Andhra Pradesh High Court - Amravati
Businayuni Bharathamma vs The State Of Andhra Pradesh, on 26 February, 2021
Bench: Ninala Jayasurya
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE TWENTY SIXTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
IA No. 1 OF 2021
IN
WP NO: 4207 OF 2021
Between:
1. Businayuni Bharathamma, W/o. B.Reddeppa.
2. Rangani Kullayappa, S/o.Narappa.
...Petitioners
AND
1. The State of Andhra Pradesh, Reptd. by its Principal Secretary Revenue
Department Secretariat, Velagapudi Amaravathi, Guntur Dist.
The District Collector, Chittoor District Chittoor.
The Tahsildar, P.T.M.Mandal Chittoor District
The Mandal Parishad Development Officer, P.T.M.Mandal Chittoor District
...Respondents
RON
Counsel for the Petitioners: SRI G RAMESH BABU
Counsel for the Respondent No.1 to 3: GP FOR REVENUE
Counsel for the Respondent No.4: Mr.V.VINODH K.REDDY
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
Respondent Nos.3 and 4 herein not to undertake any construction including the
construction of Community Hall in the Raastha Poramboke covered by Sy.No.862 of
Maddaiahgaripalle Village, P.T.M. Mandal of Chittoor District, pending disposal of
WP No.4207 of 2021, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER
"Heard the learned counsel for the petitioners, learned Assistant
Government Pleader for Revenue and Mr.V.Vinodh K.Reddy, for respondent No.4.
The writ petition is filed alleging inter alia that the 4th respondent is
proposing to construct the Community Hall in Rastha(Poramboke) land covered
by Survey No.862 of Maddaiahgaripalli Village lands and the same is contrary to
the law laid down in the judgment of Hon'ble Division Bench of this Court
reported in 2018(2) ALT 459.
When the matter is taken up for consideration, the learned Standing
Counsel for the 4th respondent on written instructions submits that there is no
proposal for construction of Community Hall in the subject land so far and the
petitioner approached this Court on mere apprehension.
However, considering the submissions made by the learned counsel for the .
petitioner and perusing the latest Adangal dated 12.02.2021 which clearly
describes the subject land as Rastha, there shall be a interim direction to the
respondents as prayed for.
To,
SP
List after four (4) weeks for filing counter.
Office to print the name of Mr.V.Vinodh K.Reddy, for 4th respondent."
Sd/-T.Madhavi
ASSISTANT REGISTRAR
I(TRUE COPY//
SECTION OFFICER
. The Principal Secretary, Revenue Department, State of Andhra Pradesh,
Secretariat, Velagapudi Amaravathi, Guntur Dist.
2. The District Collector, Chittoor, District Chittoor.
3. The Tahsildar, P.T.M.Mandal, Chittoor District
*
go ONO
The Mandal Parishad Development Officer, P.T.M.Mandal Chittoor District. (1 to
4 By RPAD)
One CC to Sri G Ramesh Babu, Advocate [OPUC]
Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
One CC to Sri V.Vinodh K.Reddy, Standing Counsel [OPUC]
The Section Officer, Posting Section, High Court of AP
One spare copy
HIGH COURT
NJSJ
DATED: 26/02/2021
LIST AFTER FOUR (4) WEEKS FOR FILING COUNTER.
ORDER
IA No. 1 OF 2021
IN
WP.No.4207 of 2021
INTERIM DIRECTION
