Andhra Pradesh High Court - Amravati
Chinthapalli Bhoolakshmi vs The State Of Ap on 6 January, 2021
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) WEDNESDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 376 OF 2021 Between: _ 1. Smt. Chinthapalli Bhoolakshmi, W/o Siddi Raju, 2. Chinthapalli Prasad, S/o. Siddi Raju, 3. Talari Rambabu, S/o. Anjaneyalu, Petitioners AND --
The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
The District Collector,, Eluru West Godavari District, Andhra Pradesh.
The Revenue Divisional Officer, Jangareddigudem Revenue Division office, West Godavari District, Andhra Pradesh.
The Tahsildar/Mandal Revenue Officer, T.Narsapuram Mandal, West Godavari District. Andhra Pradesh
- WN Respondents WHEREAS the Petitioner above named through their Advocate Sri Kommula Venkata Ratna Rao 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 an appropriate writ, or order or direction, more particularly, one in the nature of Writ of Mandamus and declare the high handed acts of the respondents by preparing the layout on our part of land situated in survey no. 236/2 to an total extant of Ac.1.10 cents at Veerabhadravaram, Velagapadu Village, T.Narasapuram Village, West Godavari District, and intending issue house site pattas under Navaratnalu scheme by alleging that the above land in Gramkantam situated in R.s.No.236/3 though the above land have been purchased by the petitioners along with specific boundaries vide under registered sale deed doc.no.1172 of 2004 dated 31.08.2004 of '1st petitioner, registered sale deed doc.no.1161 of 200 dated 16.07.2007 of 2nd petitioner and registered sale deed doc.no.1260 of 2007 dated 16.07.2007 of 3rd petitioner and the high handed manner of the respondents by threatening the petitioners is highly illegal, arbitrary and violative of Article 14, 21 and 300 A of the constitution of India without power or jurisdiction apart from contrary to the judgment rendered by Hon'ble Apex Court in a case of State of Andhra Pradesh Vs. Tummala Krishna Rao reported in AIR 1982 S.C. page 1081 hence the action of the respondents are liable to be throughout and consequently direct the respondents not to alienate or create any 3rd party interest by issuing patttas under Navaratnalu scheme, without following the law laid down by the Honourable Apex Court in a case of State of Andhra Pradesh Vs. Tummala Krishna Rao reported in AIR 1982 S.C. page 1081.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Kommula Venkata Ratna Rao Advocate for the Petitioner, 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 Buildings, Velagapudi, Amaravathi, Guntur District.
The District Collector, Eluru West Godavari District, Andhra Pradesh.
The Revenue Divisional Officer, Jangareddigudem Revenue Division office, West Godavari District, Andhra Pradesh.
The Tahsildar/Mandal Revenue Officer, T.Narsapuram Mandal, West Godavari District. Andhra Pradesh
- ON 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 affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 19-09-2019 on which date the case stands posted for hearing .
IA NO: 1 OF 2021 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 stay all further proceedings in issuing house site pattas/create third party interest on the petitioners schedule land situated in survey no. 236//3 and 236/2 and total extant of Ac.1.10 cents of situated at Veerabhadravaram, Velagapadu Village, T.Narasapuram Village, West Godavari District, pending disposal of WP No. 376 of 2021, on the file of the High Court.
The Court made the following: ORDER Notice before admission returnable in four (4) weeks.
Learned Counsel for the petitioners submit that without following the directions of this Court during the earlier round of litigation, again the respondents are interfering with the possession of the property. Hence the present writ petition. --
Considering the above submissions, the respondents are directed to maintain status-quo as on today.
Post after four (4) weeks.
Sd/- K. JAGAN MOHAN DEPUTY REGISTRAR ITTRUE COPY// SECTION OFFICER To _--
The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
The District Collector, Eluru West Godavari District, Andhra Pradesh.
The Revenue Divisional Officer, Jangareddigudem Revenue Division office, West Godavari District, Andhra Pradesh.
The Tahsildar/Mandal Revenue Officer, T.Narsapuram Mandal, West Godavari District. Andhra Pradesh (1 to 4 by RPAD- along with a copy of petition and affidavit) One CC to Sri Kommula Venkata Ratna Rao Advocate [OPUC]
-Two CCs to GP for Revenue ,High Court of Andhra Pradesh. [OUT] One spare copy
- WN Nou TVR HIGH COURT DRJ DATED:06/01/2021 NOTICE BEFORE ADMISSION WP.No.376 of 2021 STATUS QUO a rR peep GE"