Andhra Pradesh High Court - Amravati
Govada Manjula vs The A.P. Land Grabbing. ... on 4 February, 2021
Bench: Joymalya Bagchi, A V Sai
[3270]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE FOURTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE JOYMALYA BAGCHI
: AND .
THE HONOURABLE SRI JUSTICE AV SESHA SAI
1A No. 2 OF 2018
IN
WP NO: 30323 OF 2018
1A. No. 1 of 2018:
'Between:
Govada Manjula, W/o. Govada Srinivasa Rao,
...Petitioner
(Petitioner in WP 30323 OF 2018
on the file of High Court)
AND
4. The A.P. Land Grabbing. (Prohibition), Tribunal (District Judge) at Guntur, rep.,
by its Chairman.
Muvva Subbulu (died) per LR Respondent No. 2
2. Kurra Rama Devi, W/o. Soma Sundara Rao, R/o D.No. 6-6-59, 6/2 Arundelpet,
Guntur, Guntur District.
3. Madisetty Punna Rao (died),
4. Yamireddy Krishna Reddy, S/o Ramireddy, Rio. D.No. 36-38-35, 17" lane SVN
Colony, Guntur
5. Ragipindi Venkata Narayana Reddy, S/o. Koti Reddy, R/o D.No.36-38-35, 47"
lane, AT Agraharam, Guntur
6. -Pokala Vijayalakshmi, Wio Chandra Sekhar Rao, Rio D.No. 28-39-121-7,
Sivaramnagar, Guntur, Guntur District.
7. Madisetty Venkata Naga Krishna Mani, W/o late Punna Rao, R/o D.No.11-4-39.
Haddu Saheb street, near Janda Chettu, Vijayawada, Krishna District.
8. Madisetty Sindhura, R/o D.No.11-4-39, Haddu Saheb Street, near Janda Chettu,
Vijayawada, Krishna District.
_..Respondents
(Respondents in-do-)
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in W.P., the High Court may be please to grant stay of execution of the
Judgment and Decree in L.G.O.P.No. 3 of 2009, dated 30-06-2018, on the file of the 1*
Respondent/A.P. Land Grabbing (Prohibition) Tribunal (District Judge) at Guntur,
pending disposal of W._P.No. 30323 of 2018 on the file of High Court.
IA. No. 2 of 2018:
Between:
Kurra Rama Devi, W/o. Soma Sundara Rao, R/o D.No. 6-6-59, 6/2 Arundelpet, Guntur,
Guntur District.
Petitioner/Respondent in IA. No. 1 of 2018
(Respondent No.2 in WP. No. 30323 of 2018
on the file of High Court)
AND
4. Govada Manjula, W/o. Govada Srinivasa Rao, R/o Flat No.101, Sri Valabha
Classic Apartments, 4" Lane, S VN Colony, Guntur, Guntur District
_...Respondent/Petitioner in IA. No. 1 of 2018
2. The A.P. Land Grabbing. (Prohibition), Tribunal (District Judge) at Guntur, rep.,
by its Chairman.
3. Madisetty Punna Rao (died),
4. Yamireddy Krishna Reddy, S/o Ramireddy, R/o. D.No. 36-38-35, 17 lane SVN
Colony, Guntur
5. Ragipindi Venkata Narayana Reddy, S/o. Koti Reddy, R/o D.No.36-38-35, 47"
lane, AT Agraharam, Guntur
6. Pokala Vijayalakshmi, W/o Chandra Sekhar Rao, R/o D.No. 28-39-121-7,
Sivaramnagar, Guntur, Guntur District.
7. Madisetty Venkata Naga Krishna Mani, W/o late Punna Rao, R/o D.No.11-4-39.
Haddu Saheb street, near Janda Chettu, Vijayawada, Krishna District.
8. Madisetty Sindhura, R/o D.No.11-4-39, Haddu Saheb Street, near Janda Chettu,
Vijayawada, Krishna District.
(Respondents 3 to 8 are not necessary, Hence given up in this petition)
... Respondents/Petitioner
(Respondents-in-do-)
Petition under Section 151 of CPC, praying that in the circumstances stated in the
counter affidavit filed herein, the High Court may be pleased to vacate the interim order
dated 28-08-2018 in I.LA.No. 1 of 2018 in W.P.No. 30323 of 2018 of 2018, pending
disposal of WP No. 30323 of 2018, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in W.P., and Counter affidavit filed in IA. No. 2 of 2018, and Order of High Court
dated 28-08-2018 made in !A. No. 1 of 2018 and upon hearing the arguments of M/S
Bharadwaj Associates Advocate for the Petitioner in IA. No. 1 of 2018 and Respondent,
and No.1 in IA. No. 2 of 2018, and M/s T.V. Sridevi, Advocate for Respondent No.2 in
IA. No.1 of 2018 and Petitioner in IA. No.2 of 2018, the Court made the following
ORDER:
(Proceedings taken up through video conferencing)
We have heard the parties relating to vacating interim order dated
28.08.2018 in I.A.No.1 of 2018.
Learned counsel appearing for the petitioner/second respondent submits
that a blanket stay was passed without conditions.
On the other hand, learned counsel for the first respondent/writ petitioner
submits that the interim order is continuing since 2018 and the writ petition may
be heard on merits.
We have considered the materials on record. We have examined the order
under challenge.
The first respondent/petitioner has been prima facie declared as a land
grabber, which is to be examined in the course of the instant proceedings.
Moreover, she was directed to pay compensation/damages at the rate of
Rs.5,000/- per month on or after 01.09.2018 till recovery of possession. No
direction with regard to payments/securing damages as accrued in terms of the
order had been passed.
ERE SS
In light of the aforesaid, we intend to balance the equities by ensuring
deposit of the accrued and/or further damages subject to the result of the writ
petition. Thus, we modify the order of injunction and direct the first
respondent/petitioner shall deposit arrears of damages on and from 01.09.2018
till February, 2021 i.e, Rs.1,50,000/- in three equal monthly installments, first of
which is payable on 01.03.2021, second payable on 01.04.2021 and the remaining
on 01.05.2021. In addition thereto, the first respondent/petitioner shall deposit a
sum of Rs.5,000/- per month commencing from the month of March, 2021 which is
to be deposited within 10 day of each succeeding month. Subject to such
payment, there shall be status quo with regard to possession of the suit property.
In the event, the petitioner fails to deposit any of the installments or monthly
damages as directed, stay shall stand automatically vacated. The
petitioner/second respondent shall withdraw the compensation amount upon
furnishing an undertaking that she shall refund the same, subject to the result of
nmin
i ai pen,
the writ petition.
P | .«TataRao
| STANT, REGISPRAR
| VEY
rn.
TRUE COPY) ~~11ON OFFICER
For
T oO, : - os scene ancnarnns A
. The Chairman, A.P. Land Grabbing. (Prohibition), Tribunal (District Judge) at
Guntur,
One CC to M/S Bharadwaj Associates Advocate [OPUC]
One CC to M/s T.V. Sridevi, Advocate (OPUC)
One spare copy
----_
PON
Skm
HIGH COURT
JBI &
_AVSSJ
DATED:04/02/2021
ORDER
IA. No. 2 of 2018
IN
WP.No.30323 of 2018
DIRECTION
