Andhra Pradesh High Court - Amravati
Pamidiboyina Venkateswarlu vs Union Of India on 29 July, 2020
Author: D Ramesh
Bench: D Ramesh
* f- (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE TWENTY NINTH DAY OF JULY, TWO THOUSAND AND TWENTY - PRESENT: THE HON'BLE SR! JUSTICE D.RAMESH WRIT PETITION NO : 12660 of 2020 Between: 4. Pamidiboyina Venkateswarlu, S/o. Karaiah 2. Pamidiboyina Adilakshmi, W/o. Venkateswarlu 3. Donthina Adiseshu Reddy, S/o. Bikshalu Reddy 4 Timmana Uday Sankar, S/o. Sundararamaiah Petitioners AND The Union of India, Rep. by its Secretary, Ministry of Road Transport, New Delhi. The Competent Authority, Land Acquisition Officer, Joint Collector-li, Guntur, Guntur District. The Project Director, PIU National Highway Authority of India, Machilipatnam, Krishna District. The Tahsildar, Bapatla Mandal, Guntur District. B OW N> Respondents
WHEREAS the Petitioners above named through their Advocate Sri D.Krishna Murthy, presented this writ 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 fo issue a Writ of Mandamus or any other appropriate Writ Order or direction, direction declaring the action of the respondents in threatening to dispossess the petitioners from their lands in Sy.Nos.29/1C, 214/9, 2415/5 and 215/9D of Bapatla West village, and Sy.No.211/4 of Maruproluvaiipalem village of Bapatla Mandal, Guntur District. without acquiring their land following due process of law under National Highways Act, 1956, as iNegal, arbitrary and violative of Article 21 and 300A of the Constitution of India.
AND WHEREAS the High Court, upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri D.Krishna Murthy, Advocate for the Petitioners, Sri N.Harinath, Asst. Solicitor General for the Respondent No.1, G.P. for Land Acquisition for the Respondents 2 & 4 and of Sri $.S.Varma -- S.C. for the Respondent No.3, directed to issue of notice to Respondents herein returnable in four weeks to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in the Writ Petition.
You viz;
4. The Secretary, Ministry of Road Transport, Union of India, New Delhi.
2. The Competent Authority, Land Acquisition Officer, Joint Collector-li, Guntur, Guntur District.
3. The Project Director, PIU National Highway Authority of India, Machilipatnam, Krishna District.
4 The Tahsildar, Bapatla Mandal, Guntur District.
are 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 writ petition, the High Court may be pleased to direct the respondents not to dispossess the petitioners from their lands Sy.Nos.29/1C, 214/9, 215/5 and 215/9D of Bapatia West village, and Sy.No.211/4 of Maruproluvaripalem village of Bapatla Mandal, Guntur District, pending disposal of WP No. 42660 of 2020 on the file of the High Court.
The Court made the following ORDER:
" Notice before admission. Notice returnable in four weeks. There shall be interim direction to the respondents, not to dispossess the petitioners from the subject lands, without following due process of law under National Highways Act, 1956. Meanwhile, respondents are directed to file their counters." Je SD/- kk. TATA RAO ASSISTANT REGISTRAR I TRUE COPY // HBX, for ASSISTAN iSTRAR To
4. The Secretary, Ministry of Road Transport, Union of India, New Delhi. 2 The Competent Authority, Land Acquisition Officer, Joint Collector-ll, Guntur, Guntur District. ~ .
3 The Project Director, PIU National Highway Authority of India, Machilipatnam, Krishna District.
4 The Tahsildar, Bapatla Mandal, Guntur District. (1 to 4 by RPAD along with a copy of Petition and affidavit) 5 TwoCCs to G-P. for Land Acquisition, High Court, A.P. (OUT) 6 One CC to Sri N.Harinath, Asst. Solicitor General, High Court, A.P. 7 One CC to Sri D.Krishna Murthy, Advocate (OPUC) 8 One CC to Sri $.S.Varma, Advocate (OPUC) 9 One spare copy.
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