Andhra Pradesh High Court - Amravati
Chilukuri Bapiraju vs The Union Of Bank on 9 December, 2020
Author: D Ramesh
Bench: D Ramesh
| [ 3208 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) ee, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI/S 22h ? # yy "Se 4, Na ~ O wf py VEY ¥ \ ~~ re uy i al & ou My ey a SS 438 hue Yiu as of i Vk WEDNESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND i, ey ~ Zp (Special Original Jurisdiction) :PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 23337 OF 2020 Between: 1. Chilukuri Bapiraju, S/o.Subba Rao, Hindu, Aged about 75 years, Cultivation R/o. Yerramillipadu Vungutur Mandal, West Godavari Dist. 2. Polina Gangadhara Rao, S/o. Rama Rao, Hindu, Aged about 75 years, Cultivation R/o. Gantavarigudem, Nallajerla Mandal, West Godavari Dist. 3. Chilukuri Taraka Venkata Satyanarayana, S/o. Late Bhuchakradhar Rao, Hindu, Aged about 50 years, Occ Cultivation R/o. Yerramillipadu Vungutur Mandal, West Godavari Dist. 4. Polina Vimala, W/o. Gangadhar Rao, Hindu, Aged about 70 years, R/o. Gantavarigudem, Nallajerla Mandal, West Godavari Dist. Petitioners AND 1. The Union of India, Rep by its Secretary, Ministry of Roads & Transport and High Ways, New Delhi. 2. The Competent Authority of Land Acquisition, N H 16, the Revenue Divisional Officer, Eluru Division, Eluru, West Godavari Dist. 3. The Regional Officer, Andhra Pradesh, National Highway Authority of India, Door No. 78-14-21, Syamala Nagar, Gandhipuram, Rajahmundry, Andhra Pradesh,533 103. The Superintendent of Police, West Godavri Dist. At Eluru. The Circle Inspector of Police, Bhimadotu P.S. Bhimadotu, West Godavari Dist. ok Respondents
WHEREAS the Petitioners above named through their Advocate Sri.Yallabandi Ramatirtha 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 in the nature of writ of Mandamus declaring the inaction of the respondents 2 and 3 in responding to Petitioners' representation, dt.11.11.2020 ( which is received by them on 42.11.2020) with regard to their grievance of taking excess land in an extent of Ac. 2.43 cents in RS No. 242/4A of the 1st petitioner and an extent of 0.44 cents in RS No. 242/2B of 2nd petitioner an extent of Ac. 0.55 cents in Sy.No.242/4A of the 3rd petitioner and an extent of Ac. 2.10 cents in Sy.No.242/4B of the 4th petitioner situated at Gunnampalli Village, Dwaraka Thirumala Mandal, West Godavari District by respondents 2&3 with the aid of 4&5 on 25.02.2020 in high handed manner and causing damage to the fensing and also depriving the petitioners by not providing ingress and aggress by acting contrary to the land acquisition proceedings taken by them vide Notification No. 4024/E, Dt.22.12.2017 published in Sakshi news paper issued by the 2nd respondent as arbitrary and violative of principles of natural justice and consequently to direct the respondents not to lay any road in the lands taken in excess by the respondents authorities till the disposal of petitioners' representations, dt.11.11.2020 in the interest of justice;
e AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Yallabandi Ramatirtha Advocate for the Petitioners, Sri.N.Harinath, Assistant Solicitor General for Respondent No.1, _ Sri.S.S.Varma, learned Standing Counsel for Respondent Nos.2 & 3, and GP for Home for Respondent Nos.4 & 5, directed issue of notice to the Respondents herein _returnable in four(4) weeks to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Secretary, Ministry of Roads & Transport and High Ways, Union of India, New Delhi.
2. The Competent Authority of Land Acquisition, N H 16, the Revenue Divisional Officer, Eluru Division, Eluru, West Godavari Dist.
3. The Regional Officer, Andhra Pradesh, National Highway Authority of India, Door No. 78-14-21, Syamala Nagar, Gandhipuram, Rajahmundry, Andhra Pradesh,533 103.
4. The Superintendent of Police, West Godavri Dist. At Eluru.
5. The Circle Inspector of Police, Bhimadotu P.S. Bhimadotu, West Godavari Dist.
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 before .2020, on which date the case stands posted for hearing.
IA NO: 1 OF 2020 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 not to lay any road in the lands taken in excess by the respondents authorities in an extent of Ac. 2.43 cents in RS No. 242/4A of the 1st petitioner and an extent of 0.44 cents in RS No. 242/2B of 2nd petitioner, an extent of Ac. 0.55 cents in Sy No. 242/4A of the 3rd petitioner and an extent of Ac. 2.10 cents in Sy No. 242/4B of the 4th petitioner situated at Gunnampalli, Dwaraka Thirumala Mandal, West Godavari District situated at Gunnampalli, Dwaraka Thirumala Mandal, West Godavari District till the disposal of our representation dated 11.11.2020 in the interest of justice, pending disposal of WP No. 23337 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING: ORDER:
Notice before admission returnable in four(4) weeks.
Learned counsel appearing for the petitioners submitted that as per the notification, Survey No.242/5A in an extent of Ac.2.43cents in the name of Chilukuri Bapiraju, in Survey No.242/4B in an extent of Ac.0.44cents in the name of Polina Gangadhara Rao, Survey No.242/4A in an extent of Ac.0.55cents in the name of Chilukuri Taraka Venkata Satyanarayana and Survey No.242/4B in an extent of Ac.2.10cents in the name of Polina Vimala, are reflected.
Learned counsel for the petitioners submits that the authorities issued land acquisition notification for the above stated lands and they have acquired the lands by paying compensation. But now the respondent authorities are interfering with the possession of the petitioners over the lands, which are not included in the notification, hence, they filed the present Writ Petition.
Learned Government Pleader appearing for the respondents, on instructions, submitted that the authorities have acquired the lands, taking possession, subsequent to payment of the compensation, finally the District Collector as well as the Superintendent of Police, proceeding with the lands which were acquired, then hand over to the Land Acquisition Officer. He -- categorically stated that the authorities have not at all interfering with the possession of the petitioners and they are not taking any additional properties, which were not included in the notification.
In view of the above, there shall be interim direction to the respondents, not to dispossess the petitioners from the subject lands, which are not included in the notification.
SD/-K,JAGAN MOHAN DEPUTY ISTR.
ITTRUE COPY// SECTION OFFICER To, .
1. The Secretary, Ministry of Roads & Transport and High Ways, Union of India, New Delhi.
2. The Competent Authority of Land Acquisition, N H 16, the Revenue Divisional Officer, Eluru Division, Eluru, West Godavari Dist.
3. The Regional Officer, Andhra Pradesh, National Highway Authority of India, Door No. 78-14-21, Syamala Nagar, Gandhipuram, Rajahmundry, Andhra Pradesh,533 103.
The Superintendent of Police, West Godavri Dist. At Eluru.
The Circle Inspector of Police, Bhimadotu P.S. Bhimadotu, West Godavari Dist.
(by RPAD- along with a copy of petition and affidavit) One CC to Sri.Yallabandi Ramatirtha Advocate [OPUC] One CC to Sri.S.S.Varma, Standing Counsel (OPUC) One CC to Sri.Harinath N.,Assistant Solicitor General, [OPUC] One spare copy oe Foxe Ss HIGH COURT _ DRJ DATED:09/12/2020 NOTICE BEFORE ADMISSION WP.No.23337 of 2020 INTERIM DIRECTION 91 DEL 2020