Andhra Pradesh High Court - Amravati
Lt.Col. M J. Naidu, vs The State Of Andhra Pradesh, on 11 February, 2021
Bench: Ninala Jayasurya
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE ELEVENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 3149 OF 2021
Between:
Lt.Col. M J. Naidu, S/o. Late Balaramaiah.
M.Venkata Lakshamma, W/o. Late Nagaiah.
. Naga Satyam, S/o. Late Jaya Ramaiah.
- Rama Devi, W/o. Late M. Bala Nagaiah.
_ Bala Subbaiah, S/o. Jayaramaiah.
. Ramaiah, S/o. Balaiah.
. Satyanarayana, S/o. M. Balaiah.
. Satyanarayana, S/o. Pedanarayana.
_Venkateswarlu, S/o. Pedanarayana.
_ Venkata Ramana, S/o. Pedanarayana.
. Nageswari, W/o. Sivaram Prasad.
12.M.Chakrapani Prasad, S/o. Late Narayana Swamy.
13.M. Srinivasalu, S/o. Suryanarayana.
14.Mamilla Chinna Venkata Ramana, S/o. Suryanarayana.
45.M.V. Mohan Raja, S/o. Lakshmi Narayana.
16.M. Chalapathi, S/o. Lakshmi Narayana.
17.M. Venu Gopal, S/o. Late Chinna Narayana.
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0.
1.
(Petitioners 2 to 17 are represented by GPA Holder Lt.Col. M J. Naidu, S/o. Late
Balaramaiah, the 1°' Petitioner herein)
.. Petitioners
AND
4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Secretariat Buildings, Velagapudi, Guntur District.
The District Collector, Prakasam District.
The Tahsildhar, Mandal Revenue Officer, Cumbum Mandal, Prakasam District.
The Mandal Parishat Development Officer, Mandal PRajaparishat, Cumbam
Mandal, Prakasam District.
5. The Assistant Engineer, Mandal Prajapraishat, Cumbum Mandal, Prakasam
District.
6. M. Pullaiah, S/o. Late Ramaswamy, Aged 68 years, Cultivation, R/o. Yerrabalem,
Cumbum Mandal, Prakasam District.
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...Respondents
WHEREAS the Petitioners above named through their Advocate Sri S V R
Subrahmanyam 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 writ order or direction more particularly one in the nature of
WRIT OF MANDAMUS declaring the action of the Respondents in occupying the land in
RSNo.244 of Yerrabalem Village, Cumbum Mandal, Prakasam District without
following due process of law and infirng the Constitutional Right under Article 300-A of
Constitution of India and in violation of directions issued by this Hon'ble Court in several
judgments as arbitrary, illegal, unconstitutional, contrary to GOMs. No. 243 MA &
UD(8=4) Dept. ,dt.28.06.2011, consequence thereof direct the Respondents to vacate
the land in R.S.No.244 of Yerrabalem Village , Cumbum Mandal, Prakasam District.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri S V R Subrahmanyam, Advocate for the
Petitioners, Government Pleader for Revenue representing respondent Nos.1 to 3 and
Sri V.Vinod K. Reddy, Advocate for respondent Nos.4 and 9, directed issue of notice to
the Respondent No.6 herein to show cause as to why this WRIT PETITION should not
be admitted.
You viz:
M. Pullaiah, S/o. Late Ramaswamy, Aged 68 years, Cultivation, R/o. Yerrabalem,
Cumbum Mandal, Prakasam District.
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.
1A NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
Respondents not to initiate/proceed with construction in R.S.No.244 of Yerrabalem
Village, Cumbum Mandal, Prakasam District of petitioners un-divided joint family
property without following the provisions of RIGHT TO FAIR Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, pending
disposal of WP No.3149 of 2021, on the file of the High Court.
The Court made the following: ORDER
"Heard the learned counsel for the petitioners and learned Assistant
Government Pleader for Revenue representing respondent Nos.1 to 3 and Sri
V.Vinod K. Reddy, learned counsel for respondent Nos.4 and 5.
The grievance of the petitioners in the writ petition is that the official
respondents are initiating steps to construct Wellness Centre in the land of the
petitioners, which is an undivided joint family property, without following the
provisions of the Land Acquisition Act, 2013.
Learned counsel for the petitioners, while placing reliance on the
documents filed along with the writ petition, submits that the action on the part of
the official respondents in taking steps to make constructions without following
the procedure contemplated under law is illegal and unconstitutional.
Considering the submissions made and perusing the material placed on
record, there shall be interim direction as prayed for.
Notice to respondent No.6.
Learned counsel for the petitioners is permitted to take out personal notice
to respondent No.6 and file proof of service within a period of four weeks.
List the matter after four weeks."
f)
Sd/-T.Madhavi
; ASSISTANT REGISTRAR
IITRUE COPY! Bar
For, SECTION OFFICER
To,
SP
1. M. Pullaiah, S/o. Late Ramaswamy, Aged 68 years, Cultivation, R/o. Yerrabalem,
Cumbum Mandal, Prakasam District. (by RPAD- along with a copy of petition and
affidavit) |
2. The Principal Secretary, Revenue Department, State of Andhra Pradesh,
Secretariat Buildings, Velagapudi, Guntur District.
3. The District Collector, Prakasam District.
4. The Tahsildhar, Mandal Revenue Officer, Cumbum Mandal, Prakasam District.
5. The Mandal Parishat Development Officer, Mandal Prajaparishat, Cumbam
Mandal, Prakasam District.
6. The Assistant Engineer, Mandal Prajapraishat, Cumbum Mandal, Prakasam
District. (2 to 6 by RPAD- along with a copy of petition and memorandum of
grounds)
7. One CC to SriS V R Subrahmanyam, Advocate [OPUC]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
9. One CC to Sri V.Vinod K. Reddy, Standing Counsel[OPUC]
10.One spare copy
HIGH COURT
NJSJ
DATED: 11/02/2021
LIST THE MATTER AFTER FOUR WEEKS
NOTICE BEFORE ADMISSION
WP.No.3149 of 2021
INTERIM DIRECTION
