The Pachipenta Gram Panchayat, vs Bayya Mahadeva Sastry,
2021 Latest Caselaw 1082 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

TUESDAY, THE TWENTY THIRD DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE

_:PRESENT:

THE HONOURABLE THE CHIEF JUSTICE ARUP KUMAR GOSWAM,
AND
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR

WRIT APPEAL NO: 48 OF 2021

(Appeal filed under Clause 15 of the Letters Patent, against the order dated 16.06.2020
passed in W.P.No.1517 of 2020)

Between:

1. The Pachipenta Gram Panchayat, Rep. by its Secretary, Pachipenta Pachipenta
Mandal, Vizianagaram District. .
2. The Panchayat Secretary, Pachipenta Village, Pachipenta Mandal, Vizianagaram
District: .
Appellants
AND

1. Bayya Mahadeva Sastry, S/o. Late Narasimha Sharma, Aged 50Years, Occ
Agriculture, R/o. D.No. 15-12-29/1, Seetah Vilas, Next to Sagar Durga Hospital,
Maharanipeta, Visakhapatnam District.

Guthavilli Eshwra Rao, S/o Late Gowthu Naidu, Aged about 60 yars, Occ.
Cultivation, R/o PachipentaVilage, PachinpentaMadal, Vizianagaram District.
State of Andhra Pradesh, rep. by its Principal Secretary (Panchayat Raj
Department), Velagapudi, Guntur District

District Collector, Vizianagaram District.

The Divisional Panchayat Officer, Parvathipuram Division, Parvathipuram,
Vizianagaram District.

The Tahsildar, Pachipenta Village, Pachipenta Mandal, Vizianagaram District.

OO AR oO N

Respondents
1A NO: 1 OF 2021

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 suspend
the Judgment dated 16.06.2020 passed by this Court in WP No.1517 of 2020, pending
disposal of WA.No. 48 of 2021, 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 the order of the High Court order dated 01.02.2021 made
herein and upon hearing the arguments of Sri Koti Reddy Idamakanti Advocate for the
Appellant, Sri.E.V.V.S. Ravi Kumar, learned counsel for Respondent Nos.1 & 2, learned
GP for Panchayat Raj & Rural Development for Respondent Nos.3 & 5 and of learned
GP for Revenue for Respondent No.4 & 6, the Court made the following

ORDER:

(Taken up through Video Conferencing)

Heard Mr.Koti Reddy Idamakanti, learned standing counsel for the

appellants.

\

Also heard Mr.E.V.V.S.Ravi Kumar, learned counsel for respondents 1 and

The respondents No.3 and 5; 4 and 6 are represented by learned G.P. for Panchayat Raj & Rural Development; and learned G.P.for Revenue, respectively.

By the order dated 01.02.2021, while issuing notice in this Writ Appeal, 22.02.2021 was fixed for consideration of the interim prayer. Since the matter has not reached on 22.02.2021 due to paucity of time, again this matter is listed today.

After hearing the learned counsel for both the parties and on perusal of the materials on record, we direct the parties to maintain status quo with regard to the land in question i.e., "land situated in S.No.240/1 to an extent of Ac.0.22 % cents bounded by East-CC road, West-Durga Devi Temple, South-Libray and North-Bypass road", and also direct that no construction of any kind shall be ©

raised in the aforesaid land by either of the parties. Registry will list this case again on 03.05.2021.

Registry will reflect learned G.P. for Panchayat Raj & Rural Development and learned G.P. for Revenue in the cause list on the respondents'side.

SD/-CH.SUBRAHMANYA SARM ASSISTANT REGISTR

ITTRUE COPY// For ASSISTANT REGISTRAR To

1. Bayya Mahadeva Sastry, S/o. Late Narasimha Sharma, Occ Agriculture, R/o. D.No. 15-12-29/1, Seetah Vilas, Next to Sagar Durga Hospital, Maharanipeta, Visakhapatnam District.

Guthavilli Eshwra Rao, S/o Late Gowthu Naidu, Occ. Cultivation, R/o PachipentaVilage, PachinpentaMadal, Vizianagaram District.

The Principal Secretary (Panchayat Raj Department), State of Andhra Pradesh Velagapudi, Guntur District The District Collector, Vizianagaram District.

The Divisional Panchayat Officer, Parvathipuram Division, Parvathipuram, Vizianagaram District. .

The Tahsildar, Pachipenta Village, Pachipenta Mandal, Vizianagaram District. (1 to 6 by RPAD- along with a copy of Appeal and memorandum of grounds) One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC]

One CC to Sri E V V S Ravi Kumar, Advocate [OPUC]

. Two CCs GP for Panchayat Raj & Rural Development, High Court of A.P.(OUT)

10. Two CCs GP for Revenue, High Court of A.P.(OUT)

11. Two spare copies.

CON ODO AR WY ND

SRL

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/ HIGH COURT HCJ & CPKJ DATED:23/02/2021

NOTE: LIST THIS CASE AGAIN ON 03.05.2021

ORDER WA.No.48 of 2021

DIRECTION

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