[ 3206 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI OEE (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE TWENTY NINETH DAY OF JANUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: ce THE HONOURABLE SRI JUSTICE RRAGHUNANDAN RAO |< WRIT PETITION NO: 18820 OF 2020 Between: | ~ Challagulla Hari Prasad, S/o Challagulla Venkatanarayana, Age;60 years, R/o. 58-20- 10/41, A.P.S.E.B. Colony, Buchirajupalem, Visakhapatnam, Visakhapatnam District. .. Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary Endowments Department, Secretariat, Amaravathi, Guntur District. 2. Sri Varaha Lakshmi Narasimha Swamy Devasthanam,, Simhachalam, Visakhapatnam District, rep.by its Executive Officer. .. Respondents 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 action of the 2™ respondent in interfering with the peaceful possession and enjoyment of the petitioner over the property to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No.94/C, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District is as illegal, arbitrary, unjust and violative of Fundamental Rights guaranteed under the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the property to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No.94/C, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District. IA NO: 1 OF 2020 Petition under Section op2%ion 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 interfere with the peaceful possession and enjoyment of the petitioner over the property to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No.94/C, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District by restraining them not to obstruct the petitioner to construct the compound wall and shed in the said property, pending disposal of WP 18820 of 2020, on 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 Matcha Harika, Advocate for the Petitioner and GP for Endowments for the Respondent No.1 and Sri K.Madhava Reddy, Standing Counsel for the Respondent No.2, the Court made the following. ORDER:
"The petitioner has approached this court with the complaint that the 2"? respondent is interfering with his possession to an extent of 433.33 square yards in S.No.94/P, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam. He claims that he is in possession of the property by way of a registered agreement of sale-cum-power of attorney, dated 07.03.2007. To, It is the case of the petitioner that when the 2™7 respondent sought to interfere with the possession of certain land in the neighbourhood, the owners of that land had filed O.S.No.1063 of 2012 in the court of VI Additional Senior Civil Judge, Visakhapatnam, which was allowed by judgment and decree, dated 19.01.2014.
In this judgment the leaned Senior Civil Judge, took the view that Ryotwari patta was not available to the 2" respondent in Survey Nos.94 to 98 of Vepagunta Village.
The petitioner seeks protection of this court in view of the aforesaid finding, which has now been set aside till date. The learned standing counsel has sought time on 15.10.2020 and 22.01.2021. No instructions have been obtained till date. The leaned counsel for the petitioner expresses urgency on the ground that steps are being taken to dispossess the petitioner. In the circumstances, there shall be stay of dispossession of the petitioner for a period of three weeks.
Post on 15.02.2021." | nw ha.
Sd/-G.SrinivasaReddy"
ASSISTANT REGISTRAF IITRUE COPY// HG SECTION OFFICER Fu. Agere rriwes MNEUIOTNAN
1. The Principal Secretary Endowments Department, Secretariat, Amaravathi, Guntur District, Andhra Pradesh. The Executive Officer, Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam, Visakhapatnam District. (Addresses 1 & 2 by RPAD) One CC to M/s. Matcha Harika, Advocate [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] One CC to Sri K.Madhava Reddy, Standing Counsel [OPUC] One spare copy N Oo ® MM HIGH COURT RRRJ DATED:29/01/2021 NOTE: POST ON 15-02-2021 ORDER WP.No.18820 of 2020 INTERIM DIRECTION ae Me of