Andhra Pradesh High Court - Amravati
Gochipathala Chinnamma vs The State Of Ap on 9 July, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
[ 2693 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
HIGH COURT OF ANDHRA PRADESH: AMARAVATI
TUESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINETEEN
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 8683 OF 2019
Between:
1. Gochipathala Chinnamma, W/o Late Kondaiah
2. Pothupogu Malaydri, S/o Kondaiah
3. Pothupogu Venkamma, W/o Late Venkaiah
Petitioners
AND
1. The State of Andhra Pradesh, State of Andhra Pradesh rep by its Prl. Secretary,
Revenue Department, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
2. State of Andhra Pradesh, rep by its Prl. Secretary Home Department,
Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
3. State of Andhra Pradesh, rep by its Prl. Secretary APTRASNCO Department
Power and Energy, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
4. Chief Commissioner of Land Administration, o/o CCLA Buildings, Vijawada
Andhra Pradesh
5. Managing Director (AP TRANSCO), 0/0 Managing Director, TRASNCO
Vijayawada
6. Engineer in Chief (ENC), 0/0 ENC AP Transco Vijawada, AP
7. Director General of Police, 0/o DGP office, Vijawada Andhra Pradesh
8. District collector, Nellore, SPSR Nellore District.
9. Superintendent of police, Nellore, SPSR Nellore district Andhra Pradesh
10. Superintendent Engineer APTRANSCO, 0/o Suptd Engineer, AP Transco
Kothuru, Nellore Rural SPSR Nellore District, AP
11. Sub Collector Kavali Division, SPSR Nellore District, AP
12. Tahsildar, Dagadarthi Mandal SPSR Nellore District
13. Additional Divisional Engineer, 0/o APTRASNCO, Kothuru Nellore Rural SPSR
Nellore District, AP
14. Assistant Engineer, 0/0 AP TRANSCO, kothru Nellore Rurual SPSR Nellore
District, AP
15. Circle Inspector of police, Buchi Reddy Palem SPSR nellore District
16. Station House officer, Dagadarthi Police station, SPSR nellore District, AP
Respondents
WHEREAS the Petitioners above named through their Advocate SRI.V.SUBHRAMANYA PRASAD 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 nature of writ of mandamus or other appropriate writ Direct the respondents 10,11,12,15 and 16 are not to harass the petitioners and their family member by calling their agricultural land and police station frequently, and the Respondents ie 10 to 12,15 and 16 are built high power towers (Ericition towers) in Sy.Nos.46/6, 46/7, 46/8, 46/9 and 46/10 respectively in (Government Land presently), in Ulavapalla village of Dagadarthi Mandal, SPSR Nellore District, as per the approved ERICTION TOWERS ROUTE MAP, without following due to process of law;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI.V.SUBHRAMANYA PRASAD Advocate for the petitioner, learned Government Pleader for Revenue, for Respondent Nos.1, 4, 8 & 12, learned Government Pleader for Home, for Respondent Nos.2, 7, 9, 15 & 16 and of Sri.N.Siva Reddy, learned Standing Counsel for Respondent Nos.3, 5, 6, 10, 13 & 14, 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, State of Andhra Pradesh, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
2. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
3. The Principal Secretary, APTRASNCO Department Power and Energy, State of Andhra Pradesh, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
4. Chief Commissioner of Land Administration, O/o CCLA Buildings, Vijawada Andhra Pradesh
5. The Managing Director (AP TRANSCO), O/o. Managing Director, TRASNCO Vijayawada
6. The Engineer in Chief (ENC), O/o. ENC AP Transco Vijawada, AP
7. The Director General of Police, O/o DGP office, Vijawada Andhra Pradesh
8. The District Collector, Nellore, SPSR Nellore District.
9. The Superintendent of police, Nellore, SPSR Nellore district Andhra Pradesh
10. The Superintendent Engineer APTRANSCO, O/o Suptd. Engineer, AP Transco Kothuru, Nellore Rural, SPSR Nellore District, AP.
