICER For ae To,
1. The Principal Secretary, Panchayat and Rural Development Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Guntur District, State of Andhra Pradesh.
The District Collector, East Godavari District Kakinada. The District Panchayat Officer, East Godavari District, Kakinada. The Chief Executive Officer, Zilla Praja Parishad, Kakinada. The Tahsildar, Sakhinetipalli Mandal, East Godavari District. The Mandal Parishad Development Officer, Sakhinetipalli (V) & (M), East Godavari District.
7. The Village Revenue Officer, Rameswaram Village, Sakhinetipalli Mandal, East Godavari District.
8. The Secretary, Rameswaram Gram Panchayat, Rameswaram village, Sakhinetipalli Mandal, East Godavari District. (Addresses 1 to 8 by RPAD)
9. One CC to Sri. Ponnada Sree Vyas, Advocate [OPUC]
10. Two CCs to GP for Panchayat Raj, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP for Revenue, High Court of AP [OUT]
12.One CC to Sri I.Koti Reddy, Standing Counsel [OPUC]
13. One spare copy MM Oak wN HIGH COURT DVSSJ DATED:09/02/2021 NOTE: LIST THE MATTER ON 15-02-2021 ORDER WP.No.2874 of 2021 INTERIM DIRECTION 45 FEBSO2) t