Andhra Pradesh High Court - Amravati
Viswanadha Education Trust vs The State Of Ap on 19 February, 2021
Bench: Ninala Jayasurya
iF
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE NINTEENTH DAY OF FEBRUARY |
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 20056 OF 2020
Between:
4. Viswanadha Education Trust, Rep by its Managing Trustee Sri. Viswanadha Dhananjaya
Rao S/o Late Rama Murty, R/o 9-36-6/1, Pithapuram Colony, Visakhapatnam 530003.
2. Viswanadha Education Society, Rep by its Secretary Sri. Viswanadha Dhananjaya Rao
S/o Late Rama Murty, R/o 9-36-6/1, Pithapuram Colony, Visakhapatnam 530003
3. Delhi Public School Anandapuram, Visakhapatnam, Rep by its Pro-Vice chairman Sri
Viswanadaha Venkata Rama Revanth S/o V. Dhananjaya Rao, R/o 9-36-6/1,
Pithapuram Colony, Visakhapatnam 530003
| ...Petitioners
AND
1. The State of AP, rep by its Principal Secretary, Revenue Department, Secretariat
Buildings, Velagapudi, Guntur District -
2. The District Collector, Visakhapatnam, Visakhapatnam District
3. The Tahsildar, Anandapuram Mandal, Visakhapatnam District.
... 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 to declare that the impugned
notice dated 13.10.2020 issued in RC No. 199/2017/A, under section 7 of Land Encroachment
Act, 1905, by the 3rd respondent herein and the proposed action of respondents to evict the
petitioners or demolish their western boundary wall (i.e., the boundary wall) as mentioned in the
said notice, are illegal, unlawful, arbitrary, without jurisdiction and violative of principles of
natural justice and established principles of law and also violative of article 300A and article 14
of the constitution of India and also against the principles evolved by Honble Supreme Court in
the case of Thummala Krishna Rao and another Vs Govt. Andhra Pradesh as reported in 1982
AIR page 1081 and consequently set aside the said notice dated 13.10.2020 in RC No.
199/2017/A of 3rd respondent and further declare that the respondents shall not evict the
petitioners from the subject property mentioned in the impugned notice or demolish their
western wall, i.e., the boundary wall referred to in the impugned notice dated 13.10.2020 except
by orders of civil court in terms of the above judgment of Honble Supreme Court.
IA NO: 1 OF 2020
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 pass interim orders
directing the respondents herein not to dispossess the petitioners from the land covered by their
western wall i.e., the land covered by boundary wall referred to in the impugned notice of 3rd
respondent dated 13.10.2020 in RC No. 199/2017/A or dispossess them from the land covered
by the said notice in Anandapuram Revenue Village and Mandal, Visakhapatnam district,
pending disposal of WP.No. 20056 of 2020 on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
herein, and Orders of High Court dated 28-10-2020, 04-11-2020, 19-11-2020, 09.12.2020 &
24.12.2020 made herein and upon hearing the arguments of Sri P.Veerraju, Advocate for the
Petitioners, and of G.P. for Revenue for the Respondents, the Court made the following
ORDER:
List the matter after four weeks for filing counter by the respondents.
Interim order, granted on the earlier occasion is extended by eight weeks.
Sd/- CH.V. SUBRAHMANYA SHARMA
: ASSISTANT REGISTRAR
TRUE COPY//
for ASSISTANT REGISTRAR
To
4. Two CCs to G.P. for Revenue, High Court, A.P.(OUT)
2. One CC to Sri P.Veerraju, Advocate(OPUC)
»- One spare copy
TVR
Ne
HIGH COURT
NJSI
DATED: 19.02.2021
NOTE: LIST AFTER FOUR WEEKS
ORDER
WP.No.20056 of 2020
EXTENSION OF INTERIM ORDER