11. The Sub Collector Kavali Division, SPSR Nellore District, AP
12. The Tahsildar, Dagadarthi Mandal SPSR Nellore District
13. The Additional Divisional Engineer, O/o APTRASNCO, Kothuru, Nellore Rural SPSR Nellore District, AP
14. The Assistant Engineer, O/o AP TRANSCO, Kothuru, Nellore Rurual, SPSR Nellore District, AP
15. The Circle Inspector of Police, Buchi Reddy Palem SPSR Nellore District
16. The Station House Officer, Dagadarthi Police Station, SPSR Nellore District, AP are directed to show cause posted 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 2019 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 10,11,12,15 and 16 are not to harass the petitioners and their family member by calling their agricultural land and police station frequently, and the Respondents ie 10 to 12,15 and 16 are built high power towers (Ericition towers) in Sy.Nos.46/6, 46/7, 46/8, 46/9 and 46/10 respectively in (Government Land presently), in Ulavapalla village of Dagadarthi Mandal, SPSR Nellore District, as per the approved ERICTION TOWERS ROUTE MAP, without following due to process of law, pending disposal of WP No. 8683 of 2019, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Learned Government Pleader for Revenue takes notice on behalf of respondent Nos.1, 4, 8 and 12 and seeks time to file counter affidavit.
Learned Government Pleader for Home takes notice on behalf of respondent Nos.2, 7, 9, 15 and 16. Sri N.Siva Reddy, learned Standing Counsel, takes notice on behalf of respondent Nos.3, 5, 6, 10, 13 and 14 and seeks time to file counter affidavit.
While learned counsel for the petitioner contends that there is an order of status quo in W.P.NO.4167 of 2019, learned Government Pleader for Revenue submits that the survey number mentioned in that writ petition is different from the survey number mentioned in this writ petition.
Sri N.Siva Reddy, learned Standing Counsel, submits that there is no requirement of notice before laying of transmission lines as held by this Court in Devisetty Ramaswamy v. Chief Engineer, A.P. TRANSCO (2013 (4) ALD 88).
Post after two weeks.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
2. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
3. The Principal Secretary, APTRASNCO Department Power and Energy, State of Andhra Pradesh, Secretariat, Govt of AP, Velagapudi AMARAVATHI, AP
4. Chief Commissioner of Land Administration, O/o CCLA Buildings, Vijawada Andhra Pradesh
5. The Managing Director (AP TRANSCO), O/o. Managing Director, TRASNCO Vijayawada
6. The Engineer in Chief (ENC), O/o. ENC AP Transco Vijawada, AP
7. The Director General of Police, O/o DGP office, Vijawada Andhra Pradesh
8. The District Collector, Nellore, SPSR Nellore District.
9. The Superintendent of Police, Nellore, SPSR Nellore district Andhra Pradesh
10. The Superintendent Engineer APTRANSCO, O/o Suptd. Engineer, AP Transco Kothuru, Nellore Rural, SPSR Nellore District, AP.
11. The Sub Collector Kavali Division, SPSR Nellore District, AP
12. The Tahsildar, Dagadarthi Mandal SPSR Nellore District
13. The Additional Divisional Engineer, O/o APTRASNCO, Kothuru Nellore Rural SPSR Nellore District, AP
14. The Assistant Engineer, O/o AP TRANSCO, Kothuru, Nellore Rurual, SPSR Nellore District, AP
15. The Circle Inspector of Police, Buchi Reddy Palem SPSR Nellore District
16. The Station House Officer, Dagadarthi Police Station, SPSR Nellore District, AP (1 to 16 by RPAD- along with a copy of petition and affidavit)
17. One CC to SRI.V.SUBHRAMANYA PRASAD Advocate [OPUC]
18. One CC to SRI.N.SIVA REDDY, STANDING COUNSEL (OPUC)
19. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
20. Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT]
21. One spare copy SRL HIGH COURT KVLJ DATED:09/07/2019 NOTE: POST AFTER TWO WEEKS NOTICE BEFORE ADMISSION WP.No.8683 of 2019 DIRECTION DRAFTED BY: SRL DRAFTED ON: 10.07.2019 HIGH COURT KVLJ DATED:09/07/2019 NOTE: POST AFTER TWO WEEKS NOTICE BEFORE ADMISSION WP.No.8683 of 2019 DIRECTION