Andhra Pradesh High Court - Amravati
Smt. Jalajakshi vs The State Of Andhra Pradesh, on 30 September, 2022
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT(: (SPECIAL ORIGINAL JURISDICTION) FRIDAY , THE THIRTIETH DAY OF SEPTEMBER 4 TWO THOUSAND AND TWENTY TWO \ @ :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 32243 OF 2022 Between: _ Smt. Jalajakshi, W/o P. Krishna Reddy, Aged about 50 yrs, R/o, H.No. 7-1-47/48, Sri Ramulavari Uttara MadaVeedi, Tiruipathi, AP Petitioner AND 1. The State of Andhra Pradesh, Rep. 'by its Principal Secretary, (Revenue Dept) Secretariat, Amaravathi. 2. The Tahsildar, Rural Tirupathi, Tirupathi 3. The Secretary, Grampanchayat, 7 Tite hanoor, Tirupathi . Respondents Petition under Article 226 of the Constitition of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction moreparticularly one in the nature of Writ of Mandamus, declaring the action of the:respondents in making attempts to interfere in the construction of commercial complex and threatening to demolish in survey no.303/3P-2 at Tiruchanaur, Tirupathi admeasuring 305.325 Sq Yds. situated at Tiruchanaur, Tirupathi District in case .of further construction as arbitrary, illegal, violation of fundamental rights under 14; 19, 21 and 300A of the Constitution of India and consequentially direct the 2 respondent not to interfere with the construction of commercial complex of the petitioner. IA NO: 4 OF 2022 Petition under Section': 154 CPC is filed 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 herein not to interfere with the petitioner's construction of her commercial complex. in survey No.303/3P-2 at Tiruchanaur, Tirupathi admeasuring 305.325 Sq Yds. situated at Tiruchanaur, Tirupathi District, Pending disposal of WP 32243 of 2022,:0n 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 M/S N ANULA Advocate for the Petitioner, GP FOR REVENUE for the Respondent Nos. 1 & 2 , Sri V.Vinod K Reddy, Standing Counsel: for the Respondent No.3 and the Court made the following. ORDER:
"In view of the documents filed along with the Writ Petition, clearly discloses the peaceful possession of the petitioner's subject property, there shall be an interim direction to the respondents not to dispossess and interfere with the possession of petitioner' s subject property without following due process of law.
Post this case after four (4) weeks for filing the counter."
Sdi- B. CHITT! JOSEPH ASSISTANT-REGISTRAR IFRUE COPY! To 'SEcTIO ER
1. The Principal Secretary, (Revenue -- Dept), State of Andhra Pradesh , Secretariat, Amaravathi.
2. The Tahsildar, Rural Tirupathi, Tirupathi
3. The Secretary, Grampanchayat, Tirchanoor, Tirupathi( 1 to 3 by RPAD)
4. One CC to M/S .N ANULA Advocate [OPUC]
5. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 6 7 _ One CC to Sri V.Vinod K Reddy, Standing Counsel [OPUC] . One spare copy RVK HIGH COURT DRJ DATED:30/09/2022 NOTE : POST THIS CASE AFTER FOUR (4) WEEKS FOR FILING THE COUNTER ORDER WP.No.32243 of 2022 DIRECTION eed na gure